Anthony C.J. Nuland is a partner in Seward & Kissel's Investment Management Group, and is located in Seward & Kissel's Washington D.C. office. Tony joined Seward & Kissel in 1968 and became a partner in 1977.
From 1973 to 1977, Tony was a member of the staff of the Securities and Exchange Commission serving successively as special counsel, assistant director and associate director in the Division of Market Regulation and as the first head of its Office of Securities Processing Regulation. While with the Commission, Tony was the staff member primarily responsible for formulating and implementing programs to establish a national clearance and settlement system.
Tony's practice focuses primarily in the areas of securities, mutual funds and banking law. He has worked extensively on the full range of matters affecting mutual funds, issues involving domestic and foreign custody arrangements and issues under the Uniform Commercial Code involving investment securities and pledges of investment securities and other financial assets. His clients include mutual funds, mutual fund investment advisers, disinterested directors of mutual funds, banks and broker-dealers. Tony has advised broker-dealers on brokering deposit products and deposit account sweep products, banks on developing and providing domestic custody services and mutual funds and other financial institutions on using domestic and foreign custody services. In addition, he acted as consultant to the International Bank for Reconstruction and Development (the "World Bank") in connection with the establishment of mutual funds in the Russian Federation and with the implementation of new clearing and settlement systems in India and to the Inter-American Investment Corporation in connection with reforms to the Chilean pension laws.
Tony's practice before the Securities and Exchange Commission has included advising and representing mutual fund clients in connection with private orders of investigation dealing with such matters as personal trading by portfolio managers, unregistered public offerings of securities, loss of record keeping control by the fund's transfer agent, violations of Investment Company Act record-keeping requirements, purchases of ineligible securities by money market funds. He also has advised the disinterested directors of a mutual fund family in connection with investigations relating to record-keeping violations and failures by fund access persons to comply with code of ethics requirements regarding personal trading.
Tony serves on the American Bar Association's committees on the Uniform Commercial Code and on the Federal Regulation of Securities.
News
March 2, 2012, Seward & Kissel is pleased to announce that the Firm has just been voted the Best North American Law Firm by Hedgeweek in their global survey of over 2,000 readers.
We thank our clients and friends for their ongoing support as we look forward to continuing to provide the highest quality of legal services.
February 22, 2012, Seward & Kissel's 2011 New Hedge Fund Study has Garnered Extensive Media Coverage.
December 12, 2011, Seward & Kissel is pleased to announce that the Firm has just been voted the Best Onshore Hedge Fund law firm in Hedge Funds Review magazine's inaugural survey of over 1,200 hedge funds.
We thank our clients and friends for their ongoing support as we look forward to continuing to provide the highest quality of legal services.
October 29, 2010, Seward & Kissel is mentioned in the October 29, 2010 Hedge Fund Law Report.
The article entiled,"SEC Temporarily Permits Hedge Fund Managers to Avoid Surprise Examination Requirement with Audits by Auditors That Are Registered with, but Not Subject to Inspection by, the PCAOB," appeared on October 29th, 2010.
June 14, 2010, Seward and Kissel is recommended in the 2010 Edition of The Legal 500 United States for Investment fund Formation and Management and Insurance Litigation.
The entry states that for Investment Management, Seward & Kissel "is [a]lmost unanimously regarded as 'the top firm in the market for sheer volume of hedge funds formed" and has "some seriously high-quality partners at the top". Partners John Tavss and John Cleary are specifically mentioned. For Insurance Litigation, partner Bruce Paulsen is described as a "compelling and effective litigator".
June 11, 2010, Seward & Kissel has been ranked in Chambers USA 2010 in Transportation: Shipping: Finance and Investment Funds: Hedge Funds.
Partners Gary Wolfe, Larry Rutkowski, and John Tavss were also ranked and associate Mike Timpone was listed as an associate to watch.
