Today’s increased scrutiny of the funds industry requires a proactive approach in advising clients in connection with regulatory scrutiny and investor expectations. Drawing on the unparalleled depth and sophistication of Simpson Thacher’s market-leading funds practice, attorneys in our Funds Regulatory and Investigations Practice are at the forefront of industry and regulatory developments. We apply our broad market coverage and regulatory expertise on a daily basis in providing sponsor and adviser clients with practical and creative solutions to complex regulatory, compliance, and enforcement issues.
We also have extensive experience advising on emerging compliance and regulatory considerations relating to the offering and trading of crypto and other digital assets. We represent a variety of market participants in investigations concerning a wide range of issues arising out of an evolving regulatory environment. We help our clients navigate complex regulatory and legal issues and provide innovative solutions to mitigate risk.
Our team includes attorneys with decades of experience in the funds industry, former senior government officials from the Securities and Exchange Commission and Department of Justice, former U.S. federal prosecutors, and a former PE Chief Compliance Officer, who draw upon their deep experience and institutional knowledge to provide sophisticated advice to clients on a broad spectrum of critical regulatory and compliance issues. We have extensive experience advising clients on the following:
- examinations by the SEC’s Division of Examinations (previously, OCIE), where we have a dedicated team available for on-site or off-site exam preparation, streamlined exam document productions, strategic exam advice, and thorough and nuanced deficiency letter response preparation;
- if necessary, SEC enforcement inquiries and investigations;
- advising on regulatory considerations and inquiries relating to the offering and trading of digital and crypto assets;
- best practices for complying with the Investment Advisers Act’s and Investment Company Act’s substantive requirements;
- navigating the Investment Advisers Act’s contractual requirements, including identifying changes of control/assignments and counseling as to which consent procedures are most appropriate;
- internal controls and disclosure obligations and best practices;
- the design, implementation, monitoring and enhancement of our clients’ compliance programs, including their written compliance policies and procedures, routinely working productively with other client advisors;
- co-investment and affiliate transaction matters, and on eligible portfolio company determinations;
- identifying areas of risk for boards and management teams to adequately protect against undue exposure or contingencies;
- board and executive compensation, indemnification and D&O arrangements, as well as other personnel matters;
- maintaining investment adviser registration exemptions;
- advising on compliance with the newly enacted Corporate Transparency Act;
- counseling in-house counsel and deal teams alike on a wide range of reputational and risk management matters;
- advising on anti-money laundering, economic sanctions, export controls, anti-corruption and other compliance risks, including designing and improving relevant compliance policies, procedures, and controls;
- performing and advising on “Know-Your-Customer” investor diligence and other counterparty investigations and assessments; and
- negotiating a variety of regulatory and financial crime related contractual issues with investors, lenders, targets, and other parties.