REPRESENTATIVE EXPERIENCEMichael frequently counsels clients in connection with:
- Compliance with the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, Federal Industry Regulatory Authority (FINRA) and Municipal Securities Rulemaking Board (MSRB) rules and state blue sky laws and regulations.
- Registration issues under federal and state securities laws.
- Sales practices and disclosure obligations.
- Written supervisory procedures, internal controls, compliance programs, manuals and self audits.
- SEC, FINRA and state regulatory investigations and examinations.
- Financial, operational, recordkeeping, and reporting obligations of broker-dealers and investment advisers.
- Best execution, soft dollars, and trading issues.
- Advertising, sales literature and other communications with the public.
- Cash and non-cash compensation programs and marketing arrangements.
- Investment management, distribution, placement and networking arrangements, wrap fee arrangements and unified managed accounts.
- Structuring, establishing, merging and acquiring broker-dealers and investment advisers.
PROFESSIONAL HONORS AND AWARDS
- Recipient, 2010 Burton Awards for Legal Achievement for “Six Degrees of Separation: Principles to Guide The Regulation of Broker-Dealers and Investment Advisers,” BNA’s Securities Regulation & Law Report (April 27, 2009)
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Quoted, “Private Advisers Face Annual Reviews,” Compliance Intelligence (February 14, 2013)
- Co-author, “Welcome to the Party? FINRA Invites Investment Advisers to Utilize its Arbitration Procedures,” Investment Adviser Association Newsletter (December 2012)
- Co-author, “Regulatory watch list for 2012: The shifting landscape for hedge funds and other private funds,” Journal of Investment Compliance (Volume 13, Issue 2, June 2012)
- Co-author, “SEC Revamps Investment Adviser Regulatory Scheme as Mandated by the Dodd-Frank Act,” TerraLex Connections (August 17, 2011)
- Author, "Does a Statutory Fiduciary Duty Mean a More Substantive Fiduciary Duty? What the Future May Hold," IAA Newsletter (August 2010)
- Author, "The Brave New World of Fiduciary Duty for Broker-Dealers and Investment Advisers," Envestnet (February 2010)
- Author, "Six Degrees of Separation: Principles to Guide the Regulation of Broker-Dealers and Investment Advisers," Securities Regulation & Law Report (April 27, 2009)
- Co-author, "Whither Fee-Based Accounts: The DC Circuit Vacates Investment Advisers Act Rule 202(A)(11)-1," The Investment Lawyer (July 2007)
- Author, “MSRB Notice 2005-28 and NASD Enforcement: Where We Have Been and Where We Are Headed,” College Savings and Foundation Forum (March 13, 2006)
- Speaker, Webcast – Hot Topics in Compliance for Private Fund Advisers: Annual Review (February 12, 2013)
- Speaker, “Broker-Dealer Conflicts Disclosures: What’s Coming and How to Prepare,” BD Week Webinar (December 18, 2012)
- Speaker, “The New Regulatory and Enforcement Environment for Investment Advisers,” Private Equity and Venture Capital Committee CLE Program, Philadelphia Bar Association, Philadelphia, PA (December 17, 2012)
- Speaker, BD Week Webinar (December 10, 2012)
- Speaker, ALI CLE’s Investment Adviser Regulation: Legal and Compliance Forum on Institutional Advisory Services,
New York, NY (December 6, 2012)
- Speaker, “Current Issues Facing Private Equity Funds that are Registered Investment Advisors,” Philadelphia Bar Association Private Equity and Venture Capital Committee CLE Program (October 30, 2012)
- Speaker, “Portfolio Management, Risk and Restrictions,” ACA’s Fall 2012 Compliance Conference, San Diego, CA (October 19, 2012)
- Panelist, “Private Fund Issues,” Investment Adviser Association’s Compliance Workshop, Washington, DC (October 11, 2012)
- Speaker, “Books and Records,” ACA Compliance Group Webcast (August 23, 2012)
