Advises private equity managers, hedge fund managers, venture capital fund managers and family office clients on regulatory, compliance and operational matters.
Extensive experience designing and improving legal and compliance programs, processes and organizational systems.
Regularly represents clients in enforcement actions, regulatory examinations, investigations, operational and trading inquiries and in seeking no-action or similar relief.

Brian advises fund managers on the full spectrum of regulatory, compliance and operational matters. He has extensive experience helping clients navigate regulatory examinations and crises, and with mapping out their regulatory compliance obligations under the rules and regulations of the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the National Futures Association (NFA) and numerous futures exchanges.

Brian also regularly represents clients in regulatory examinations, enforcement actions, investigations, contentious matters, operational and trading inquiries, management company transactions and in seeking no-action or similar relief.

Having spent nearly a decade in-house as general counsel and chief compliance officer at several global investment management firms, Brian is well versed in the wide range of legal and business challenges facing investment advisers, commodity pool operators and commodity trading advisors.

Brian is a recognized leader in advising alternative investment fund managers on regulatory and compliance matters. Chambers Global and Chambers USA list Brian as a “leading individual” in investment funds. Routinely interviewed by leading media outlets, Brian was recently quoted by The Wall Street Journal and Financial Times on the SEC’s new Private Funds Rule. Brian is a member of the Managed Funds Association’s Board of Directors, Outside Counsel Forum and its CTA/CPO Forum and of the Alternative Investment Management Association’s CFTC Working Group.

"Brian is excellent, superbly responsive and offers practical advice with sound judgment."

Chambers USA, 2022

Education
J.D., Stanford Law School, with distinction, 1996

Bar Admissions
New York

Recognitions

The American Lawyer, Northeast Trailblazer.
Chambers Global, Investment Funds: Regulatory & Compliance: USA, Band 1.
Chambers USA, Investment Funds: Regulatory & Compliance, Band 1.
The Legal 500 US, Investment Fund Formation and Management and Alternative/Hedge Funds.
Who’s Who Legal: The International Who’s Who of Private Funds Lawyers.
“In-House Lawyering: Ethics and Professional Responsibility,” Visiting Lecturer, Yale Law School, 2012-2017.

Affiliations and Public Service

Board of Directors, Managed Funds Association
Elected to the Fellows of the American Bar Foundation
Member, Private Investment Funds Committee, New York City Bar Association
Merit Badge Counselor, Boy Scouts of America

