September 26, Sponsored By: 8:50 am - 9:00 am Welcome and Opening Remarks by Conference Chair

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "September 26, Sponsored By: 8:50 am - 9:00 am Welcome and Opening Remarks by Conference Chair"

Transcription

1 September 26, :00 am - 8:50 am Registration & Breakfast hosted by Crystal & Company Sponsored By: 8:50 am - 9:00 am Welcome and Opening Remarks by Conference Chair 9:00 am - 10:00 am Navigating the Crypto World: How to Avoid the Legal & Compliance Pitfalls Moderator: Gabriel Hidalgo, Managing Partner, K2 Intelligence Speaker: Cynthia Marian, General Counsel, Paragon Advisors Corp Speaker: Jennifer B. McHugh, Senior Special Counsel, Division of Investment Management, U.S. Securities and Exchange Commission Speaker: Alejandra de Urioste, Trial Attorney, U.S. Commodity Futures Trading Commission As investment in cryptocurrencies by hedge fund managers begins to rise in popularity, there continue to be many unknowns for managers looking to invest in this space and those already involved. The SEC has announced its focus on and made clear its healthy skepticism of ICOs and the digital assets space more broadly, so an understanding of and compliance with all potentially applicable laws is critical, especially as there are uncertainties surrounding currency classification, custody and both managerial and investor expectations.

2 As not all cryptocurrencies are valued equally, what methods can be utilized to value your cryptocurrency of choice? Securities, Cash, or Commodities How are Cryptocurrencies classified? Clarifying the custody process to help determine which measures are put in place while in your custody With various regulators involved, which regulator will your hedge fund manager register to and what are the requirements? Undisclosed instruments: How is consent gained? 10:00 am - 11:00 am Exploring the Surge in Shareholder Litigation: Institutional Investor Engagement & Best Practices to Deal with These Cases Speaker: Darren J. Check, Partner & Director of Institutional Relations, Kessler Topaz Meltzer & Check, LLP The landscape of shareholder litigation is changing rapidly. High profile scandals at companies like ARCP, Volkswagen, Toshiba, Royal Bank of Scotland and now throughout the pharmaceutical industry, have led institutional investors to seek compensation in a growing number of jurisdictions. With real money at stake and billions of dollars in settlements on the table, all institutional investors are faced with a reality that they must better understand, evaluate, and determine when it makes sense to participate in these cases and in what way. Exploring the increase in shareholder litigation cases and the jurisdictions involved With fiduciary obligations unclear, how do hedge funds and other institutional investors navigate this space? How fiduciary obligations can be used to guide a protective client approach Which policies and service providers can be in put place to protect themselves and their clients? 11:00 am - 11:30 am Networking Break 11:30 am - 12:30 pm The Ethics Big Data and Web Scraping: What is Acceptable in 2018? Moderator: Douglas Rappaport, Partner, Akin Gump Strauss Hauer & Feld LLP Speaker: Matthew Bloom, Chief Compliance Officer & Associate General Counsel, Viking Global Investors

3 Speaker: David Glockner, Chief Compliance Officer, Citadel LLC Speaker: Michael Barry, General Counsel & Chief Compliance Officer, Samlyn Capital Hedge fund managers are continuously looking to harness alternative data to help make important investment decisions. However with so much data involved, there are insider trading risks and data privacy/internet laws which need to be considered. With little guidance as to how to navigate this space, what best practices should be implemented? Considering the ethical and practical issues of using web scraped data Utilizing vendor questionnaires to help identify the source of the data and how/what they are doing with the data Incorporating provisions to ensure your data avoids insider trading risks and meets the misappropriation framework Exploring recommended methods to help mitigate privacy risks involved in obtaining satellite imagery data 12:30 pm - 1:30 pm Luncheon 1:30 pm - 2:30 pm Protecting The Firm and Its People: Addressing Insurance and Indemnification Challenges for Hedge Funds Moderator: Stephen A. Weisbrod, Partner, Weisbrod Matteis & Copley PLLC Speaker: Michael Schwenk, General Counsel & Chief Compliance Officer, NWI Management LP Speaker: Lance Friedler, General Counsel and Chief Compliance Officer, Phoenix Investment Adviser LLC Because hedge fund managers often find themselves in the cross-hairs of class action firms and government regulators, and constantly face the threat of cyber-attacks and other business disrupting events, insurance policies and indemnification agreements are critically important to a firm s risk management strategy. How are insurance policies and Indemnification agreements protecting your firm and its directors and officers? Insurance coverages and indemnification rights that initially appear sufficient can later turn out to be inadequate when a problem strikes. What insurance and indemnification rights should be available to your organization and your people, and how can you vindicate your rights to payment? Considering the structure of your firm and how individuals wearing multiple hats may affect insurance and indemnification obligations Analyzing and revising draft policy terms to prevent insurers from shifting risk back on to you Avoiding massive uninsured losses due to government investigations Insuring against cyber-attacks, thefts and other first party losses

