Join our interactive workshop to delve into SEC & NFA enforcement trends, post-Private Fund Adviser Rule disclosure considerations, and co-investment best practices for institutional investors. We’ll also cover regulatory expectations on off-channel communications and trends in fee and expense terms.
Agenda:
08:30: Registration and Networking
09:00: Welcome Remarks
09:10: Introductions and Tour de table.
MLB to share their insights on the current key areas of regulatory focus
Learning from the outcomes of recent enforcement actions
Areas which managers need to address urgently
Hear how the vacated Private Fund Adviser Rule is leaving a lasting impact on manager and investor negotiations
Have investor expectations changed?
SBAI update on Standardised Total Expense Ratio (STER) template revamp
Alignment of interests - Developments in fee and expense negotiation
10:30: Group Discussions
11:00: Coffee Break
11:15: Feedback Summary from the Discussion Groups
What investors want to negotiate
What managers are willing to give
Developments in negotiation of terms and conditions
Key pitfalls to avoid
Requirements to preserve electronic communications
How to adopt effective policies and procedures
Expectations of compliance oversight and monitoring
13:00: Lunch and Networking
13:45: Concluding Remarks
Partner, Morgan, Lewis & Bockius
Leveraging exceptional strategic judgment and a thorough understanding of her clients’ business, Stacie Hartman represents financial institutions and exchanges, futures commission merchants, swap dealers, proprietary trading firms, individual traders, and executives in complex litigation focused on financial markets and the financial services industry.
She leads cases before US courts and in enforcement proceedings before the Commodity Futures Trading Commission (CFTC) and other federal financial agencies, as well as financial exchanges and the US Department of Justice. She also conducts efficient and comprehensive internal investigations in her enforcement work and handles the follow-on private litigation that often accompanies an enforcement action, and other litigation involving the financial markets.
Partner, Morgan, Lewis & Bockius
The deputy leader of Morgan Lewis’s global investment management practice, Courtney Nowell advises global institutional investor clients on the terms of their inbound and outbound investments, including into private equity and other co-mingled open-ended and closed-ended investment funds.
She has over 20 years’ experience drafting and negotiating the terms of investment agreements and side letters for clients investing into leveraged buyout, venture capital, distressed debt, special opportunity, real estate, hedge, energy, infrastructure, and credit funds. She also represents investors in opportunity and sidecar funds, co-investment funds and with the drafting and negotiating of funds of one and other bespoke strategic private investment partnerships.
Partner, Morgan, Lewis & Bockius
Christine Ayako Schleppegrell counsels asset managers on legal, regulatory, and compliance matters, focusing on advisers to private funds (private equity, hedge, venture capital, infrastructure, real estate, credit) and separately managed accounts. She spent several years in private practice and more recently at the US Securities and Exchange Commission (SEC), including in leadership roles in the Division of Investment Management. While at the SEC, Christine led the Private Funds Branch during a time of landmark rulemaking impacting private fund advisers, she draws on this experience to advise on current and pending regulations and to guide clients through enforcement and examination proceedings.
Christine’s practice focuses on the interpretation and application of federal securities laws, primarily the Advisers Act, Investment Company Act, Exchange Act, and Securities Act. She serves as a resource for SEC-registered advisers, exempt reporting advisers, and unregistered advisers, ranging from global asset managers with diverse product offerings to startup advisers launching their first funds. Christine provides strategic advice on fund and adviser structuring and deal-related regulatory issues that arise in connection with corporate purchases and mergers and acquisitions. She also specialises in counseling on marketing rule compliance and performance advertising as well as extraterritorial matters, including participating affiliate arrangements.
Partner, Morgan, Lewis & Bockius
Christopher J. Dlutowski has represented investors, managers, and other market participants in a wide array of investment matters for over 25 years.
Christopher represents institutional investors—including public and private pension plans, family offices, sovereign wealth funds, university endowments, foundations, and funds of funds—in their investments in private equity, venture capital, private credit, real estate, infrastructure, secondary, continuation, hedge, hybrid, and other private funds, funds of funds, managed accounts, co-investments, and direct investments, with a special focus on customized investment products, including funds of one, captive funds, and strategic partnerships, in all asset classes.
Christopher also advises institutional investors governance, compliance, risk, and dispute resolution issues.
Partner, Morgan, Lewis & Bockius
Aaron D. Suh serves as a trusted adviser to public companies, private equity sponsors, private firms, and sovereign wealth funds in the structuring and negotiating of their domestic and cross-border mergers, acquisitions, majority and minority investments, corporate venture investments, divestitures, spin-offs, joint ventures, and corporate governance matters.
His clients come from a broad array of industries, including high tech, security, telecommunications, retail, SaaS, artificial intelligence, public safety, life sciences, pharmaceutical, healthcare providers, financial services, specialty lending, food and beverage/spirits, and energy.
Partner, Morgan, Lewis & Bockius
Emily Renshaw focuses her practice on securities enforcement and litigation matters. Emily represents public companies and their officers, directors, and board committees, as well as financial services firms, hedge funds, private companies, and their executives, in regulatory and internal investigations, examinations, and civil litigation.
Emily represents clients in enforcement and examination proceedings brought by the US Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), and state regulators, and before federal and state trial and appellate courts across the United States.