May 25, 2010, Seward & Kissel Ranked as Private Funds Law Firm of the Year, USA ACQ Global Awards, 2010
March 19, 2010, Seward & Kissel was voted the best overall hedge fund law firm in the inaugural survey conducted by HedgeWeek magazine.
March 16, 2010, Seward & Kissel is named as Best Law Firm in Washington DC for Securities work 2009/10 Corporate Int'l Magazine's 2009/10 US Legal Awards
November 1, 2009, Seward & Kissel is ranked as the #1 law firm for large hedge fund firms and the #2 law firm for small hedge fund firms according to the 2009 Institutional Investor Survey.
November 1, 2009, Seward & Kissel named Private Funds North America Law Firm of the Year in the ACQ Finance Magazine Awards 2009.
May 26, 2009, Seward and Kissel ranked top hedge fund law firm by cogenthedge.com
The Firm was listed as the #1 hedge fund law firm on the site's league table.
October 2007, Seward & Kissel was ranked second in the "Top Onshore Law Firms" category of the 2007 Alpha Awards.
June 14, 2007, Seward & Kissel was acknowledged in the Transportation (Shipping: Finance) section.
Seward & Kissel was ranked third in the "Top Onshore Law Firms" category of the 2006 Alpha Awards.
June 14, 2006, Seward & Kissel was ranked in band 1 for: Investment Funds: Hedge Funds (New York); and Transportation: Shipping: Finance (New York). Chambers USA
January 2006, Seward & Kissel was ranked as the #1 Hedge Fund Law Firm by Institutional Investor magazine.
Publications
May 8, 2012, Memorandum: CFTC and SEC Further Define Eligible Contract Participant, Swap Dealer, Major Swap Participant and other Key Terms
May 2, 2012, Memorandum: Reliance on the 4.13(a)(3) Exemption from Registration as a Commodity Pool Operator
April 20, 2012, Memorandum: Important Reminder Concerning CFTC's Rescission of 4.13(a)(4) Exemption
April 10, 2012, Memorandum: Form PF Beneficial Ownership Reporting
April 4, 2012, Memorandum: Form 13H Amendment Filing Obligations
March 30, 2012, Memorandum: "JOBS" Act Passed to Remove Prohibition of General Solicitation and Marketing in Regulation D Offerings and Increase 500 Record Owner Threshold
March 22, 2012, Memorandum: Additional Guidance on Registration Requirements for Entities Affiliated with Exempt Reporting Advisers
March 19, 2012, FinCEN Seeks Comment on Customer Due Diligence Rule That Would Impose Requirement on Brokers to Submit Customer Information to Banks in Connection with Brokered Deposits
March 1, 2012, Memorandum: Reporting Obligations for Exempt Reporting Advisers
February 24, 2012, Memorandum: SEC Adopts Revised Performance Compensation Rule and Transition Rules
February 21, 2012, Memorandum: 2011 New Hedge Fund Study
Annexed is a memorandum showing the results of a 2011 new hedge fund study recently conducted by Seward & Kissel.
