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Program Description

Hedge Funds in the Current Environment 2009




Approved for CLE credit in: AK,AZ,CA,ME,MO,ND,NJ,NY,WV

It has been a time of unprecedented change for hedge funds. After explosive growth the hedge fund industry has contracted substantially due to the financial crisis. In addition, over the past year there have been fund liquidations, lawsuits by investors, SEC enforcement actions and investigations, fraud committed on hedge funds and speculation as to coming regulation. The industry is clearly in transition.

This course will provide an overview of the rules related to operating a hedge fund. Faculty will discuss how to avoid problems in the enforcement environment and provide best practices for protecting hedge fund advisers from liability. The registration process, requirements applicable to registered advisers and operating issues involving hedge funds will be examined. Finally, top practitioners and regulators will discuss their views on hedge fund issues.

Although this program is intended for professionals in the hedge fund industry, as well as experienced lawyers who practice in hedge funds, lawyers who are interested in developing hedge funds expertise will also benefit.

This program was recorded on April 22nd, 2009.

Provided By: New York City Bar

  • Forming a Hedge Fund and Registering as an Advisor
  • Prime Brokerage and Other Operating Issues
  • Hedge Funds in Distress
  • Hot Issues for Hedge Funds
  • Questions & Answers

    This program was recorded on April 22nd, 2009.

  • CLE Credit Information

    Click on the state abbreviation to find the CLE Credit Information for your state.

    This program is has been approved for credit in AK,AZ,CA,ME,MO,ND,NJ,NY,WV

    Experienced attorneys only (non-transitional)

    Similar Programs

    No related programs information available.

    Panelist Biographies

    David A.Vaughan

    Attorney Fellow
    Investment Management Division of the U.S. Securities and Exchange Commission

    David A. Vaughan is an Attorney Fellow in the Investment Management Division of the U.S. Securities and Exchange Commission. Previously, Mr. Vaughan was a partner in the financial services group of Dechert LLP, where he worked on a variety of investment management matters including hedge funds, investment advisers, broker-dealers, private U.S. funds, retail and private offshore funds, and private and offshore variable insurance products. Mr. Vaughan was recognized as a leading lawyer for investment management by Chambers USA, and as one of 20 Rising Stars of Hedge Funds by Institutional Investor. Mr. Vaughan has spoken at numerous conferences and industry events regarding hedge funds and offshore funds, including the U.S. Securities and Exchange Commission Hedge Fund Roundtable (May 14-15, 2003), the Investment Company Institute Mutual Funds & Investment Management Conference, and the MAR Hedge International Conference on Hedge Fund Investments in Bermuda.

    Paul Saltzman

    Managing Director and General Counsel

    Paul Saltzman is a Managing Director and General Counsel of Ellington. He is responsible for advising Ellington on all legal, regulatory, compliance, documentation and litigation matters. Prior to joining Ellington in February 2008, Mr. Saltzman served as Executive Vice President and Chief Operating Officer of Espeed, Inc. (formerly the public company affiliate of Cantor Fitzgerald), a leader in developing electronic marketplaces for the fixed income dealer community. Mr. Saltzman also served for nearly a decade as Executive Vice President and General Counsel of the Bond Market Association, which has since merged with the Securities Industry Association to form SIFMA, leading the organization¿s regulatory and market practice advocacy in Washington and around the globe before legislators and regulators.


    Managing Director and General Counsel
    FrontPoint Partners LLC

    T.A. McKinney is Managing Director and General Counsel at FrontPoint Partners LLC. Prior to joining FrontPoint, LLP in January 2004, Mr. McKinney was associated with Davis Polk & Wardwell for eight years. He is an Executive Director of Morgan Stanley. Mr. McKinney is also the Director of FrontPoint Offshore Leveraged Multi-Strategy Fund Series A, Ltd. and FrontPoint Offshore Utility and Energy Fund Ltd. since January 2007. He is also an active member of the Bar in New York. Mr. McKinney received a B.A. with high distinction from the University of Kentucky and a J.D. from Columbia University, where he was a James Kent scholar.

