Chicago, Illinois TUESDAY, OCTOBER 7, 2014 (All times Central Daylight Time)

Transcription

1 8:30 am 8:45 am Welcome and Overview of the Program Presented by: Alan Goldberg Mr. Goldberg s practice focuses on representing registered investment companies and their boards, investment advisers and sponsors to unregistered investment pools. Mr. Goldberg has experience handling all aspects of creating registered investment companies, and registering new investment advisers, including the establishment of compliance policies and procedures. He regularly prepares regulatory filings and applications on behalf of investment companies and investment advisers and has performed numerous comprehensive compliance reviews of investment advisers and investment companies. He routinely handles all aspects of investment adviser and fund merger transactions and all aspects of forming unregistered investment funds, including those that rely upon Section 3(c)(11) of the Investment Company Act. Mr. Goldberg is a frequent speaker on a variety of investment advisory, investment company and compliance topics. You may reach him at or alan.goldberg@klgates.com. 8:45 am 9:30 am Money Market Fund Reform Presented by: Rita Rubin and Matthew F. Cohen Ms. Rubin concentrates her practice in the investment management area, focusing on the representation of open-end and closed-end investment companies, investment company boards of directors, investment advisers and service providers in governance, regulatory and transactional matters. She has extensive experience in advising closed-end investment companies on issues relating to activist shareholders, proxy solicitations, tender offers, rights offerings, stock splits, stock exchange requirements and other regulatory matters. Ms. Rubin has worked with investment companies and their advisers on a range of matters including the formation, maintenance, reorganization and termination of open-end and closed-end investment companies, requests for no-action relief, exemptive applications and regulatory inspections and examinations. You may reach her at or rita.rubin@klgates.com. Mr. Cohen advises commodity pools, mutual funds, closed-end funds and exchange-traded funds (ETFs) and their independent board members on transactional matters and regulatory issues arising under the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, the Commodity Exchange Act of 1936, stock exchange rules and related regulations. You may reach him at or matt.cohen@klgates.com. 9:30 am 9:45 am Break 1 1

2 9:45 am 10:45 am Developments for Mutual Funds Presented by: Paul Dykstra, Paulita Pike and Matthew D. Maxwell Recent SEC Guidance Cyber-security Focus of Current SEC Sweep Exams Alternative Investment Products Financial Intermediaries Securities Lending Mr. Dykstra represents mutual funds or their boards throughout the country. He also counsels independent fund directors involved in corporate reorganizations and internal or SEC investigations. He is an adjunct professor at Northwestern University School of Law where he teaches a course, along with Paulita Pike, on mutual fund regulation. Mr. Dykstra and Paulita Pike were named Independent Counsel of the Year by Fund Directions in 2008 and Mr. Dykstra is a co-author of the Fund Director s Guidebook which is published by the American Bar Association. You may reach him at or paul.dykstra@klgates.com. Ms. Pike represents mutual funds and their boards as well as investment advisers and fund service providers throughout the country. Ms. Pike advises her clients on a broad range of issues including governance structures and practices, compliance issues, D&O/E&O matters, communications with the press, self-evaluations and industry best practices, fund service provider contracts and filings with the Securities and Exchange Commission, fund mergers and managerof-managers arrangements, regulatory investigations and inquiries, and matters arising from the Investment Company Act of 1940 and the Investment Advisers Act of She is an adjunct professor at Northwestern University School of Law where she teaches a course, along with Paul Dykstra, on mutual fund regulation. Ms. Pike and Paul Dykstra were named Independent Counsel of the Year by Fund Directions in 2008 and You may reach her at or paulita.pike@klgates.com. Mr. Maxwell focuses his practice on registered investment companies and their independent board members. He has experience representing open- and closed-end funds, exchange-traded funds (ETFs), unit investment trusts (UITs) and variable products on matters arising under U.S. federal securities laws, particularly the Investment Company Act of You may reach him at or matt.maxwell@klgates.com. 10:45 am 11:00 am Break 2 2

3 11:00 am Noon Closed-End Fund Developments Presented by: David Glatz and Eric Lehmann Mr. Glatz concentrates his practice in corporate and investment management matters. As counsel to registered investment companies on securities law and regulatory matters, he advises clients on issues arising under the federal securities laws, including the Securities Act of 1933, the Securities Exchange Act of 1934 and the Investment Company Act of 1940, stock exchange rules and other regulatory issues. Mr. Glatz also has extensive experience working with acquirers and sellers in negotiated merger, asset and stock transactions, including public company acquisitions, private deals and divisional carve-outs. You may reach him at or Mr. Lehmann focuses his practice on representing registered investment companies, including mutual funds, closed-end funds and exchange-traded funds, their independent board members, and registered investment advisers. Mr. Lehmann advises his clients on a broad range of regulatory, compliance and transactional matters that arise under U.S. federal securities laws, particularly the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, stock exchange rules and related regulations. You may reach him at or eric.lehmann@klgates.com. Noon 1:00 pm Lunch 3 3