4 Dealing with insurers who breach their policies 2:30 pm - 3:30 pm Post GDPR: Evaluating Implementation Processes and Considering Lessons Learned - CLOSED TO PRESS Moderator: Michael S. Emanuel, Partner, Stroock & Stroock & Lavan LLP Speaker: Suzan Rose, Chief Compliance Officer, Marshall Wace North America L.P. Speaker: Tom Lloyd, General Counsel, Campbell & Company, LP As of May 2018 the EU GDPR regulation will be in full effect and hedge funds will have had to obtain, process and securely protect any data from the EU. Whether it is meeting data subject rights or adding protocols for the 72 hour breach notification, the GDPR regulation has many requirements but which methods did your organization implement? Gap Analysis: Do you have everything in place to comply with the GDPR? Partnering with 3rd party vendors to review and alter existing contracts Authorizing access, Erasing and Restricting How can data subject rights be met effectively? Defining Consent: What is considered consent at your organization? Lessons Learned: What would you differently and how? 3:30 pm - 4:00 pm Networking Break 4:00 pm Roundtables 4:00pm - 5:00pm Roundtable 1: Assessing Roundtable 2: Current SEC Enforcement PrioritiesTrends and Predicted Moderator: Erik Groothuis, Developments for Cayman Partner, Schlam Stone & and Other Offshore Funds Dolan LLP Moderator: Gary Smith, This session will analyze the SEC enforcement landscape under the Trump administration and the five core principles to be implemented by the Roundtable 3: Optimizing Compliance & Fiduciary Responsibility Moderator: Mike Lange, Securities Litigation Counsel, Partner, Loeb Smith Attorneys Financial Recovery Technologies This session will provide an overview of Offshore Funds Structures and recent This session will focus on: The developments in AML Fractured Global Recovery compliance, beneficial Landscape Securities ownership reporting, as well Litigation Trends US & Roundtable 4: The Role Due Diligence Can Play in Investments and Reputational Issues Moderator: David A. Holley, Executive Vice President, Americas, K2 Intelligence Moderator: Adam Frey, Managing Director, K2 Intelligence Investments and reputational issues all need critical Roundtable 5: Retain and Attract Capital by Offering Tax Alpha with an Insurance Dedicated Funds Moderator: Jeffrey Bortnick, Partner, Kleinberg, Kaplan, Wolff & Cohen, P.C. Moderator: Maurice Collada, Associate, Kleinberg, Kaplan, Wolff & Cohen, P.C. This session will introduce

5 administration. Principle 1 : Focus on Main Street Investor Principle 2: Focus on Individual Accountability Principle 3: Keep Pace with Technological Advancement Principle 4: Impose Sanctions That Mostly Effectively Further Enforcement Goals Principle 5: Constantly Assess the Allocation of Resources 5:00 pm - 6:00 pm Networking Cocktail Reception as the impact of GDPR on offshore funds. Additionally, this roundtable will discuss new enforcement powers from the CIMA and the duties expected of offshore fund directors. Abroad Antitrust Trends Anticipating Recovery Dollars Private Funds & Litigation Finance information that sheds light and enables a more informed decision on both value and the associated risk. We will discuss the challenges and provide practical advice and strategies to help with this. investing in hedge funds through private placement life insurance and variable annuities, including large tax benefits of investing through such insurance products. It will also provide an overview of the key aspects of structuring an IDF, including diversification and investor control considerations September 27, 2018 Sponsored by: 8:00 am - 8:40 am Registration & Breakfast 8:40 am - 8:45 am Welcome Back from Conference Chair 8:45 am - 9:45 am Shedding Light onto Examination Expectations & Trends for CLOSED TO PRESS Moderator: Sam Lieberman, Partner, Sadis Goldberg, LLP Speaker: Karen L. Shapiro, Chief Compliance Officer, ZAIS Group, LLC Speaker: Mimi Gross, General Counsel, Clough Capital Partners LP Speaker: William Delmage, Assistant Regional Director, US Securities and Exchange Commission Speaker: Mark Schein, Chief Compliance Officer & Managing Director, York Capital Management 2018 has seen an increase in the number of examinations taking place but what can we anticipate the SEC s expectations will be in 2018? As the SEC under Chairman Clayton looks to focus more on topic specific exams, which protocols will your organization introduce to minimize risks and handle a routine examination? An outlook into examination trends for 2018 How are examinations being carried out and who are they prioritizing?