    Leor Landa

    Davis Polk & Wardwell

    Leor Landa is a partner in Davis Polk’s Investment Management/Private Funds Group. He advises a wide range of clients on the development, formation, marketing and operation of private investment funds, including private equity funds, hedge funds, hybrid funds, real estate funds, secondary funds, funds of funds, fund and advisory platforms and asset allocation products. He also regularly provides regulatory and compliance advice to his private fund clients. He advises fund managers on compensation and profit sharing arrangements. He also advises on structuring and executing private equity, structured equity and public market transactions as well as acquisitions of investment advisers. Mr. Landa also represents several large institutional investors that invest in private funds. Representative private fund clients have included Credit Suisse Strategic Partners, Coatue Capital, TPG-Axon, DLJ Merchant Banking, Avenue Capital, Perella Weinberg Partners, Capricorn Investment Group, Royal Capital, PointState Capital, Scopus Asset Management, Citadel, Fore Research, Morgan Stanley and J.P. Morgan.

    Nora M.Jordan

    Davis Polk & Wardwell

    Nora M. Jordan head of Davis Polk & Wardwell's Investment Management Group, advises clients on collective investment vehicles, including hedge funds, mutual funds, closed-end funds and private equity funds. She acts as counsel to the adviser, the fund or the independent directors, depending on the client. Many of her matters involve advising clients concerning compliance with the Investment Company Act and Investment Advisers Act. Ms. Jordan also provides exemptive advice concerning the Investment Company Act for industrial holding companies and non-U.S. trading companies, banks, insurance companies and other financial institutions. She has also worked on a number of acquisitions, reorganizations and structurings of asset managers. Ms. Jordan frequently provides advice to financial institutions that have affiliated asset managers and broker-dealers. Principal and agency transactions between asset manager clients and broker-dealers are highly regulated, and she provides advice on these regulations as well as other regulations affecting private funds, advisers and mutual funds. Ms. Jordan graduated with a BA from The University of Notre Dame in 1980 and from Duke University School of Law in 1983.

    Michael Huber

    Vice President and Assistant General Counsel
    Goldman, Sachs & Co.

    Michael Huber is Vice President and Assistant General Counsel in the Legal Department at Goldman, Sachs & Co., where he advises the prime brokerage business and the fund derivatives desk. Michael joined the firm in April 2005 after five years as an associate at Davis Polk & Wardwell, where he advised financial institutions and hedge funds on various financial products, broker-dealer regulation and cross-border collateral issues. In 2001 he also worked in Deutsche Bank¿s legal department covering prime brokerage issues. Michael received an LL.M. degree from the NYU School of Law in 2000 and graduated from the University of Bern (Switzerland) School of Law in 1997. He is admitted to the bars of New York (2001) and Bern, Switzerland (1997).

    N. Adele Hogan

    Hogan Law Associates PLLC

    N. Adele Hogan has worked for underwriters and issuers in a wide array of industries on offerings of diverse types of securities, including investment grade debt, IPOs of common stock, trust preferred securities, medium-term note programs, 144A offerings, debt tenders, and consent solicitations. She regularly advises on SEC reporting, disclosure and corporate governance issues. Throughout her career, Ms. Hogan has worked on more than 125 offerings totaling over $200 billion. Her work in the restructuring and bankruptcy area involves diverse industries, including airlines, automotive, chemicals, energy and utilities, financial institutions, gaming, hotels and leisure, real estate, and retail. In the M&A area, she has experience with public company tender offers, going-private transactions, spin-offs, joint ventures and private equity deals. In regulatory, compliance, risk and internal investigations, her work has included FCPA and whistleblower matters, SEC and FINRA regulatory matters, and corporate governance work. She has practiced corporate law at some of New York City’s largest firms, including Cravath, Swaine & Moore LLP for 10 years, Shearman & Sterling LLP for 4 years, Willkie, Farr & Gallagher for 5 years, and Cadwalader, Wickersham & Taft LLP, and was a partner at Linklaters LLP and White & Case LLP. She currently has her own firm, Hogan Law Associates, PLLC.