February 15, 2012, Sixth Circuit Decision Raises Question About Effectiveness of Broker-Dealer Liens on Customer Assets
February 10, 2012, Client Alert: FATCA
February 9, 2012, Memorandum: CFTC Adopts Final Rules Regarding Exemptions from CPO and CTA Registration; Rescinds 4.13(a)(4) Exemption
February 6, 2012, Memorandum: SEC Compliance Outreach Program for Investment Advisers and Investment Companies
February 3, 2012, Memorandum: TIC Form SHC Filing Deadline Approaching
February 3, 2012, Memorandum: Recordkeeping and Reporting of Swap Information
January 27, 2012, Memorandum: Annual Regulatory Reminders
January 26, 2012, Memorandum: Reporting Obligations for Exempt Reporting Advisers
January 2012, Private Funds Bullet Report - January 2012
January 23, 2012, Memorandum: SEC Clarifies Scope of Registration Requirements for Entities Affiliated with an Investment Adviser Registering with the SEC
December 14, 2011, Memorandum: Client Update on MF Global # 4
December 14, 2011, Memorandum: SEC Adopts Form PF
December 8, 2011, Client Alert - Deferred Compensation
December 5, 2011, Memorandum: New York City Audit Position Could Increase Unincorporated Business Tax
December 1, 2011, Memorandum: Client Update on American Airlines Trading
November 29, 2011, Memorandum: Client Update on MF Global # 3
November 18, 2011, Memorandum: Client Update on MF Global # 2
November 14, 2011, Memorandum: Client Update on MF Global*
October 26, 2011, Memorandum: SEC Announces Adoption of Form PF
September 21, 2011, Memorandum: New Jobs Bill Includes Carried Interest Tax Increase and Enterprise Value Tax
September 2011, The Private Equity Bullet Report - September 2011
We are pleased to introduce our latest newsletter, the Private Equity Bullet Report. This newsletter will highlight, in bullet point format, selected key developments in U.S. securities laws and regulations and other developments affecting both the formation of private equity funds and their underlying portfolio transactions. If you know of anyone who may be interested in receiving this newsletter, please notify Royce Akiva (akiva@sewkis.com).
August 24, 2011, FDIC Requirements for "Pass-Through" Deposit Insurance in Brokered Deposit Programs
August 12, 2011, Memorandum: New SEC Whistleblower Rules Effective Today
August 9, 2011, Memorandum: SEC Adopts Large Trader Reporting Requirements
July 2011, Private Funds Bullet Report - July 2011
July 22, 2011, Memorandum: SEC Adopts Final Rule Defining Family Offices
July 15, 2011, Memorandum: SEC Adopts Rules Implementing Certain Exemptions from SEC Registration and Amends Form ADV Part 1A
July 15, 2011, Memorandum: SEC Changes Registered Investment Adviser Performance Compensation Rule
July 8, 2011, Memorandum: Department Of Treasury Approves New Form SLT
July 6, 2011, Memorandum: State Investment Adviser Implications of Repeal of Section 203(b)(3) Exemption
June 24, 2011, Supreme Court Narrowly Construes Rule 10b-5, Limits Securities Fraud Suits
June 22, 2011, Memorandum: SEC Extends Investment Adviser Registration Deadline Until March 30, 2012
June 10, 2011, Memorandum: Notice of SEC Open Meeting on June 22, 2011
May 19, 2011, Memorandum: SEC Approves Extension of the Effective Date of the New Anti-Spinning Rule for New Issues
May 13, 2011, Memorandum: SEC to Change Registered Investment Adviser Performance Compensation Rule and Proposes Transition Rules
May 6, 2011, Memorandum: Recent Proposals Regarding Regulation of Swaps
May 2, 2011, Memorandum: Department of Treasury Proposes New Form SLT
May 2, 2011, Memorandum: SEC Proposes Incentive-Based Compensation Arrangement Rule
April 11, 2011, Memorandum: Private Fund Adviser Registration Deadline May Be Extended To First Quarter 2012
March 23, 2011, Memorandum: Recent Tax Court Decision Concerning Self-Employment Tax
March 22, 2011, Memorandum: SEC Staff Responses to Questions About Form ADV Part 2
February 14, 2011, Memorandum: New Rule Governing New Issue Allocations and Distributions
February 10, 2011, Memorandum: The SEC Model Privacy Form
February 9, 2011, Memorandum: Proposed Amendments to CFTC Regulations
February 9, 2011, Memorandum: SEC Proposes Private Fund Systemic Risk Reporting Rule
February 8, 2011, Memorandum: California and New York City Lobbyist Registration
February 3, 2011, Memorandum: Form ADV Filing and Delivery Requirements
January 24, 2011, Memorandum: Regulated Investment Company Modernization Act of 2010 (the "Act")
January 13, 2011, Paying That Debt Off Early May be Costly
Treatment of Debt Prepayment Limitations in Solvent Debtor Chapter 11 Cases
John Ashmead, Ronald Cohen
January 7, 2010, Activist Investor Report - January 2011
January 6, 2011, Memorandum: New California Restrictions on Placement Agents
January 5, 2011, Memorandum: SEC Extends Brochure Supplement Compliance Date
December 2010, The Private Funds Report- Special 10th Anniversary Edition
An Introductory Guide to Private Funds and Their Management Companies.