Speeches and Publications

“Fireside Chat: US Regulatory Impact for Asia Fund Managers,” Bank of America Asia Hedge Fund Leaders Forum 2024, April 2024.
“New Challenges for Private Fund Managers,” Akin AI Summit, February 2024.
“Private Fund Regulatory Developments and Compliance Challenges 2024,” Practicing Law Institute, January 2024.
“Evolution or Revolution? An Ever-Changing Regulatory Landscape,” Kroll's Annual Global Regulatory Outlook Event, November 2023.
“Private Fund Adviser Rules,” UBS Client Regulatory Roundtable, September 2023.
“New SEC Private Fund Adviser Rules,” MFA First Look, August 2023.
“Regulatory Update (Public Markets: Hedge Funds): Examination priorities, proposal insights and what comes next,” Goldman Sachs Alternative Asset Managers Insights Forum, May 2023.
“The Recap,” MFA Legal & Compliance, May 2023.
“Reg Ahead 2023 & Beyond,” Goldman Sachs Prime Consulting Singapore Conference, March 2023.
“Reg Ahead 2023 & Beyond,” Goldman Sachs Prime Consulting Hong Kong Conference, March 2023.
“SEC Regulatory Proposals: What’s the Latest and How Should You Respond?” Goldman Sachs Prime Services LEAD L&C Webinar, November 2022.
“Crypto Assets: Enforcement Actions & Assessing the Nature of Crypto Assets,” MFA General Counsel Forum, October 2022.
“SEC Sweep of Adviser Compliance on Electronic Communications,” MFA General Counsel Forum, October 2022.
“APAC Regulatory Issues to Bear in Mind: Updates,” AIMA APAC Annual Forum, September 2022.
“Anticipatory Private Fund Management,” Akin Funds Conference, September 2022.
“State of Regulatory Affairs,” Akin Funds Conference, September 2022.
“The SEC’s ESG Proposal: The Private Fund Manager Impact,” Akin Webinar, May 2022.
“It’s Raining Regs,” UBS Global Markets COO Summit, May 2022.
Preparing Your Fund for Overseas Investing,” PLI 23rd Annual Private Equity Forum, April 2022.
“What’s Next on the Regulatory and Enforcement Agenda,” MFA West Conference, March 2022.
“Understanding and Responding to the New SEC Proposals,” Goldman Sachs 2022 Legal and Compliance Webinar Series, February 2022.
“Marrying Quant and Cryptocurrency Investments,” HFM U.S. Quant Summit, February 2022.
“U.S. Regulatory Updates,” Goldman Sachs Reg Ahead 2022 & Beyond Conference, January 2022.
Private Equity Funds, Formation and Operations, chapter contributor, 2013-2021.
Insider Trading Law and Compliance Answer Book, Practicing Law Institute, chapter contributor, 2019-2021.
Hedge Funds: Formation, Operation and Regulation, chapter contributor, 2013-2021.
“The Current State of SEC Exams,” Goldman Sachs Prime Services Global Hedge Fund Leaders Conference, October 2021.
“Branch Offices and the New Normal,” AIMA Legal and Compliance Committee, July 2021.
“CFTC Enforcement and NFA Exams: Crypto, Position Limits and Spoofing,” MFA Legal & Compliance, July 2021.
“SEC Inspections: New Focus on APAC,” AIMA APAC Webinar, July 2021.
“Reg Ahead 2021,” Goldman Sachs Asia Prime Brokerage Conference, January 2021.
“EU and U.S. Regulatory Outlook,” UBS EMEA Hedge Fund COO Virtual Conference, November 2020.
MFA Chief Compliance Officer Forum Videoconference, July 2020.
“What LPs Should Expect from GPs,” The Regulatory Fundamentals Group Webinar, June 2020.
Morgan Stanley COO Conference, October 2019.
Goldman Sachs Asia Hedge Fund Leaders Conference, May 2019.
“Regulatory Reporting and Enforcement Guidance,” MFA Legal & Compliance, April 2019.
“U.S. Regulatory Update,” Morgan Stanley Seminar, Hong Kong, November 2018.
“Regulatory Considerations for Quantitative & Algorithmic Managers,” Morgan Stanley Seminar, Hong Kong, November 2018.
“The New Era of Corporate Citizenship & Governance: Revamping Internal Policies to Protect the Firm,” Corporate Counsel 12th Annual Hedge Fund General Counsel and Compliance Officer Summit, September 2018.
“Quants v. Silicon Valley: Is the Tide Turning in the Battle for Brainpower?” HFM CTA Intelligence U.S. Breakfast Briefing, June 2018.
“GDPR’s Impact on U.S. Fund Managers, Morgan Stanley Prime Brokerage Roundtable Breakfast, May 2018.
“Quantitative, Systematic and Algorithmic Trading: Regulatory Pitfalls and Concerns,” PLI Hedge Fund and Private Equity Enforcement & Regulatory Developments 2017, November 2017.
“Legal and Operational Aspects of Potential Blockchain Applications in the Derivatives Markets,” MFA OTC Derivatives Forum, November 2017.
“Will Investors Push a MiFID II Agenda in the U.S.?” HFMWeek Countdown to MiFID II for U.S. Managers, October 2017.
“SEC OCIE Exam Update,” MFA COO Forum, October 2017.
Goldman Sachs 20th Annual Hedge Fund Conference, May 2017.
Moderator, “Investment Management Priorities,” MFA Legal & Compliance Conference, May 2017.
Bank of America Merrill Lynch Prime Brokerage Conference, March 2017.
“Business Continuity/Disaster Recovery,” Morgan Stanley Chief Operating & Chief Financial Officer Forum, October 2016.
“Market Structure Update,” MFA Compliance Conference, May 2016.
“Market Abuse and Insider Dealing,” UBS Breakfast Roundtable, March 2016.
“Update on U.S. Insider Trading Law and the 2016 Examination Priorities of the SEC and CFTC,” Morgan Stanley Compliance Roundtable, Hong Kong, February 2016.
“Compliance & SEC Exam Prep,” Bank of America Merrill Lynch Annual Emerging Manager COO/CFO Conference, November 2015.
“Hedge Fund and Management Company Structures,” NFA National Examination Staff Training Program, July 2015.
“Effective Trading Compliance,” MFA Compliance Conference, May 2015.
“Legal and Accounting Update,” State Street Hedge Fund Client Advisory Council, May 2015.
Chair, “Living with a Regulatory Creep,” KPMG Cayman Alternative Investment Summit, February 2015.
“CFTC Position Limits: Their Application and Pitfalls,” The Regulatory Fundamentals Group Webinar, February 2015.
“CPO and CTA Annual Reviews and Examinations: Current Trends,” PLI Webinar, February 2015.
“CFTC-Related Compliance Challenges and Regulatory Developments,” PLI Hedge Fund Compliance & Regulatory Challenges, January 2015.