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Articles & Seminars

Client Alerts and Other Publications:

Series on Operational Risk Published by Complinet:

Briefings and Webinars:

AML for Broker-Dealers and Hedge Fund Managers

June 16, 2010
10:00 a.m. 11:00 a.m. EST
garritygraham.webex.com

Hedge Funds and AML: What you need to know

  • Statutes and industry practice: sources of AML requirements for hedge funds, and your responsibilities under the law.
  • Implementing an AML program: what does a hedge fund manager really have to do.
  • Future legislation.

AML: What Broker-Dealers need to know

  • Core elements of AML Compliance Program.
  • Importance of AML Risk Assessments.
  • Reviewing the effectiveness of your program.

Presented by: Kevin Warmack, Vice President, Practice Leader, Regulatory Compliance Services.

Updates and Hot Topics in AML

  • Importance of Due Diligence of customers, employees, and counterparties.
  • Identification of High Risk Entities (sanctions, PEPs, etc.)
  • Recent enforcement actions and sanctions.

Presented by: Shaun Hassett, Vice President, Business Development at The Lubrinco Group.

Recording can be found on garritygraham.webex.com

Setting up a Mutual Fund

April 13th, 2010
11:00 a.m. 12:30 p.m. EST

  • Disclosure requirements - migrating from private to public disclosure
  • Practical issues with accounting and disclosure regulations
  • Service providers - how they help and assist fund companies comply with SEC regulations

Presented by: Tom Siedzik, Senior Vice President, Strategic Business Development, Bowne & Co., Inc

  • Role of the Fund Administrator: unregistered versus registered products
  • Areas of emerging capabilities
  • Current market trends and outlook for the future

Presented by: Keith Slattery, Senior Vice President, Fund Administration, State Street Global Services

  • What are the differences between a traditional hedge fund, a registered hedge fund and a mutual fund?
  • Converting an existing traditional hedge fund to a mutual fund.
  • Starting a mutual fund from scratch.
  • Things to watch out for for the hedge fund CCO who is now a mutual fund CCO.

Investor Due Diligence: Best practices, pitfalls and practicalities

Thursday, March 4, 2010 1:30 pm

Jeff Rathgeber, Pelorus

  • Commonly missed areas of diligence.
  • The New Model for conducting Due Diligence on a hedge fund.

Jon Lukomnik, Sinclair Capital

  • Lining up the "Four P's": Product, People, Process, Performance.
  • Performance is a lagging indicator.
  • Terminal uniqueness, the abuses of opacity and alcohol.
  • Finding legal and regulatory risk before it finds you.
  • Bad DD-what not to do.
  • Moving beyond the DDQ.
  • Free and low-cost DD resources that can save you a fortune.

Risk Management for Hedge Funds:

An overview of the risk management challenges faced by hedge funds today, including:

  • Market risk for hedge funds
  • Credit risk for hedge funds
  • Liquidity risk for hedge funds
  • Operational risk for hedge funds
  • Legal and regulatory risk for hedge funds

Moderator: Head of Banking and Financial Services Practice,Garrity Graham

Speakers include: David Koenig, CEO, The Governance Fund; Yury Dubrovsky, CRO, Lazard Asset Management Oleg Y. Movchan, CFA, President & Chief Risk Officer, VARA Capital Management, LLC

Garritygraham.webex.com

June 11, 2009 Directors & Officers: Being Prepared for the Fallout

Directors & Officers: Being prepared for the possible legal fallout from the current economic crisis

What are the risks that Directors and Officers currently face, and how have they changed in the recent economic turmoil? (Philippa Girling, Garrity, Graham, Murphy, Garofalo & Flinn, P.C.)

  • Shareholders, investors, partners and members claims
  • Customers, clients and consumer groups claims
  • Other third party claims
  • Regulatory investigations

What can D&O insurance cover do to protect you? (Bill Steers, Gunn, Steers & Company, LLC)

  • Why buy D&O Insurance;
  • D&O Insurance Challenges & Difficulties in securing coverage;
  • How to secure D&O Insurance;
  • What information are D&O Insurance Carriers asking for;
  • Current D&O Insurance Market Trends;
  • What types of coverages should be secured on a D&O Insurance Policy;

"We've been Sued! Now what?" (Thomas Flinn, Garrity, Graham, Murphy, Garofalo & Flinn, P.C.)

