Derek Steingarten is an investment management group partner based in the firm’s New York office who represents a client base of U.S. and non-U.S. asset managers and funds, including hedge funds, ETFs, mutual funds and their boards of directors, investment consultants and others active in the investment fund industry. As part of his practice, he manages team-based delivery of legal advice to senior legal and business leaders of fund managers and advisory firms, providing proactive guidance related to SEC regulations and compliance initiatives to support business objectives. Areas of direct experience include:
- Investment Advisory: Legal advice related to investment products and strategies for institutional, retail and sub-advisory clients (e.g. IMAs, SMA Programs, sub-advisory arrangements, Form ADV/disclosures, marketing materials). Strategic advice and advocacy in response to examinations by the SEC and other regulatory agencies.
- Private, Registered & Offshore Funds: Structuring, offering and ongoing trading and operations of hedge funds and other active funds, including PPMs, subscription agreements, side letters and offering materials. Pre-launch and ongoing representation of SEC-registered funds (mutual funds, ETFs, CEFs and liquid alternative funds) including registration statements, annual reports, proxies and other materials filed with regulators. Coordination with offshore counsel for non-U.S. fund launches, including global master-feeder structures and offerings of non-US funds into the U.S. institutional market.
- Fund & ETF Boards: Hands on representation of affiliated and independent Boards of Directors for mutual funds, closed-end funds and ETFs, including extensive boardroom experience and ongoing work with senior executives to manage agenda items and run meetings.
- Corporate Structuring & Governance: Management and drafting work for all legal steps for the organization and ongoing governance of corporations, LLCs, partnerships, business trusts and other onshore and offshore vehicles established for asset management businesses.
- Negotiation & Advocacy: Advising and negotiating for clients in business alliance agreements, dispute settlement discussions, employment and consulting agreements, insurance, M&A transactions and other corporate matters.
- Marketing and Distribution: Legal and regulatory strategy for marketing products and services to institutional investors, including for hedge, private equity and other private funds, funds-of-funds, sponsored and sub-advised mutual funds, bank collective funds, and institutional separate accounts and managed account platforms.
- Vendor Relationships: Negotiating agreements and advising on many legal and compliance aspects of vendor management, including vendor informational reports and oversight.