The coronavirus pandemic has resulted in a public health crisis on a never-before-seen scale, requiring fund managers – as well as regulators – to adapt accordingly. In addition to working remotely and ensuring that their businesses remain operational during this time, fund managers have also faced increased communication demands; the need for flexibility with respect to regulatory filings and examinations; and potential expense-allocation issues. All of those matters must be deftly handled by a fund manager’s GC or CCO, whose role has only become more vital during the pandemic. To explore these and other issues, the Hedge Fund Law Report recently conducted a webinar
featuring Stroock partner Michael Emanuel. This first article in a two-part series explores the portions of the webinar that addressed fund manager business continuity and disaster recovery plans, including the importance of ongoing adjustments to them and the need for GC and CCO proactivity; regulatory considerations, including factors influencing the attractiveness of SEC filing relief and best practices for communicating with regulators; and questions regarding allocation of expenses incurred during the pandemic. The second article
will outline various ways that the pandemic has affected managers’ businesses, including with respect to operational due diligence, valuation, trading and side letters; management of third-party service providers; and cybersecurity considerations. See “Key Considerations for Private Fund Investors Navigating the Coronavirus Crisis
” (Apr. 23, 2020).