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    Nov 15, 2018

Pros, Cons and Trends in the Use of Subscription Credit Facilities

In addition to discussing key considerations and prevailing trends in the use of subscription credit facilities by private fund managers, this fireside chat touched on a range of topics related to subscription credit facilities, including the appeal of these facilities; ways they are used by managers; methods for addressing investor and SEC scrutiny of these facilities; trends in structuring and negotiating these facilities; their recent adoption by other private fund vehicles (e.g., hedge funds and direct lending funds); and an overview of other types of facilities commonly used by private funds (e.g., portfolio liquidity facilities and management company facilities). The webinar was moderated by Rorie Norton of the Hedge Fund Law Report and featured Thomas Draper, partner at Foley Hoag, and Michael Mascia, partner at Cadwalader.

    Nov 08, 2018

Recent Trends in SEC Examinations of Private Fund Managers

In addition to discussing how examiners from the SEC’s Office of Compliance Inspections and Examinations are currently approaching examinations of private fund managers, this program addressed several examination-related topics, including: the life cycle of an SEC examination; recent SEC examination initiatives; key areas of focus during examinations of private fund managers; and ways fund managers can remain prepared for an SEC examination. Moderated by Kara Bingham, Senior Editor of the Hedge Fund Law Report, the webinar featured Andrew M. Calamari, partner at Finn Dixon & Herling and former Director of the SEC’s New York Regional Office; Patricia A. Poglinco, partner at Seward & Kissel; and Joel A. Wattenbarger, partner at Ropes & Gray.

How Fund Managers Should Respond to Recent Trends & Developments in Employment Law

Robin L. Barton, Senior Reporter at The Hedge Fund Law Report, hosted a one-on-one discussion with Richard J. Rabin, partner at Akin Gump and head of the New York office’s labor and employment group. In addition to discussing current trends and developments in employment law, the program tackled various pressing employment topics, such as sexual harassment in the workplace, including the #MeToo movement and associated legislation; pay equity and related lawsuits in the private funds industry; developments in arbitration and what they mean for fund managers; the Trump NLRB and its implications for the private funds industry; bans on requesting salary history information; and family-, sick- and safe-leave requirements. CLE credit is available in NY, NJ, CA and TX.

An Introduction to Fund Finance Structures

In this webinar, the panelists discussed the main features of the key financing options available to private funds, including prime brokerage financing; structured repurchase agreements; special purpose vehicle financing; total return swap financing; and subscription credit facilities, as well as recent developments in the fund finance market. The webinar was moderated by Kara Bingham, Senior Editor of The Hedge Fund Law Report, and featured Jeff Johnston, managing director at Wells Fargo Securities, LLC; Fabien Carruzzo, partner at Kramer Levin; and Matthew K. Kerfoot, partner at Dechert.

Cryptocurrency and Private Funds: What Investors and Managers Need to Know About Emerging Regulatory Trends

Blockchain technology and the related cryptocurrency asset class are rapidly evolving and present traps for unwary fund managers. In this presentation, The Hedge Fund Law Report examined regulatory developments affecting cryptocurrencies; scrutiny of initial coin offerings (ICOs); the recent SEC examination sweep of firms that trade cryptocurrencies; and custody and other compliance issues faced by advisers who hold digital currencies. 

    Nov 13, 2017

How Advisers Can Avoid Common Deficiencies Under the Advertising Rule

In this webinar, panelists discussed how advisers can avoid common deficiencies in their marketing materials and advertising practices under Rule 206(4)-1 of the Investment Advisers Act of 1940, commonly referred to as the “Advertising Rule.” This presentation offered a detailed review of the advertising deficiencies identified in the September 2017 Risk Alert issued by the SEC’s Office of Compliance Inspections and Examinations, discussed how advisers can avoid these sorts of deficiencies in their own marketing materials and built on the topics discussed in our three-part advertising compliance series: “Ten Best Practices for a Fund Manager to Streamline Its Compliance Review” (Sep. 14, 2017); “Five High-Risk Areas for a Fund Manager to Focus on When Reviewing Marketing Materials” (Sep. 21, 2017); and “Six Methods for a Fund Manager to Test Its Advertising Review Procedures” (Sep. 28, 2017). The webinar was moderated by Kara Bingham, Senior Editor of the Hedge Fund Law Report, and featured Christine M. Lombardo, partner at Morgan Lewis; Richard F. Kerr, partner at K&L Gates; and Todd Kaplan, founder and principal of Cloudbreak Compliance Group.

    Oct 18, 2017

2016-17 Side Letter Trends: A Conversation With Seward & Kissel's Steve Nadel

The Hedge Fund Law Report and Seward & Kissel co-produced this webinar in which William V. de Cordova, Editor‑in‑Chief of the Hedge Fund Law Report, and Seward & Kissel partner Steve Nadel discussed issues fund managers commonly face with respect to side letters and how the side letter landscape evolved over the past year. As Seward & Kissel had completed its second annual study of side letters entered into by its hedge fund manager clients, considering the prevalence and features of common side letter provisions, the webinar provides valuable insights gleaned by Nadel – lead author of the study.