Boston, Massachusetts
WEDNESDAY, NOVEMBER 17, 2010
(All times Eastern Standard Time)
ADVANCED TOPICS IN INVESTMENT MANAGEMENT
9:00 am – 12:00 pm CONCURRENT SESSIONS
9:00 am – 9:05 am
WELCOME AND INTRODUCTION
Presented by: Michael S. Caccese
Mr. Caccese is one of three Practice Area Leaders of K&L Gates’ Financial
Services practice, which includes the firm’s Investment Management and Broker
Dealer practice groups, and sits on the firm’s Management Committee. Mr.
Caccese focuses his practice in the areas of investment management, including
mutual funds, closed-end funds, registered fund of hedge funds, hedge funds and
separately managed accounts, in addition to advising on investment management
and broker-dealer regulatory compliance. Mr. Caccese also advises on structuring
investment management professional team “lift-outs” and “placement”, “soft
dollar” compliance, investment performance, the Global Investment Performance
Standards (“GIPS”), AIMR Performance Presentation Standards (“AIMR-PPS”),
and the CFA Soft Dollar Standards and the Trade Management (Best Execution)
Guidelines, along with other investment management industry standards of
practice. His focus is on serving the needs of investment advisory firms of all
sizes, including helping them design and comply with the investment industry’s
“best practices” and policies, under GIPS, AIMR-PPS and Soft Dollar Standards.
He may be reached at 617.261.3133 or michael.caccese@klgates.com..
9:05 am – 10:30 am
U.S. REGULATORY REFORMS IMPACT ON INVESTMENT MANAGEMENT INDUSTRY
Panel: Stuart E. Fross, Nicholas S. Hodge, Rebecca O’Brien Radford and George Zornada
Mr. Fross is a partner in K&L Gates’ Boston office where he concentrates his
practice on securities as part of the Investment Management Practice Group. He
is involved in all aspects of fund management for both domestic and international
funds, including formation of new funds, strategic planning and contract matters,
with particular focus on securities regulatory compliance. Mr. Fross assists
clients with fund management operations, fund formation and fund distribution
with respect to US registered open-end funds, US registered closed end funds,
US exchange traded funds, bank collective investment funds, Canadian 81-102
Funds, UCITS funds sold in the European Union, the US, South America, Japan,
Taiwan and Hong Kong, as well as private funds, organized in the US and
offshore. He has extensive experience in equity, high-income and fixed income
trading operations, as well as development of Exchange Traded Funds. He may
be reached at 617.261.3135 or stuart.fross@klgates.com.
Mr. Hodge is a partner in the Boston office and concentrates his practice in
securities law with a focus on investment management, hedge funds, real
estate investment trusts and partnerships, timber funds, complex partnership
reorganizations, tender offers, and mergers and acquisitions. He has extensive
experience in public and private offerings of securities, SEC and FINRA
regulatory requirements, and Investment Company and Investment Advisers
Act compliance. Mr. Hodge represents numerous domestic and offshore hedge
funds, ranging from startup funds to major fund complexes. He may be reached
at 617.261.3210 or nicholas.hodge@klgates.com.
Boston, Massachusetts
WEDNESDAY, NOVEMBER 17, 2010
(All times Eastern Standard Time)
Ms. Radford is a partner in the Boston office and focuses her practice on
investment management and securities law. She counsels investment companies
and hedge funds on fund formation, legal, regulatory and compliance issues,
including mergers, acquisitions, reorganizations and proxy statements. Ms.
Radford also advises clients dealing in futures contracts and options on futures
contracts on applicable provisions of CFTC and NFA regulations. She may be
reached at 617.261.3244 or rebecca.radford@klgates.com.
Mr. Zornada practices investment management and securities law. He
regularly represents investment advisers, open- and closed-end investment
companies and their boards of directors, and private investment entities such
as hedge funds and funds of funds. His practice includes a broad spectrum
of regulatory and transactional matters for investment advisers, investment
companies, boards of directors, onshore and offshore hedge funds and
funds of funds and their managers. He may be reached at: 617.261.3231 or
george.zornada@klgates.com.
10:30 am – 10:45 am
BREAK
10:45 am – 11:30 am
PAY-TO-PLAY RULES; CUSTODY RULE AND JONES V. HARRIS
Presented by: Michael S. Caccese, Clair E. Pagnano and George Zornada
Ms. Pagnano is a partner in the Boston office and concentrates her practice in
the investment management area. She has experience representing open and
closed-end investment companies and their boards of directors. Ms. Pagnano
advises mutual fund complexes on regulatory and compliance matters including
registration, proxy issues, mergers and reorganizations. She has advised registered
investment companies on exemptive applications and no-action letter requests to
the SEC. Ms. Pagnano also has experience with Sarbanes-Oxley Act requirements
for registered investment companies. She may be reached at 617.261.3246 or
clair.pagnano@klgates.com.
11:30 AM – 12:00 PM ERISA DEVELOPMENTS
Presented by: Mark J. Duggan
Mr. Duggan is of counsel in the Boston office and focuses his practice on
investment management and collective fund issues, including those faced by
banks and trust companies and registered advisers. He has experience with
advisory and other regulatory issues relating to separate accounts, bank-sponsored
mutual funds, bank commingled ERISA funds, common trust funds and other
collective funds, including formation, participant eligibility determinations,
contract negotiations, security selection and new product development. In
addition, he also advises clients with respect to regulatory investigations and
examinations involving regulators such as the SEC, the DOL, the Federal Reserve
and state regulators. He may be reached at 617.261.3156 or mark.duggan@
klgates.com.