    JenniferWu Han

    Assistant General Counsel
    Managed Funds Association

    Jennifer Wu Han serves as Assistant General Counsel at Managed Funds Association (MFA). In her position, she advocates and shapes legislative and regulatory policies affecting the alternative investment industry, including regulatory policy at the Commodities Futures Trading Commission, Securities and Exchange Commission, Department of Treasury, Internal Revenue Service and Federal Reserve. As background, MFA is the voice of the global alternative investment industry. Its members are professionals in hedge funds, funds of funds and managed futures funds, as well as industry service providers. Established in 1991, MFA is the primary source of information for policy makers and the media and the leading advocate for sound business practices and industry growth. MFA members include the vast majority of the largest hedge fund groups in the world who manage a substantial portion of the approximately $1.5 trillion invested in absolute return strategies. MFA is headquartered in Washington, D.C., with an office in New York. Prior to joining MFA, Ms. Han was a staff attorney in the Office of Compliance Inspections and Examinations at the SEC, where she conducted inspections and examinations, and advised on legal and compliance matters relating to developments in securities regulations and/or industry practices. Ms. Han began her legal career as an associate with Pickard and Djinis LLP, a boutique securities law firm in Washington, D.C. She received her Bachelor of Arts degree from Cornell University in 1998 and her Juris Doctor from American University in 2001. While in law school, she was an Editor of the American University International Law Review. Ms. Han is a member in good standing of the Virginia bar.

    Karl A.D'Cunha

    Senior Managing Director
    Houlihan Smith

    Karl A. D'Cunha is a Senior Managing Director at Houlihan Smith and oversees the firm's financial advisory practice. He is head of the firm¿s Hedge Fund Advisory services group and a team leader of the firm¿s Technical Standards Committee. Mr. D'Cunha has over 13 years experience in the alternative investments industry, including working with some of the largest hedge funds globally on valuation, restructuring and M&A issues. Mr. D'Cunha has been actively involved in alternative and asset management industry related services since 1997 and has prepared, supervised, and consulted upon assignments to US and International private equity, venture capital and hedge funds, investment advisors, mutual funds and other entities. Mr. D'Cunha was previously an audit manager at Ernst & Young, LLP and PricewaterhouseCoopers, LLP with 8 years experience in the Investment Management industry group. Mr. D'Cunha holds a B.A. in Finance and Economics from University of Western Ontario and a Graduate Diploma in Accounting from McGill University. Mr. D'Cunha is a Chartered Accountant and a level III candidate in the Chartered Financial Analyst program. Mr. D'Cunha is a member of the following organizations: Canadian Institute of Chartered Accountants, CFA Society of Chicago, CFA Institute, Hedge Fund Association, New York Hedge Fund Roundtable, Association of Chartered Accountants in the United States, Association for Financial Professionals, Appraisal Issues Task Force, and American MENSA, Ltd.

    Norman B.Champ III

    Deputy Director, Office of Compliance, Inspections and Examinations
    U.S. Securities and Exchange Commission

    Norman B. Champ III is the Deputy Director of the Office of Compliance, Inspections and Examinations of the U.S. Securities and Exchange Commission. Prior to becoming Deputy Director, Mr. Champ was the Associate Regional Director for Examinations in the New York Regional Office of the Commission. Before joining the staff of the Commission in 2010, Mr. Champ was Executive Vice President and General Counsel of Chilton Investment Company, an investment adviser to long/short equity hedge funds and managed accounts headquartered in Stamford, Connecticut. He has been a panelist on investment management topics at programs by the Commission, the Practicing Law Institute, the New York City Bar Association and the International Bar Association. From 2006 to 2009 Mr. Champ was a member of the Board of Directors of the Managed Funds Association, an alternative investment industry trade group, and was the Chair of its Investor Protection Task Force. Mr. Champ is a Lecturer on Law at Harvard Law School where he teaches Private Fund Investment Management Law. Prior to joining Chilton in 1999, Mr. Champ was with the law firm of Davis Polk & Wardwell. From 1990 to 1992, Mr. Champ clerked for the Honorable Charles S. Haight, Jr. of the U.S. District Court for the Southern District of New York. Mr. Champ has an A.B. in History from Princeton University and a J.D. from Harvard Law School. He was a Fulbright Scholar at King¿s College London where he received his M.A. in War Studies.

    Thomas ABiolsi

    Associate Regional Director
    Securities and Exchange Commission

    Thomas A. Biolsi, Associate Regional Director (Investment Adviser/Investment Company Examination Program) since June 2006, Branch Chief and Staff Examiner in Investment Adviser Examination program (1979-1988). Prior to re-joining the Commission, was Managing Director of Regulatory Compliance Group at PricewaterhouseCoopers (1996-2006) and Compliance Director and Chief Compliance Officer for registered investment advisory business at Prudential Insurance Company (1988-1995). Education: Chapman College, B.A., 1978 United States Air Force (1975-1978).

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    Pricing Information

    Hedge Funds in the Current Environment 2009



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