Mastering the regulatory, compliance and formation/maintenance challenges facing broker-dealers, investment advisers (including advisers to private funds), investors in private funds and boutique investment banks requires a thorough understanding of these firms’ business models and the complex and constantly evolving laws, rules, regulations and industry practices in this area. We understand the unique challenges that heavily-regulated financial firms face, in part because several members of our team have served as in-house counsel and principals for registered broker-dealers, investment advisers and hedge funds.
We guide broker-dealers and investment advisers through mergers, acquisitions, restructurings, and changes in ownership, operations and management. Our knowledge of our clients’ businesses informs our approach to corporate and commercial transactions and enables us to effectively represent financial firms and their associated persons in examinations, investigations and enforcement proceedings by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA) and state securities regulators.
We provide practical advice on handling day-to-day compliance matters, addressing new legislative and regulatory developments, and enhancing policies and procedures. Our attorneys regularly advise clients on the use of solicitors/finders, on handling conflicts of interest, and on cybersecurity and crowdfunding.
Our fund formation attorneys have assisted both seasoned veterans and first-time fund managers in launching successful private funds. We provide advice on pre-formation strategy, organizational structure, regulatory compliance, compensation arrangements, and prepare governance documents for investment funds of all kinds, including hedge funds, private equity funds, real estate investment funds and venture capital funds. Our attorneys also advise public pension funds and other institutional investors in negotiating and documenting their alternative investments.