4 1:00 pm 2:15 pm Barbarians at the Gartenberg Gates: A Report from the Front Presented by: John W. Rotunno, Stephen J. O Neil, Paul J. Walsen and Molly K. McGinley Mr. Rotunno is one of four global Practice Area Leaders for the firm s Litigation and Dispute Resolution Practice Area. Throughout his 38 years in practice in state and federal courts across the country, Mr. Rotunno has concentrated in complex litigation, focusing on securities, investment company and derivative actions. He is a member of the firm s Securities and Transactional Litigation Practice Group and an associate member of the firm s Investment Management Practice Group. Mr. Rotunno has led the defense of lawsuits brought against investment advisers, investment companies and independent directors and trustees in securities fraud, breach of fiduciary duty and Section 36(b) litigation. He has addressed professional organizations, served as a panelist and as a featured speaker at investment management industry conferences, and participated in forums on a range of subjects, including federal securities litigation, litigation under the Investment Company Act of 1940, the responsibilities of independent trustees and directors of investment companies, the attorney-client privilege, and accountant s liability. You may reach him at or john.rotunno@klgates.com. Mr. O Neil is a partner in the Chicago office, a co-practice group coordinator of the firm s Commercial Disputes Practice Group, and a member of the Securities and Transactional Litigation Practice Group. Mr. O Neil is an experienced trial lawyer with extensive jury and bench trial experience in federal and state courts, as well as significant arbitration trial experience in dozens of high-stakes arbitrations. He also has served as lead or co-lead counsel in major securities and investment company litigation. In the area of securities and fiduciary duty litigation, Mr. O Neil has represented investment advisers, issuers, collateral managers, officers, directors and trustees. He has litigated securities claims arising out of investment advisory fees, public securities filings and M&A transactions. You may reach him at or stephen.oneil@klgates.com. Mr. Walsen is a partner in the Chicago office and a member of the firm s Securities and Transactional Litigation Practice Group. Mr. Walsen focuses his practice on complex and multi-district litigation, including securities and shareholder derivative litigation and class action defense. Mr. Walsen s experience in investment company litigation includes the representation of investment advisers, investment companies, and independent directors. In addition, he has advised investment advisers and independent mutual fund directors in investigations conducted by the SEC. Mr. Walsen, who has an M.B.A. in addition to a law degree, has taken the lead in defending profitability calculations of investment advisers in Section 36(b) litigation, including working closely with profitability and cost accounting experts. You may reach him at or paul.walsen@klgates.com. 4 4

5 Ms. McGinley is a partner in the Chicago office who concentrates her practice on complex commercial disputes, including securities, class action, and investment management litigation. She is a member of the firm s Securities and Transactional Litigation Practice Group. Her investment management litigation experience includes the defense of investment advisers in Section 36(b) litigation and the representation of independent trustees in derivative and class action lawsuits purporting to assert breach of fiduciary duty claims. You may reach her at or molly.mcginley@klgates.com. 2:15 pm 3:15 pm Commodity/Hedge Fund Developments Presented by: Carolyn A. Jayne and Ruth E. Delaney Ms. Jayne advises a variety of participants in the financial markets, including investment advisers, investment companies, broker-dealers, commodity pool operators and commodity trading advisors. She advises her clients on a broad range of regulatory and compliance issues in connection with the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Securities Act of 1933, the Commodity Exchange Act, various state securities laws, and regulations of the Financial Industry Regulatory Authority, the Commodity Futures Trading Commission and the National Futures Association. She routinely handles all aspects of forming unregistered investment funds and registering new investment advisers, including establishing compliance policies and procedures. She also has experience performing compliance reviews of investment advisers. You may reach her at or carolyn.jayne@klgates.com. Ms. Delaney is an associate in the firm s Los Angeles office. She focuses her practice on advising domestic and offshore private fund advisers on organizational, regulatory, and compliance issues. She also assists clients with structuring private funds to comply with ERISA or to avoid plan asset status and also assists institutional clients with collective investment fund matters. You may reach her at or ruth.delaney@klgates.com. 3:15 pm 3:30 pm Break 5 5

6 3:30 pm 4:00 pm Investment Adviser Issues and Update Presented by: Alan Goldberg and Mark R. Greer Mr. Greer concentrates his practice on representing registered investment companies, their independent board members, and registered investment advisers on a broad range of regulatory and compliance matters that arise under U.S. federal securities laws, particularly the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, the Commodity Exchange Act, and their related rules and regulations. You may reach him at or mark.greer@klgates.com. 4:00 pm 4:30 pm Hot Topics/SEC Exam Trends Presented by: Alan Goldberg and Anita Gut Ms. Gut is an associate in the firm s Chicago office. She concentrates her practice on representing registered investment companies and mutual funds boards of directors. She assists these clients to comply with the Investment Company Act of 1940, the Investment Advisers Act of 1940 and related rules and regulations. You may reach her at or anita.gut@klgates.com. 6 6