Asset Management Enforcement and Examinations

Experience

    • A number of investment management firms on pre-SEC examination and compliance issues.
    • A private equity firm in an SEC investigation relating to “zombie” funds.
    • A number of private equity firms in U.S. federal and state investigations concerning the use of placement agents.
    • One of the founders of a large hedge fund in a criminal insider trading investigation being conducted by the SEC and the U.S. Attorney’s Office in Manhattan.
    • A portfolio company of a private equity firm in an SEC investigation relating to valuation of a CDO by a subsidiary prior to its acquisition.
    • An investment adviser in an SEC investigation arising from an inspection relating to allocation of IPOs and other investment opportunities across managed accounts and funds.
    • A number of private equity firms in analyzing the litigation and FCPA risks associated with potential acquisitions and investments.
    • A private equity firm and a portfolio company in SEC comments concerning auditor independence issues.
    • Regular advice to private equity firms on matters involving the FCPA, including a private equity subsidiary of a leading global financial institution in conducting an internal review of portfolio companies to identify potential anti-corruption compliance issues and to recommend internal compliance changes to enhance prevention detection and remediation of potential issues.
    • A non-US hedge fund in an SEC investigation concerning insider trading.
    • The independent directors of funds advised by two mutual fund advisers in various matters, including advice on issues arising under the Investment Company Act of 1940 and the Investment Advisors Act of 1940, and in civil litigation.
    • Successful defense of a hedge fund managing director in an SEC insider trading investigation involving PIPEs transactions.
    • Successful defense of a managing director of a private equity firm in an SEC insider trading investigation relating to the acquisition of a portfolio company.
    • A hedge fund and its founders in an SEC investigation relating to financing arrangements with small cap companies.
    • Regular advice and training to hedge funds and private equity firms concerning the application of the insider trading laws.
    • An investment management firm in an SEC inquiry relating to foreign exchange transactions.
    • A private equity firm and its portfolio company in discussions with the company’s auditors and the SEC concerning a restatement.
    • A leading investment management firm in a non-public investigation by the SEC.
    • A leading investment bank in a Sarbanes-Oxley whistleblower claim that settled favorably following two weeks of hearings.