6 Preparing for Topic Specific Examinations: Cyber Security, compliance and risks in critical market infrastructure and Senior investors/retirees Identifying the correct risk controls and processes to provide comprehensive compliance program Tricks of the Trade: Highlighting tips to hold your organization in a better light in front of the examiners and ensure you are fully compliant 9:45 am - 10:45 am Hedge Fund Innovation The Growing Role of AI & Machine Learning - CLOSED TO PRESS Moderator: Michael Saarinen, Partner, Alston & Bird Speaker: Brian Meyer, General Counsel, Fir Tree Partners Speaker: Michael Neus, General Counsel and Chief Compliance Officer, ExodusPoint Capital Management LP Hedge fund managers are consistently looking to new technologies to drive new efficiencies or compliance improvements. As pressure on hedge fund managers mounts higher, the need to be competitive and performing will see hedge funds turn to AI and machine learning as an effective tool for data gathering and identifying behavioral investment. What does hedge fund innovation mean to you and your organization? Optimizing Investment: How can Artificial Intelligence support hedge funds? Considering the compliance and risk issues that can arise from the use of AI & machine learning Industry ready: Is the hedge fund industry ready for AI or is too soon? 10:45 am - 11:15 am Networking Break 11:15 am - 12:15 pm Identifying Alternative Fund Structures amid the Growing Pressure to Align Manager and Investor Interests - CLOSED TO PRESS Moderator: Udi Grofman, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP Speaker: Megan Vesely, General Counsel and Corporate Secretary, Sigma Analysis & Management Ltd. Speaker: Solomon Kuckelman, General Counsel, Americas, Man Group Speaker: Matthew B. Siano, Esq., Managing Director & General Counsel, Two Sigma Investments, LP et. al. Speaker: Christopher Mendez, General Counsel and Chief Compliance Officer, Semper Capital Management, LP

7 Hedge funds are actively pursuing the ideal fee structure which best fits their fund. However, as investors continue add pressure on to hedge fund managers, the reality is that any agreed fee structure will most likely be dictated by investors. With the traditional 2 and 20 model now rarely used fee structures will continue to evolve and become more bespoke. Exploring current trends in fee structures to help identify average management fees Examining the shift in power, investors are dictating the fee structures and specific terms but what does this mean for hedge funds? As key performance indicators and claw back clauses become more frequent, how will this shape future fund? 12:15 pm - 1:00 pm Luncheon 1:00 pm - 2:00 pm Securing Your Data: Third Party Screening & Verification Moderator: Ronald Del Sesto Jr, Partner, Morgan, Lewis & Bockius LLP Speaker: Eliott Frank, Partner, Sadis & Goldberg, LLP Speaker: Andrew Nathanson, Chief Compliance Officer & Legal Counsel, Suvretta Capital Management, LLC Speaker: Alexander Rakitin, Chief Compliance Officer, Perceptive Advisors As data breaches and cyber-attacks continue to be prevalent across many industries, protecting your infrastructure against a cyberattack remains a high priority for all hedge funds. A key part of any data protection plan includes third party verification but what processes and factors need to be considered during screening? Highlighting the importance of sharing a secure and protected company ethos with your providers Implementing KPI s to ensure your 3rd party providers are safeguarding both organizations against a breach Carrying out rigorous stress testing to help expose your partner s risks and vulnerabilities Considering the role of cyber insurance as an effective protection tool between 3rd parties 2:00 pm - 3:00 pm The New Era of Corporate Citizenship & Governance: Revamping Internal Policies to Protect the Firm Moderator: Brian Daly, Partner, Schulte Roth & Zabel LLP Speaker: Irshad Karim, General Counsel and Chief Compliance Officer, Lion Point Capital Speaker: Cynthia Aragon, Chief Compliance Officer, Artivest

8 Powered by TCPDF ( Speaker: Robert Mendelson, Chief Compliance Officer & Chief Regulatory Counsel, Och-Ziff Capital Management Group Speaker: Jonathan Feiler, General Counsel and Chief Compliance Officer, Arosa Capital Management LP In light of the recent scrutiny towards work place ethics, employers are beginning to appreciate both the transparency and training employees expect and in some cases need. As corporate governance has increased in priority, managers are facing new pressures to re-evaluate existing policies and practices, and develop certain new ones around various HR matters, including diversity, acceptable behavior in the workplace and compensation metrics, and to document and respond to questions and issues through a more litigation- ready lens. Exploring the key pillars of a comprehensive corporate governance program Should firms weigh in on the topic of romantic relationships between employees, and if so, how? Understanding the importance of gender equality and training your C-suite to introduce safeguards against gender bias Considering ways to implement new processes that include awareness of unconscious bias into your current HR Function