  • Are we insured?
    • If so, for what? Limits & defense expenses
    • Who will defend us?
    • What will the insuror do?
    • Policy Defenses:
      1. Prior Notice
      2. "Insured vs Insured"
      3. Fraud
  • If we are not insured, who will defend us and what should we do next?
  • Special Litigation Committees
    • Shareholder's demand
    • Who should be appointed
  • Litigation hold on documents/ESI

Directors & Officers: Being Prepared for the Fallout (recording)

Hedge Funds and Fraud: The Future of Due Diligence

Mar 19, 2009 Hedge Fund Fraud: The Future of Due Diligence Part 1 (recording)

Presented by Garrity Graham and PRMIA (Professional Risk Managers International Association: www.prmia.org)

  • The psychology of the gullible investor (Stephen Greenspan Ph.D., Clinical Professor of Psychiatry, University of Colorado)
  • The profile of a fraudster (James Tunkey, I-OnAsia)
  • A hedge fund insider's view (Samuel Won, Global Risk Management Advisors, Inc.)
  • The regulatory future for hedge funds (Esq., FRM, Garrity Graham)

March 19, 2009 Hedge Funds and Fraud: the Future of Due Diligence Part 2

Presented by Garrity Graham and PRMIA (Professional Risk Managers International Association: www.prmia.org)

The session will focus on the following topics:

  • The psychology of the gullible investor (Stephen Greenspan Ph.D., Clinical Professor of Psychiatry, University of Colorado)
  • The profile of a fraudster (James Tunkey, I-OnAsia)
  • A hedge fund insider's view (Samuel Won, Global Risk Management Advisors, Inc.)
  • The regulatory future for hedge funds (Esq., FRM, Garrity Graham)

March 19, 2009 Hedge Funds and Fraud: the Future of Due Diligence Part 3

Presented by Garrity Graham and PRMIA (Professional Risk Managers International Association: www.prmia.org)

The session will focus on the following topics:

  • The psychology of the gullible investor (Stephen Greenspan Ph.D., Clinical Professor of Psychiatry, University of Colorado)
  • The profile of a fraudster (James Tunkey, I-OnAsia)
  • A hedge fund insider's view (Samuel Won, Global Risk Management Advisors, Inc.)
  • The regulatory future for hedge funds (Esq., FRM, Garrity Graham)

Apr 16, 2009 Hedge Fund Regulation is Coming! How to Prepare (recording)

Apr 16, 2009 Hedge Fund Regulation is Coming! How to Prepare (slides)

The Garrity Graham Banking and Financial Services legal team will provide an overview and top tips on the practical next steps to take, including:

  • How to register with the SEC
  • How to prepare for an SEC visit
  • How to establish an AML program
  • How to establish a compliance program
  • How to establish an operational risk program
  • How to be best in class for due diligence

Speakers:

Esq., FRM, Head of Banking and Financial Services Practice
Wendy Lurie, Esq., Banking and Financial Services Team

Mar 19, 2009 Hedge Funds and Fraud: Presentation (pdf)

May 6, 2009 Pandemic Flu Preparedness (pdf)

May 6, 2009 Pandemic Flu Preparedness: What should you be doing today?

The essential elements of a pandemic flu preparedness and response plan (Peter Poulos, Executive Director, Business Continuity Management, Morgan Stanley)

  • Short term actions: what should you be doing now?
  • Medium and long term responses: what should you be doing to be better prepared if the current pandemic flu outbreak becomes worse?
  • Sources of information (public and private)
    • Communications: The Core Of The Preparedness Plan (Art Samansky, Communications Consultant, The Samansky Group)
    • Practical next steps (Head of Banking and Financial Services, Garrity, Graham, Murphy, Garofalo & Flinn, P.C.)
  • Your to do list
  • Staying on top of the situation

Managing The New Transparency of Legal Risk Post Basel II