Steve Boehm serves on Sutherland's Executive Committee and also leads the firm's Capital Markets and Investments Team. He concentrates his practice in the corporate and securities area, with an emphasis on matters involving asset management arising under the jurisdiction of the U.S. Securities and Exchange Commission (SEC). He represents registered and unregistered investment funds and investment advisers on a broad range of regulatory and transactional matters. Steve is a nationally recognized authority on business development companies (BDCs), representing many of the nation's largest BDCs. His practice also includes representing other types of public vehicles for private equity investing, including special purpose acquisition companies (SPACs). Steve is also recognized as a leading authority on the organization and operation of Section 529 college tuition savings plans. Representative Experience Steve regularly represents national and regional financial services organizations in connection with the following: · Establishing and operating public and private open- and closed-end investment funds. · Advising on compliance with, and exemptions from, the Investment Company Act of 1940. · Assisting clients with the organization and day-to-day operation of investment advisers and broker-dealers. · Structuring and operating Section 529 college tuition savings plans, including tax and securities law advice and contract negotiation. · Advising on the design and implementation of a variety of investment-oriented insurance products, including SEC-registered and unregistered variable life insurance and annuity products. · Advising on SEC investigations. Professional Honors and Awards · Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of investment funds - registered funds (2008-2011) · Named to The Best Lawyers in America in the areas of corporate law, mutual funds law, private funds law and securities law (2005-2011) · Selected for inclusion in Washington, D.C., Super Lawyers® (2007-2011) · Named among Washington's "Top 10 Dealmakers" by Legal Times magazine (2006) Recent Publications and Speaking Engagements · "Social Media: A Cautionary Tale," The Investment Lawyer (January 2012) · "Keeping it in the Family: Dodd-Frank Exempts Family Offices from the Advisers Act," The Investment Lawyer, Vol. 18, No. 3 (March 2011) · "The Ascent of the Hedge Fund CCO and Compliance Program," Practical Compliance & Risk Management For The Securities Industry (May-June 2009) · Publicly Traded Private Equity Regulatory Review (April 2009) · "Beating the Market by Staying Out," The Investment Lawyer (April 2009) · "New Path, Same Destination: The Effect of Jones v. Harris Associates on 36(b) Litigation," The Investment Lawyer (August 2008) · Publicly Traded Private Equity Regulatory Review (June 2008) · "Everyman a Venture Capitalist," Business Law Today, Vol. 17, No. 5 (May/June 2008) · "The SEC Addresses Eligible Investments for Business Development Companies," The Investment Lawyer (December 2006) · "Shedding New Light on Business Development Companies," The Investment Lawyer (October 2004) · "The Business Development Company Solution," The Review of Securities & Commodities Regulation (February 2001) · Speaker, "BDC Compliance: Understanding the Regulatory Perspective," BDC Quick Call (November 2, 2011) · Speaker, "BDCs: Understanding Business Development Companies," REISA 2011 Annual Conference (October 16-18, 2011) · Speaker, "Life as an SEC Registrant," Duff & Phelps 4th Annual Alternative Investments Conference (November 11, 2010) · Chair and Speaker, 2009 BDC Roundtable (September 15-16, 2009) · Speaker, National Society of Compliance Professionals National Membership Meeting (October 17-19, 2007) · Chair and Speaker, 2007 BDC Roundtable (September 4-5, 2007) · Speaker, ALI-ABA Investment Management Regulation Conference (November 30-December 1, 2006) · Chairman and Speaker, "Governance, Regulatory, and Compliance Issues of BDCs," A Strategic Guide to Business Development Companies: The Latest Re-Emergence of BDCs (November 8, 2004) · Speaker, National Society of Compliance Professionals National Membership Meeting (October 27-29, 2004) Industries Financial Services Retirement Products and Services News Social Media: A Cautionary Tale January 11, 2012 Sutherland Advises on NeXt Innovation Corp.'s Initial Public Offering Raising $50 Million May 10, 2011 Sutherland Partnership Makes Leadership Changes May 9, 2011 Nine Sutherland Attorneys Named D.C. Super Lawyers in 2011 May 3, 2011 Will The Newest Generation Of BDCs Fare Better Than Their Predecessors? April 29, 2011 Sutherland Attorneys, Practices Top Chambers USA 2011 Rankings April 14, 2011 Sutherland Represents Ares Capital Corporation in Unprecedented $500 Million Convertible Bond Offering February 8, 2011 Sutherland Represents Oxford Lane Capital Corp. in Initial Public Offering Raising $36.5 Million February 8, 2011 Sutherland Represents Underwriters including Goldman, Sachs & Co., Citigroup Global Markets Inc. and UBS Securities LLC, in $133.3 Million IPO by Business Development Company February 8, 2011 Sutherland Represents TICC Capital Corp. in a $47.15 Million Shelf Offering December 7, 2010 Sutherland Represents Solar Capital Ltd. in a $43.2 Million Selling Stockholder Shelf Offering November 11, 2010 Sutherland Serves as Counsel to Saratoga Investment Advisors, LLC in its Purchase of GSC Investment Corp. August 17, 2010 Sutherland Earns Top Chambers USA 2010 Rankings July 7, 2010 Sutherland Represents Solar Capital Ltd. in Initial Public Offering April 28, 2010 Sutherland Represents Allied Capital Corporation in Merger with Ares Capital Corporation April 26, 2010 Sutherland Represents Saratoga