San Francisco, California TUESDAY, NOVEMBER 5, 2013 (All times Pacific Standard Time)

Transcription

1 9:00 am 9:05 am Welcome and Introduction Presented by Richard M. Phillips Mr. Phillips concentrates his practice in securities regulation, particularly SEC enforcement, investment management and broker/ dealer matters. He previously held various positions on the SEC staff, including Assistant to the Chairman; Assistant General Counsel; and Staff Director of SEC Corporate Disclosure and Investment Company Studies. Contact him at or 9:05 am 9:30 am The Era of Regulation by Enforcement Presented by Mark D. Perlow and Richard M. Phillips The SEC's Increasing Enforcement Mindset The Activism of the Asset Management Unit OCIE as an Enforcement Unit Rule 38a-1 as an Enforcement Weapon Mr. Perlow s practice focuses on investment management and securities law. He regularly represents mutual funds, investment advisers, fund boards of directors, hedge funds and broker-dealers on a variety of regulatory and transactional matters. He served as senior counsel in the Office of the General Counsel of the Securities and Exchange Commission from and in the SEC s Division of Enforcement from He worked on regulatory initiatives on fund governance, the scope of the securities laws online, personal trading of investment personnel, and foreign custody of fund assets, and advised the SEC on enforcement actions involving mutual funds and investment advisers. Contact him at or mark.perlow@klgates.com. 9:30 am 10:30 am CCO Roundtable: Addressing the SEC's Hot Topics Moderated by Mark D. Perlow with Industry Speakers Conflicts of Interest Valuation Portfolio Management Advertising and Marketing 10:30 am 10:45 am Break

2 10:45 am 11:30 am ERISA Questions You Were Afraid to Ask But Better Safe than Sorry Presented by William P. Wade and Marc Mehrespand The 25% Test The Consequences of Fiduciary Status QPAM and Other Exemptions Compliance Considerations Mr. Mehrespand is a partner in the Washington, D.C. office. He represents investment advisers, banks, broker-dealers and other participants in the financial services industry in a practice that encompasses the major federal securities and commodities laws as well as general corporate law. In particular, Mr. Mehrespand regularly works with clients to form and operate U.S. and offshore private investment funds. He also registers newly-formed investment advisers, commodity pool operators, commodity trading advisors and investment companies. Contact him at or marc.mehrespand@klgates.com. Mr. Wade, a partner in the Los Angeles office, has assisted banks, trust companies, investment advisers, and other financial institutions in planning for and creating collective investment funds, proprietary mutual funds, and other investment management vehicles, products, and services for individual and institutional investors, including employee benefit plans subject to ERISA. He has also assisted these institutions in addressing legal problems arising under ERISA and other fiduciary laws and applicable banking regulations. Before entering private practice, Mr. Wade was inside counsel for a major bank for more than ten years, where his responsibilities included advising the bank s trust and investment management departments and affiliates. Contact him at or william.wade@klgates. com. 11:30 am 12:15 pm CPO/CTA Regulation: The CFTC is Here to Stay Presented by Marc Mehrespand and Industry Speaker The "Harmonization" of CFTC and SEC Rules Updates on Recent CFTC and NFA Guidance Living with CFTC/NFA Compliance 12:15 pm 1:15 pm Lunch 2

3 1:15 pm 2:45 pm CONCURRENT SESSIONS Separate Registered Fund and Hedge Fund and Private Fund Tracks (choose one Track) Concurrent Session 1:15 pm 2:45 pm Registered Fund Track Presented by Kurt J. Decko, Richard M. Phillips and Yusef Alexandrine Morgan Keegan and Northern Lights: What They Mean for Fund Directors and Managers Distribution and the SEC's Focus on Sub-Transfer Agents The Expanding World of ETFs, Including Actively Managed ETFs The State of Money Market Fund "Reform" Mr. Decko concentrates his practice in the investment management area. He represents and advises investment companies, investment advisers and investment company independent directors in connection with various regulatory, compliance and transactional matters. Prior to joining K&L Gates, Mr. Decko was an associate in the financial institutions and corporate and finance groups of a New York law firm dealing with the Investment Company Act of 1940, the Securities Act of 1933 and private equity matters. From he was a judicial law clerk for The Honorable Thomas J. Meskill of the U.S. Court of Appeals for the Second Circuit. Contact him at or kurt. decko@klgates.com. Mr. Alexandrine is an associate in K&L Gates San Francisco office and a member of the Investment Management practice group. He advises participants in the financial services industry, including investment advisers to hedge funds, private equity funds, and venture capital funds, registered open-end and closed-end funds, exchange traded funds and mutual funds, as well as mutual fund independent directors, investment banks and broker-dealers, on regulatory, transactional and counseling matters involving the securities and commodities laws. He also regularly provides advice with respect to exemptions, no-action letters, and other forms of regulatory relief. In addition, he advises clients on state blue sky issues, particularly California securities law regulatory issues. He may be reached at or yusef.alexandrine@klgates.com. 3

4 Concurrent Session 1:15 pm 2:45 pm Hedge Fund and Private Fund Track Presented by J. Matthew Mangan, Marc Mehrespand, Mark D. Perlow and Sonia Gioseffi The JOBS Act and the New General Solicitation Rules The Reg D Bad Actor Rules and Compliance Challenges Marketing and Sales Professionals and Broker-Dealer Status Issues Examination and Enforcement Focus Areas The Cross-Border Reach of AIFMD Mr. Mangan counsels investment advisers, private fund managers and broker-dealers on a variety of fund formation, product structuring, transactional, regulatory and compliance, and securities law matters. He structures and documents U.S. and offshore private investment funds and assists clients with a variety of state and federal regulatory and compliance issues. He also represents government plans and other institutional investors and represents individuals and entities on securities enforcement matters involving the SEC, FINRA and other regulatory authorities. He has substantial experience conducting internal investigations in matters relating to securities regulation and compliance. Contact him at or matt.mangan@klgates. com. Ms. Gioseffi is an associate in the San Francisco office and concentrates her practice in the investment management area, where she focuses on a variety of regulatory, transactional and counseling matters involving state and federal securities laws. She advises sponsors regarding the organization and regulatory requirements of private equity funds, venture capital funds, hedge funds and other private investment funds. She also represents institutional investors and public pension plans in connection with their investments in private investment funds. Contact her at or sonia.gioseffi@klgates.com. END OF CONCURRENT SESSIONS 2:45 pm 3:00 pm Break 4

5 3:00 pm 3:45 pm Derivatives Reform in 2013: The New Regime Settles In Presented by Juan Arciniegas and Industry Speaker CFTC and SEC Cross-Border Guidance Getting Ready for Central Clearing Legal Documentation Trade Processing and Operational Issues Collateral and Risk Mitigation Regulatory Reform and What to Expect Next Juan Arciniegas is a counsel in the firm s New York and Orange County offices. Mr. Arciniegas works primarily as a derivatives lawyer and has substantial experience in derivatives and commodities trading documentation, including documentation relevant to futures, prime brokerage, OTC clearing, securities lending, and repurchase transactions. In that regard, Mr. Arciniegas advises on a range of substantive rules and regulations related to derivatives reform and regularly participates in industry initiatives in the development of standards in the OTC and cleared derivatives markets. Contact him at , or juan.arciniegas@klgates.com. 3:45 pm 4:00 pm Break 4:00 pm 5:00 pm Regulatory Regime Change? Views from the Industry Moderated by Richard M. Phillips with Industry Speakers 5