PLI’s Hedge Fund and Private Equity Enforcement & Regulatory Developments 2017

Event Date(s): 11/30/2017

Steve Crimmins to speak at the Practising Law Institute (PLI) seminar, "PLI’s Hedge Fund and Private Equity Enforcement & Regulatory Developments 2017," on November 30th, 2017 in New York, NY. A live webcast of the program is available for those not able to attend in person.

The SEC and other government agencies continue to focus enforcement and examination efforts on managers of private hedge funds and private equity funds.  This conference will bring together top regulators, leading in-house legal and compliance professionals and expert outside counsel, to discuss the latest issues, trends and risks in regulatory compliance oversight.

The list of risk areas continues to grow, with examiners and enforcement staff focusing scrutiny on - valuations of illiquid positions, conflicts of interest, allocation of fees, expenses and investment opportunities, cybersecurity, sourcing of “big data,” algorithmic trading and access to source code, communications with issuers, sell-side analysts and other buy side firms, and anti-corruption and anti-money laundering.  As the regulators’ and prosecutors’ expertise and sophistication mature, so does their use of in-house industry experts, whistleblowers and data analytics. In addition to managing examinations by the SEC’s new Private Funds Unit, private funds face continued scrutiny by the CFTC, NFA, Department of Justice and New York State Attorney General’s Office of Investor Protection.

Thorny Hedge Fund Hypotheticals - Ethical Issues

  • Multiple representation issues in government investigations
  • Dodd-Frank whistleblower protections in investigations and separation agreements
  • Self reporting – should I or shouldn’t I and will it matter?
  • Attorney-client privilege – the line between legal and compliance and balancing preservation of the privilege with demonstrating compliance and cooperation

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