San Francisco, California WEDNESDAY, NOVEMBER 12, 2014 (All times Pacific Standard Time)

Transcription

1 9:00 am 9:05 am Welcome and Introduction Presented by Mark D. Perlow and 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. You may reach him at or Mr. Perlow s practice focuses on investment management and securities law. He regularly represents investment advisers, mutual funds, 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. You may reach him at or mark.perlow@ 9:05 am 9:45 am SEC Enforcement: Broken Windows or Smoke and Mirrors? Presented by Mark D. Perlow and Richard M. Phillips The Increased Volume of Investment Management Cases More Sanctions, More Individuals Named The Whistleblower Program: Many Claims, Few Cases Admissions in Settlements: Much Ado About Little? Cooperation Credit: Where is the Credit? 9:45 am 10:45 am CCO Roundtable: The National Examination Program in Action Moderated by Mark D. Perlow with Industry Speakers Alternative Mutual Funds: Issues and Answers Social Media and Testimonials: New SEC Guidance Fixed Income Issues: Valuation, Best Execution, and Affiliated Transactions The Focus on Servicing Payments to Distributors 10:45 am 11:00 am Break

2 11:00 am 11:45 am ERISA Questions and Answers for Investment Managers Presented by William P. Wade, Marc Mehrespand and Ruth Delaney The Consequences of Fiduciary Status QPAM and Other Exemptions Compliance Considerations Investment Considerations 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. You may reach him at or william.wade@ 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. You may reach him at or marc.mehrespand@ 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@ 2

3 11:45 am 12:30 pm The CFTC After the Gensler Era Presented by Marc Mehrespand, Juan Arciniegas and Industry Speaker CPO/CTA Developments Central Clearing SEFs: The First Year Mr Arciniegas is a counsel in the firm s San Francisco office. 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. 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. You may reach him at or juan.arciniegas@ 12:30 pm 1:30 pm Lunch 1:30 pm 2:45 pm CONCURRENT SESSIONS Separate Registered Fund and Hedge Fund and Private Fund Tracks (choose one Track) Concurrent Session 1:30 pm 2:45 pm Registered Fund Track Presented by Mark D. Perlow, Richard M. Phillips and Industry Speaker The Large Asset Manager Program and Systemic Risk Regulation The New Money Market Fund Rules The Proxy Adviser Guidance Concurrent Session 1:30 pm 2:45 pm Hedge Fund and Private Fund Track Presented by J. Matthew Mangan, Marc Mehrespand, Richard Guidice, Jr., and Sonia Gioseffi Presence Examinations: Status and Lessons Examination and Enforcement Focus Areas: Marketing, Expense Allocation and Other Conflicts International Aspects of Fund Management Developments in Fund Terms 3

4 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. You may reach him at or matt.mangan@ 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. You may reach her at or sonia.gioseffi@ Mr. Guidice, a partner in the New York and Seattle offices, concentrates his practice in the investment management and securities areas, with a particular emphasis on private fund formation and compliance-related matters. He regularly advises clients (including investment advisers, private domestic and offshore investment funds, broker-dealers and financial institutions) on structuring, organization, distribution, compliance and other regulatory issues. He also assists clients undergoing SEC investigations and examinations. You may reach him at , or richard.guidice@klgates. com. END OF CONCURRENT SESSIONS 2:45 pm 3:00 pm Break 4

5 3:00 pm 3:45 pm Cybersecurity for Investment Management Firms: Staying Ahead of Trouble and Responding When it Comes Presented by András P. Teleki and Industry Speaker Identification of Risks: Networks, Employees, Investors, Vendors Process and Governance Where is the Government? What to Do if There is a Breach What to Expect Next Mr. Teleki, a partner in Washington, D.C. office, focuses his practice on regulatory compliance issues facing registered investment companies, including mutual funds and closed-end funds, brokerdealers, investment advisers, unregistered funds, variable insurance product issuers and distributors, and related service providers. He also advises financial institutions on anti-money laundering and OFAC issues. Mr. Teleki also has experience in corporate governance and Sarbanes-Oxley issues. You may reach him at or andras.teleki@ 3:45 pm 4:00 pm Break 4:00 pm 5:00 pm Regulatory Unpredictability: The New Normal? Views from the Industry Moderated by Richard M. Phillips with Industry Speakers 5