December 2010, The Private Funds Bullet Report - December 2010
November 30, 2010, Memorandum: SEC Proposes Rules Implementing Certain Exemptions from SEC Registration and Amendments to Form ADV Part 1A
November 29, 2010, Associate Gregg Bateman authored an article entitled "Nothing Strange About STOLI" which was featured on November 29, 2010 in Law360.
The article discussed the impact of the recent New York Court of Appeals case of Kramer v. Lockwood Pension Services Inc. on future STOLI cases.
Gregg Bateman
November 10, 2010, Client Alert: Seventh Circuit Rules That A Securitization Trustee May Be Held Liable in a Fraudulent Conveyance Action.
August 9, 2010, Client Alert: Lessons from the LyondellBasell Rights Offering
July 26, 2010, Client Alert: Rule 436(g) Repeal and Response of the Securities and Exchange Commission
July 26, 2010, Client Alert: SEC Staff Report Recommends Amending Definition of "Security" to Include Life Settlements
July 15, 2010, Memorandum: Adjustment of Accredited Investor Standard for Natural Persons
July 8, 2010, Private Fund Investment Advisers Registration Act of 2010
July 7, 2010, SEC Adopts Rule Restricting "Pay to Play" Practices of Investment Advisers
June 29, 2010, Memorandum: Judge Dismisses SEC's First Credit Default Swap Insider Trading Case
June 4, 2010, Memo: Foreign Financial Account Reports Due June 30th
June 2, 2010, Memorandum: House of Representatives Passes Legislation to Increase Taxes on Carried Interest
June 2, 2010, Client Alert: SEC Regulation Changes Regarding Rating Agencies
June 1, 2010, Activist Investor Report
U.S. Senate Approves Wall Street Reform Bill
June 1, 2010, Seward & Kissel Memorandum Regarding the Expected Effects of Financial Industry Reform on Derivatives Activities of Funds
May 26, 2010, Client Alert Regarding Reports the FAA Ceased Its Registration of Non-Citizen Owner Trusts
May 21, 2010, Client Alert on New SEC Rules
May 21, 2010, Memorandum Regarding the Senate Approval of the Restoring American Financial Stability Act of 2010
May 7, 2010, Activist Investor Report
May 7, 2010, Memorandum Regarding the Effective Date of Alternative Uptick Rule
April 6, 2010, Client Alert on the Effect of Health Care Reform on the Student Loan Industry
March 31, 2010, Memo Regarding March 30th Supreme Court Decision on Gartenberg v. Merrill Lynch Asset Management, Inc.
March 9, 2010, March 9, 2010 Client Alert Regarding SEC Reforms to Money Market Fund Regulation
February 26, 2010, Memorandum regarding SEC Adoption of Alternative Uptick Rule
January 11, 2010, Memorandum Regarding New Custody Rule Requirements for Registered Investment Advisers
Robert Chender, Paul Clark, Kathleen Clarke, John Cleary, Maureen Hurley, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Christopher Riccardi, Jack Rigney, Bibb Strench, John Tavss, Anthony Tu-Sekine, Robert Van Grover
August 14, 2009, The Corporate and Financial Institution Compensation Fairness Act of 2009
August 13, 2009, Client Alert: Further Regulation for Credit Rating Agencies in the Pipeline
August 12, 2009, IRS Notice on FBAR Confirms Past Filings Are Required, Extends Due Date to June 30, 2010
August 6, 2009, Memorandum on Proposed SEC Rule Restricting "Pay to Play" Practices of Investment Advisers
July 30, 2009, U.S. Securities and Exchange Commission Issues Final Rule to Curb Naked Short Selling As Temporary Rule Expires
July 29, 2009, SEC Proposes Reforms to Money Market Fund Regulations Introduction
July 28, 2009, Memorandum regarding the Expiration Of Rule Requiring Institutional Investment Managers To Disclose Short Sales
July 20, 2009, Seward & Kissel LLP memorandum regarding ISDA restructuring supplement and "Small Bang" protocol.
