Greenberg Traurig's Investment Management Group provides advice on all aspects of investment regulation and compliance. Our clients include registered investment companies and their independent boards, private funds, investment advisers, broker-dealers, proprietary trading firms, commodity trading advisors, commodity pool operators, futures commission merchants, major swap participants, structured product sponsors, and financial institutions and other service providers for the investment management industry.
Our team members include former SEC staff, former FINRA staff, a former CFTC attorney, and a former deputy director of legal affairs for the Dutch Financial Markets Authority. The group practices throughout the Americas, Europe, and Asia, and they often take leading roles in shaping industry trends and benefiting clients in the investment management community.
We provide fully integrated legal counsel, including advice on securities regulatory matters, private and registered fund formation and offerings, investment adviser registration and compliance, domestic and international tax, REITs, ERISA, white-collar criminal defense, structured finance and derivatives, corporate and securities, blockchain and cryptocurrency matters, and financial services litigation.
Capabilities and Experience
- Forming, maintaining, and representing registered investment companies, including open-end funds, closed-end funds, closed-end interval funds, exchange-traded funds, and commodity pool operators
- Forming, maintaining, and representing both domestic and offshore unregistered private investment funds, including private equity funds, hedge funds, real estate and private equity real estate funds, and venture capital funds
- Advising independent boards of public funds on corporate governance
- Preparing international, federal, and state licenses, registrations, and reports for those supervised by regulators such as the SEC, FINRA, CFTC/NFA, and state securities authorities
- Forming, maintaining, and representing vendors in the investment management industry, including broker-dealers, fund administrators, commodity trading advisors, and other service providers
- Developing compliance programs and assisting boards and CCOs with ongoing compliance matters, annual reviews, and internal investigations
- Preparing for regulatory audits to identify compliance risks, and advising clients on policies and procedures to address those risks
- Drafting and negotiating agreements, including advisory agreements, prime brokerage/margin agreements, OTC derivatives, futures, and commodities contracts
- Reviewing marketing practices, including materials, websites, and performance advertising
- Preparing SEC reports, including Form ADV; Form PF; Form N-1A, Form N-Z, Schedules 13D, 13G, and 13F; and Section 16 Forms 3, 4, and 5
- Counseling on personnel issues, including partnership, employment, consulting, confidentiality, and compensation agreements
- Advising clients on the JOBS Act, the Dodd-Frank Act, and regulations thereunder
- Representing clients in connection with DOJ, SEC, FINRA, and CFTC/NFA, as well as state regulatory exams, investigations, and enforcement actions
- Obtaining no-action and exemptive relief from U.S. regulators
- Advising on international securities regulations, including compliance and EU directives
- Advising on the regulatory aspects and related civil litigation of capital raising, sale transactions, and sales and trading activities