12:00 pm – 1:00 pm
LUNCH BREAK
Boston, Massachusetts
WEDNESDAY, NOVEMBER 17, 2010
(All times Eastern Standard Time)
1:00 pm – 4:00 pm BREAK-OUT SESSIONS
Registered Fund Track/Private Fund Track
(choose one Track)
Registered Fund Track
1:00 pm – 1:45 pm
MONEY MARKET FUND COMPLIANCE
Presented by: George P. Attisano and Mark P. Goshko
Mr. Attisano is counsel in the firm’s Boston office. He focuses his practice
on various issues and matters under the Investment Company Act and the
Investment Advisers Act. Mr. Attisano has extensive experience with a wide
variety of SEC filings, including registration statements, proxies and shareholder
reports. He has counseled open-end and closed-end fund boards on a variety of
legal issues. He also has counseled funds and investment advisers on developing
new products and in connection with SEC staff examinations, preparing
responses to SEC inquiries and addressing issues raised in SEC staff deficiency
letters. He may be reached at 617.261.3240 or george.attisano@klgates.com.
Mr. Goshko is a partner in K&L Gates’ Boston office. He focuses his practice
on investment management law, including the representation of registered
open- and closed-end investment companies, investment company directors,
unregistered hedge funds and other private investment vehicles, investment
advisers, broker-dealers and banks. He deals regularly with the SEC, the FINRA,
the Commodity Futures Trading Commission, the National Futures Association,
the New York Stock Exchange and other regulatory agencies and organizations.
Mr. Goshko counsels hedge funds and their advisers on a broad range of issues
and has extensive experience working with both onshore and offshore hedge
funds, as well as a variety of master-feeder funds and funds of funds. He may be
reached at 617.261.3163 or mark.goshko@klgates.com.
1:45 pm – 2:15 pm
RULE 12B-1 REFORMS
2:15 pm – 2:45 pm
DERIVATIVES
Presented by: Michael S. Caccese and Stuart E. Fross
Presented by: Gordon F. Peery
Mr. Peery is Of Counsel in the Boston office and his practice focuses exclusively
on derivatives. He represents a wide range of clients in the firm’s Investment
Management, Derivatives and Structured Products practice groups. Mr.
Peery regularly handles matters involving Derivatives Counterparty Risk and
Counterparty Insolvency Representation, Prime Brokerage, Securities Lending,
Repos and Related Derivatives Documentation, Fund Crisis Management
and Valuation Issues, Washington D.C. Derivatives and Structured Finance
Representation, Total Return Swaps, Interest Rate Swaps, Credit Default Swaps,
Equity Derivatives, Energy Derivatives, and Property Derivatives. He has also
represented clients in the structuring and documentation of various funds that
have focused exclusively or substantially on real estate investments. He may
be reached at 949.623-3535 or gordon.peery@klgates.com.
Boston, Massachusetts
WEDNESDAY, NOVEMBER 17, 2010
(All times Eastern Standard Time)
BREAK
3:00 pm – 3:30 pm
SECTION 18 INVESTMENT COMPANY LEVERAGE ISSUES
3:30 pm – 4:00 pm
SPECIAL ISSUES FOR CLOSED-END FUNDS
2:45 pm – 3:00 pm
Presented by: Clair E. Pagnano
Presented by: Mark P. Goshko and Steven P. Wright
Mr. Wright is a partner in the Boston office of K&L Gates and has a broadbased commercial litigation practice, including representation of public and
private companies, broker-dealers, investment companies and their advisers, and
individuals in securities and insurance coverage matters. Mr. Wright has been
actively involved in the trial and management of cases in federal and state courts
in Massachusetts, New York, Maine, Rhode Island, New Hampshire, Illinois and
a variety of other jurisdictions around the country. In addition, Mr. Wright has
extensive experience representing corporate and individual clients in arbitration,
mediation and other alternative dispute resolution settings. He may be reached
at 617.261.3164 or steven.wright@klgates.com.
4:00 pm – 4:15 pm
BREAK
Private Fund Track
1:00 pm – 1:45 pm
Presented by: Nicholas S. Hodge
1:45 pm – 2:15 pm
FORM ADV PART II REFORMS
2:15 pm – 3:15 pm
SEC INSPECTIONS/FOCUS POINTS
(CONFLICTS OF INTEREST, VALUATION, SIDE LETTERS)
Presented by: Rebecca O’Brien Radford
Presented by: Michael S. Caccese and Nicholas S. Hodge
3:15 pm – 3:30 pm
BREAK
3:30 pm – 4:10 pm
DERIVATIVES AND PRIME BROKERAGE ISSUES
4:15 pm – 5:00 pm CONCURRENT SESSION
PRIVATE FUND INDUSTRY AND REGULATORY DEVELOPMENTS
(NEW FOCUS, NEW PRODUCTS)
Presented by: Nicholas S. Hodge and Gordon F. Peery
INTERNATIONAL INVESTING ISSUES
Presented by: Stuart E. Fross and Rebecca O’Brien Radford