June 11, 2009, Update Regarding Foreign Financial Account Reports Due June 30
June 3, 2009, Foreign Financial Account Reports Due June 30
May 28, 2009, Corporate Trust Alert Regarding Indenture Reporting Covenants
May 27, 2009, Seward & Kissel LLP Memorandum Regarding New Custody Rule Requirements for Registered Investment Advisers Proposed by the SEC.
May 4, 2009, Seward & Kissel LLP Memorandum Regarding the FASB's Advice on Mark-to-Market Accounting Standards and Promise for Harmonization with the IASB
May 1, 2009, SEC Staff Issues No-Action Letter Addressing Treatment of Redemption Fees by Mutual Funds in Calculating SEC Registration Fees Under Form 24F-2
April 28, 2009, Seward & Kissel LLP Memorandum Regarding the SEC's Sanction of the Hennessee Group LLC and Charles Gradante for Misrepresenting Due Diligence Procedures in Recommending Investment
April 20, 2009, Seward & Kissel LLP Memorandum Regarding the SEC's Proposal to Reconstitute the "Uptick Rule" and Other Restrictions on Short Selling
March 11, 2009, Seward & Kissel LLP Client Alert Regarding the Debate on Main Street Versus Wall Street
February 25, 2009, Seward & Kissel LLP Client Alert Regarding The Homeowner Affordability and Stability Plan: Potential Benefits and Costs
February 10, 2009, Seward & Kissel LLP Private Funds Bullet Report Regarding Business Planning, Structural, Legal, Regulatory & Compliance Developments
February 5, 2009, Seward & Kissel Client Alert Regarding Victoria Finance's SIV Restructuring Mainly Through Vertical Slices
February 4, 2009, Seward & Kissel LLP Memorandum Regarding the Hedge Fund Transparency Act and Hedge Fund Adviser Registration Act of 2009
January 26, 2009, Corporate Trust Alert Regarding Renewed Efforts to Extend Assignee Liability to Mortgage Purchasers
November 7, 2008, Investment Management Litigation Year in Review
October 7, 2008, Client Alert regarding the concerns raised by the litigation involving Abu Dhabi Commercial Bank and Morgan Stanley & Co.
September 15, 2008, Bankruptcy Alert regarding prime broker liquidation proceeding under SIPA.
September 15, 2008, Client Update discussing issues to consider in the event of the bankruptcy of a broker-dealer and/or its affiliate.
September 9, 2008, Corporate Trust Alert Re: Protecting Indenture Trustees' Contingent.
May 15, 2008, Memorandum discussing the new sets of best practices for the hedge fund industry and hedge fund investors issued under the auspices of the President's Working Group on Financial Markets.
April 1, 2008, Private Funds Bullet Report
February 20, 2008, Annual Reminder Memorandum to Registered Investment Advisers.
John Cleary, Maureen Hurley, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Robert Chender, Kathleen Clarke
February 19, 2008, Summary of SEC's Proposed Amendments to Part II of Form ADV.