- Speaker, “Top 10 for 2012: 10 Pending Developments All Wealth Management/ Compliance Lawyers Should Be Watching,” Wealth Management/HIMCO Law and Compliance Law Day, Hartford, Connecticut (March 2, 2012)
- Speaker, “Hot Topics for BDCs and IAs,” Wealth Management/HIMCO Law and Compliance Law Day, Hartford, Connecticut (March 2, 2012)
- Panelist, “A Fiduciarys Challenge: Practical Advice for an Industry in Transition,” fi360 Annual Conference (May 4-6, 2011)
- Speaker, BD Week’s Webinar: “How You Can Start Preparing for the New Fiduciary Duty Standard That’s Bound to Come” (April 16, 2011)
- Panelist, “SEC Regulatory Initiatives and Other Hot Topics,” Investment Adviser Association’s Investment Adviser Compliance Conference (March 10–11, 2011)
- Panelist, “Fiduciary Duty,” ALI-ABA Course of Study on Investment Adviser Regulation (March 4, 2011)
- Panelist, Webinar: “The SEC Study Regarding Obligations of Brokers, Dealers, and Investment Advisers: What Does it Mean for Investors, Firms, Brokers, and Advisers?” (February 10, 2011)
- Panelist, “Practitioners' Perspectives,” The Fiduciary Forum 2010: Exploring the Fiduciary Standard in a Brokerage Setting (September 24, 2010)
- Speaker, SEC Examinations of Investment Advisers – Are You Ready? Seminar (July 13, 2010)
- Panelist, “Implications of a New Fiduciary Bill,” Complinet Risk & Compliance Forum (June 10, 2010)
- Speaker, “Real-world Guidance to Overcome Best Execution Hurdles,” IA Compliance Best Practices Summit 2010 (March 26, 2010)
- Speaker, Envestnet Webinar: “The Changing Face of Fiduciary Responsibility” (March 17, 2010)
- Presenter, “The New Financial Regulatory Environment and its Market Impact,” The Buckhead Club (October 28, 2009)
- Speaker, BD Week Webinar: “Best Practices for Approving New Products” (September 15, 2009)
- Speaker, Financial Services Institute Webinar for Investment Advisers: “A Look Inside the Obama Plan for Regulatory Restructuring” (July 29, 2009)
- Speaker, Financial Services Institute Webinar for Broker-Dealers: “A Look Inside the Obama Plan for Regulatory Restructuring” (July 22, 2009)
- Speaker, “The Adviser/Client Relationship” and "Custody, Proxy Voting, Suitability and Investment Restrictions," PLI’s Fundamentals of Investment Adviser Regulation (July 17, 2009)
- Roundtable leader, Hedge Fund Roundtable (June 11, 2009)
- Speaker, IA Week Webinar: “Due Diligence Steps to Protect Your Firm’s Reputation and Manage Legal Skills” (April 21, 2009)
- Speaker, “Advertising/Marketing Arrangements,” ALI-ABA Investment Adviser Regulation Course (January 15–16, 2009)
- Speaker, Investment Adviser Roundtable: 2009 Industry and Regulatory Outlook (January 14, 2009)
- Speaker, Sutherland Securities Symposium (July 31, 2008)
- Speaker, PLI’s The ABCs of Investment Adviser Regulation 2008 (May 9, 2008)
- Speaker, Independent Broker-Dealer Regulatory Forum (April 16, 2008)
- Speaker, “Advertising/Referral Arrangements and Wrap Fee Programs,” ALI-ABA Investment Adviser Regulation Conference (January 2008)
- Speaker, First Clearing Roundtable (November 13, 2007)
- Speaker, Sutherland Broker-Dealer/Adviser Forum (June 5, 2007)
- Speaker, PLI’s The ABCs of Broker-Dealer Regulation 2007 (May 10, 2007)
- Speaker, “Compliance Issues in Financial Advisor Distribution: What a Difference a Year Makes,” College Savings Foundation Conference (February 7–9, 2007)
- Speaker, ALI-ABA Investment Adviser Regulation Conference (January 2007)
- Speaker, PLI’s The ABCs of Investment Adviser Regulation (November 17, 2006)
- Speaker, Distributing Separately Managed Accounts Through the Bank Channel: A Guide for Managed Accounts Managers (June 28, 2006)
- Speaker, The College Savings Foundation Forum (February 1–3, 2006)
- Speaker, Money Management Institute’s Legal/Regulatory Affairs Conference for General Counsels and Chief Compliance Officers (June 2, 2005)