Investment Advisors, LLC in its Purchase of GSC Investment Corp. April 26, 2010 Eight Sutherland Attorneys Recognized by Washington DC Super Lawyers March 3, 2010 Sutherland Represented Patriot Capital Funding in Merger with Prospect Capital December 7, 2009 Sutherland Represents Fifth Street Finance Corp. in a $58.0 Million Shelf Offering October 5, 2009 Sutherland Represents Ares Capital Corporation in a $109.6 Million Shelf Offering August 19, 2009 Sutherland Represents RBC Capital Markets, BB&T Capital Markets, Morgan Keegan & Company, Inc. and Sterne Agee in $15.6 Million Secondary Offering of Common Stock August 13, 2009 Twelve Sutherland Attorneys Recognized by Washington, D.C., Super Lawyers ® April 30, 2009 The Dealmakers April 10 -16, 2009 Reprinted with permission Atlanta Business Chronicle A Lobbying for Cash Q&A: The Case for Preferred Shares November 21, 2008 Reprinted with permission The Wall Street Journal Sutherland Represents Fifth Street Finance Corp. in Initial Public Offering June 24, 2008 Legal Alerts Legal Alert: ERISA Participant Disclosure Will Not Violate SEC Advertising Rules November 2, 2011 Legal Alert: SEC Seeks Input on Investment Company Act Exclusion for Mortgage REITs and Other Mortgage-Related Pools October 17, 2011 Legal Alert: SEC Revamps Investment Adviser Regulatory Scheme as Mandated by the Dodd-Frank Act July 22, 2011 Legal Alert: Impending Federal Government Shutdown: Steps to Take Now at SEC April 7, 2011 Legal Alert: Securities and Exchange Commission Staff Urges More Tailored Derivatives-Related Disclosures by Investment Companies August 3, 2010 Legal Alert: FBAR Filing Requirement for Non-U.S. Persons Temporarily Suspended June 8, 2009 Legal Alert: FBAR 2008 Revised Instructions Broaden the Class of Filers June 3, 2009 Legal Alert: Investment Adviser Developments: SEC Chairwoman and Treasury Secretary Offer Proposals for Regulatory Reform March 27, 2009 Legal Alert: Supreme Court to Hear Investment Adviser Fee Case March 16, 2009 Legal Alert: Regulation D Developments March 5, 2009 Legal Alert: SEC and FASB Provide Clarification on Fair Value Accounting Rules October 2, 2008 Legal Alert: SEC Issues Temporary Emergency Orders to Ban Short Selling of Financial Companies and Restore Market Liquidity September 24, 2008 Legal Alert: SEC Proposes Guidelines for Directors Overseeing Mutual Fund Portfolio Trading August 5, 2008 Legal Alert: Seventh Circuit Rejects "Reasonableness" as the Standard for Excessive Fee Claims Under Section 36(b) of the 1940 Act May 30, 2008 Legal Alert: SEC Approves Amendments Simplifying Disclosure Obligations for a Larger Number of Smaller Public Companies January 16, 2008 Legal Alert: SEC Amends Rules 144 and 145 to Provide Increased Liquidity to Restricted Securityholders January 14, 2008 Legal Alert: SEC Affirms Interpretation of Shareholder Proposals Rule Relating to the Election of Directors January 2, 2008 Legal Alert: Enhanced Disclosure and New Prospectus Delivery Option Proposed for Mutual Funds November 30, 2007 Legal Alert: MSRB Notice 2007-32 - New Supervisory Requirements Under Rule G-27 November 13, 2007 Legal Alert: SEC Adopts Rule Prohibiting Fraud by Advisers to Certain Pooled Investment Vehicles August 6, 2007 Legal Alert: SEC Publishes Rulemaking for BDCs on Eligible Investments October 30, 2006 Client Advisory: "Taking Private Equity Public" July 20, 2006 Legal Alert: A Primer on SPACs: An Explanation of the Purpose, Structure and Current Issues Affecting Special Purpose Acquisition Companies August 10, 2005 Publications Keeping it in the Family: Dodd-Frank Exempts Family Offices from the Advisers Act March 2011 The Investment Lawyer The Ascent of the Hedge Fund CCO and Compliance Program May - June 2009 Reprinted with permission with permission Practical Compliance & Risk Management For The Securities Industry Publicly Traded Private Equity Regulatory Review April 2009 Beating the Market by Staying Out April 2009 Reprinted with permission The Investment Lawyer Publicly Traded Private Equity Regulatory Review November 2008 New Path, Same Destination: The Effect of Jones v. Harris Associates on 36(b) Litigation August 2008 Reprinted with permission The Investment Lawyer Publicly Traded Private Equity Regulatory Review June 2008 Everyman a Venture Capitalist May/June 2008 Reprinted with Permission Business Law Today, Vol. 17, No. 5 May/June 2008 copyright 2008 The American Bar Association The SEC Addresses Eligible Investments for Business Development Companies December 2006 Reprinted with permission from The Investment Lawyer Shedding New Light on Business Development Companies October 2004 Posted with permission from The Investment Lawyer The Business Development Company Solution February 28, 2001 Posted with permission from The Review of Securities & Commodities Regulation Events BDC Quick Call November 2, 2011 REISA 2011 Annual Conference October 16-18, 2011 2011 BDC Roundtable September 12-13, 2011 BDC Quick Call: Recent Accounting and Regulatory Developments on Advisory Fees and Financing Transactions March 3, 2011 BDC Quick Call: Affiliate Transactions December 9, 2010 Duff & Phelps 4th Annual Alternative Investments Conference November 11, 2010 The ABCs of BDCs November 10, 2010 2010 BDC Roundtable September 13-14, 2010 2009 BDC Roundtable September 15-16, 2009 NSCP National Membership Meeting October 17-19, 2007 Sutherland Hosts Industry-Wide BDC Roundtable September 4-5, 2007 ALI-ABA Investment Management Regulation Conference November 30-December 1, 2006 A Strategic Guide to Business Development Companies: The Latest Re-Emergence of BDCs November 8, 2004 National Society of Compliance Professionals National Membership Meeting October 27-29, 2004 |