John Cleary, Maureen Hurley, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Robert Chender, Kathleen Clarke
February 19, 2008, Client Alert with Respect to Revised Rule 144 and a Chart Summarizing the New Rule.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, James Abbott, Craig Sklar, Robert Chender, Kathleen Clarke
January 1, 2008, The Private Funds Report, Vol. XI
John Cleary, Maureen Hurley, Mark Hyland, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Jack Yoskowitz, Kathleen Clarke
· Negotiating a Software License Agreement
· Responding to SEC Inquiries About Trading Activities
· Relocating an Investment Manager's Office
· Legislative and Regulatory Snapshots
December 17, 2007, Client Memorandum: SEC Proposals Concerning Summary Prospectus and Amendments to Form N-1A
A memorandum discussing the SEC's proposals concerning a new summary prospectus and amendments to Form N-1A, which is the form used to register mutual funds under the Investment Company Act of 1940.
Paul Miller, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke, Anthony Tu-Sekine
November/December 2007, The Registered Funds Newsletter
Paul Miller, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke, Anthony Tu-Sekine
· Sub-Adviser Compliance with a Mutual Fund's Compliance Policies and Procedures
· Discretionary Investment Advisory Programs and Rule 3a-4 under the 1940 Act
· Legislative and Regulatory Update
October 1, 2007, The Registered Funds Newsletter
Paul Miller, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke, Anthony Tu-Sekine
· Evaluating the Regulatory Burdens of Registered Funds with Long/Short Strategies
· SEC Adopts Rule Prohibiting Advisers from Defrauding Investors in Certain Pooled Investment Vehicles
· Legislative and Regulatory Update
September 1, 2007, The Registered Funds Newsletter
Paul Miller, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke, Anthony Tu-Sekine
· Proxy Rule Amendments Requiring Funds to Post Materials on a Web Site
· Complying with State Gaming Regulations
· Legislative and Regulatory Update
April 24, 2007, Client Memorandum: Private Fund Manager IPOs.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
January 16, 2007, Client Memorandum: SEC's Accredited Investor and Anti-fraud Proposals.
A memorandum summarizing the SEC's rule proposals relating to a new accredited natural person standard and a new anti-fraud standard.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
September 1, 2006, The Private Funds Report, Vol. X
John Cleary, Maureen Hurley, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke
· Negotiating an Office Lease
· Use of the Media by Hedge Funds
· Legislative and Regulatory Snapshots
August 24, 2006, Client Memorandum: Court Vacates Hedge Fund Adviser Registration Rule.
A memorandum discussing the US Court of Appeals case overturning the hedge fund adviser registration rule.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
August 4, 2006, Client Memorandum: SEC Issues Final Soft Dollars Interpretive Release.
A memorandum summarizing the SEC's final interpretive release relating to the soft dollars safe harbor under Section 28(e) of the Securities Exchange Act.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
June 22, 2006, Client Memorandum: Amendment to the Bank Secrecy Act Regulations Requiring Mutual Funds to Report Suspicious Transactions.
Paul Miller, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke, Anthony Tu-Sekine
June 22, 2006, Client Memorandum: Foreign Account Reporting Requirements.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
June 8, 2006, Client Memorandum: SEC issues letter re 25% control needed to be a "principal".
A No action letter issued by the SEC to a client of Seward & Kissel in which the SEC stated that 25% or more ownership by controlling persons is needed in a "principal transaction."
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
April 10, 2006, Client Memorandum: Changes to New York Publication Law.
A memorandum summarizing changes and proposed changes to the New York publication rules applicable to limited partnerships and limited liability companies formed or qualified to do business in New York.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
March 14, 2006, Client Memorandum: Proposed Amendments to Rule 22c-2.
Paul Miller, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke, Anthony Tu-Sekine
March 7, 2006, Client Memorandum: SEC's CCO Outreach Seminar.
A memorandum summarizing the SEC's CCO Outreach seminar, which discussed various issues pertinent to chief compliance officers for registered investment advisers.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
March 6, 2006, Client Memorandum: Annual Compliance Reviews for Advisers.
A memorandum discussing the requirement that SEC-registered investment advisers conduct an annual compliance review.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
January 10, 2006, Client Memorandum: SEC Amends EDGAR Rules Concerning Mutual Fund and Separate Account Filings.
A memorandum discussing the new requirements recently adopted by the SEC relating to information that certain open-end management investment companies and insurance company separate accounts must identify in the SEC's EDGAR system filings.
Paul Miller, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke, Anthony Tu-Sekine
August 25, 2005, Client Memorandum: Amendments to QPAM Criteria.
S. John Ryan, John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
March 16, 2005, Client Memorandum: CFTC Financial Filings Reminder.
A memorandum relating to certain financial filing obligations for commodity pool operators.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
March 1, 2005, The Private Funds Report, Vol. IX
John Cleary, Maureen Hurley, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke
· New SEC Investment Adviser Registration Rule Adopted
· Changes to Offshore Fee Deferral Rules
· Legislative and Regulatory Snapshots
January 13, 2005, Client Memorandum: Implementation of the February 10, 2005 Requirements - Hedge Fund Adviser Registration Rule and Related Rule Changes.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
June 30, 2004, Client Memorandum: Disclosure Regarding Approval of Investment Advisory Contracts in Shareholder Reports and Proxy Statements.
A memorandum discussing recent rule and form amendments that require additional disclosure in fund shareholder reports and proxy statements about board approval of investment advisory contracts.
Paul Miller, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke, Anthony Tu-Sekine
June 28, 2004, Client Memorandum: Breakpoint Discount Disclosure Requirements in Mutual Fund Prospectuses.
A memorandum discussing recent amendments to Form N-1A that require enhanced disclosure of sales loads and breakpoint discounts in mutual fund prospectuses.
Paul Miller, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke, Anthony Tu-Sekine
May 3, 2004, Client Memorandum: Amendments to Form N-1A Requiring Funds to Disclose their Market Timing and Selective Disclosure Policies. Memorandum discussing amendments to Form N-1A that require registered open-end management investment companies to disclose their market timing and selective disclosure policies.
Paul Miller, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke, Anthony Tu-Sekine
May 1, 2004, The Private Funds Report, Vol. VIII Summer 2004
John Cleary, Maureen Hurley, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke
· SEC Investment Adviser Registration and Compliance
· Drafting an Employee Handbook
· Legislative and Regulatory Snapshots
April 22, 2004, Client Memorandum: Shareholder Expense and Portfolio Disclosure Requirements in Shareholder Reports.
A memorandum regarding new requirements adopted by the SEC relating to disclosure of expenses and portfolio investments in reports to shareholders of registered investment companies.
Paul Miller, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke, Anthony Tu-Sekine
January 7, 2004, Client Memorandum: Passage of New Issues Rule.
A Memorandum discussing changes passed by the NASD concerning the allocation of initial equity offerings.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
December 22, 2003, Client Memorandum: Compliance Programs for Registered Investment Advisers.
A memorandum summarizing the SEC rule requiring all SEC-registered investment advisers to establish a compliance program.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
October 3, 2003, SEC Staff Report on Hedge Funds.
A summary of the Report issued by the SEC's Division of Investment Management making certain recommendations to the SEC based on the SEC Roundtable.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
October 3, 2003, Client Memorandum: Custody Rule for Registered Investment Advisers.
A memorandum describing the amended custody rule and its applicability to SEC registered investment advisers.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
September 10, 2003, Client Memorandum: CFTC Registration Relief Rules.
A memorandum relating to the rules adopted by the CFTC which, among other things, provide registration relief for CPOs and CTAs in certain cases.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
September 1, 2003, The Private Funds Report, Vol. VII Fall 2003
John Cleary, Maureen Hurley, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke
· Reporting of Investment Positions
· Revisions to Swap Documentation
· Legislative and Regulatory Snapshots
May 14, 2003, SEC Hedge Fund Roundtable Synopsis.
A summary of the series of panels discussing various issues relating to the hedge fund industry.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
April 1, 2003, Structured Finance Report, Spring 2003/Volume 1 Update
Derick Betts, Mark Brody, Greg Cioffi, Paul Clark, Ronald Cohen, Kalyan Das, James Hancock, Craig Hickernell, Robert Lustrin, Anthony Nuland, Hadley Roe, Lawrence Rutkowski, Andrew Silverstein, Jeffrey Silverstein, Robert Walder, Gary Wolfe, Kathleen Clarke
April 1, 2003, Structured Finance Report, Spring 2003/Volume 1
Derick Betts, Mark Brody, Greg Cioffi, Paul Clark, Ronald Cohen, Kalyan Das, James Hancock, Craig Hickernell, Robert Lustrin, Anthony Nuland, Hadley Roe, Lawrence Rutkowski, Andrew Silverstein, Jeffrey Silverstein, Robert Walder, Gary Wolfe, Kathleen Clarke
· Commercial Paper Conduits and CDOs Under Assault From FIN 46
· Sarbanes-Oxley Act
· Final Tax Shelter Rules
· Case Study: Conseco Bankruptcy Proceedings Create Additional Uncertainty in the Securitization Market
· The Impact of FIN 46 on the Application of Rule 2A-7 of the Investment Company Act
· Heads Up: Relation Back of Precautionary Filings Made Under the UCC
· Recent Noteworthy Transactions
March 1, 2003, The Private Funds Report, Vol. VI Spring 2003
John Cleary, Maureen Hurley, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke
· Understanding Seed Capital Arrangements
· Blue Sky in a Nutshell
· Legislative and Regulatory Snapshots
September 1, 2002, The Private Funds Report, Vol. V Fall 2002
John Cleary, Maureen Hurley, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke
· Understanding Seed Capital Arrangements
· Blue Sky in a Nutshell
· Legislative and Regulatory Snapshots
August 15, 2002, Client Memorandum: Reporting Obligations Under Section 16 of the Securities Exchange Act of 1934, as amended, August 15, 2002.
A memorandum on the Sarbanes-Oxley Act requirement that insiders must generally report changes in ownership by the second business day following the transaction.
John Cleary, Maureen Hurley, Robert Lustrin, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Gary Wolfe, Kathleen Clarke
March 1, 2002, The Private Funds Report, Vol. IV Spring 2002
John Cleary, Maureen Hurley, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke
· Deciding between a Master-Feeder and a Side-by-Side Structure
· Exceeding ERISA's 25% Threshold
· Drafting an LLC Operating Agreement
· Private Equity and Similar Transactions
· U.S. Legislative and Regulatory Snapshots
· Practical Considerations: Drafting the Management Company's Operating Agreement
May 1, 2001, The Private Funds Report, Vol. III Summer 2001
John Cleary, Maureen Hurley, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke
· Private Investment Funds Established by Mutual Fund Firms
· Calculating ERISA's 25% Test
· Estate Planning for Private Investment Fund Managers
· U.S. Legislative and Regulatory Snapshots
· Practical Considerations: Estate Planning and Related Issues for Fund Managers
May 1, 2000, The Private Funds Report, Vol. II Summer 2000
John Cleary, Maureen Hurley, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke
· Private Investment Funds and the Internet
· Choosing a Name
· Practical Considerations: State Level Investment Advisor Registration
· U.S. Legislative and Regulatory Snapshots
· Off-Shore Developments
September 1, 1999, The Private Funds Report, Vol. I Fall/Winter 1999
John Cleary, Maureen Hurley, Paul Miller, Steven Nadel, Anthony Nuland, Patricia Poglinco, Jack Rigney, John Tavss, Robert Van Grover, Kathleen Clarke
· Proposed Hedge Fund Legislation Introduced
· U.S. Regulatory Snapshots
· Industry Trends and Happenings
· Off-Shore Developments