Regulatory Issues for Real Estate Fund Advisors
Listen in as we look closely at regulatory issues impacting real estate fund advisors. Topics included SEC and FINRA 2021 examination priorities, regulatory guidance on disclosure best practices from the SEC, and the expected impact of new leadership within the SEC. We also revisited the implementation of Reg BI and cover other timely topics that should be top-of-mind for real estate fund advisors.
Alice ConnaughtonPartner, Morrison & Foerster LLP
Alice Connaughton is a partner in Morrison & Foerster’s REIT and Corporate Finance | Capital Markets practice. Ali’s practice focuses on representing public and private companies, including real estate investment trusts (REITs) and other direct participation programs, in a variety of corporate and securities matters, including, among other things, public and private securities offerings and tender offers. Ali regularly advises boards of directors, audit committees, and management with respect to strategic matters and corporate governance issues. Ali also routinely counsels public company clients with respect to complex regulatory matters, compliance with federal and state securities laws, corporate governance and general corporate matters. She has represented several of the leading sponsors of public, non-listed REITs in connection with more than $20 billion in public offerings.
Ali has been recommended as a leading lawyer in Chambers USA for REITs since 2014. She is a member of the board of directors of the IPA and also serves on the Policy, Regulatory and Legal Affairs Committee and the Industry Products Committee of the IPA. Ali’s commitment to the REIT industry allows her to be completely dialed-in to regulatory developments and emerging trends, making her a trusted advisor to clients and a frequent speaker on topics impacting the industry.
Christopher RobertsonPartner, Seyfarth Shaw LLP
Mr. Robertson is a member of the Complex Litigation, Securities and Investment Management practice areas in the Boston Office of Seyfarth Shaw LLP. His areas of practice include securities litigation and counseling, complex commercial and financial litigation, broker-dealer compliance and litigation, consumer and securities class action defense, mergers and acquisition litigation, whistleblower investigations and litigation, false claims litigation, regulatory compliance, corporate governance matters and internal investigations.
He has defended and advised corporations, broker-dealers, investment advisers, banks, hedge funds and their officers, directors and employees in connection with class actions, derivative and private litigation, FINRA and AAA arbitration claims, false claims and whistleblower litigation and administrative proceedings, as well as audits, investigations, arbitrations and litigation commenced by federal and state authorities, regulators, shareholders and employees.
He has handled matters in the federal and state trial and appellate courts, as well as before the U.S. Congress, U.S. Department of Justice, the Securities and Exchange Commission, the Federal Trade Commission, OSHA, FINRA, the New York Stock Exchange, and state securities and consumer protection agencies. Prior to joining Seyfarth Shaw, Mr. Robertson was Senior Counsel with the SEC’s Division of Enforcement in Washington, D.C., where he investigated and litigated, among others, accounting, insider trading, investment management, corporate misconduct, investment adviser and broker-dealer matters.
Mr. Robertson served as the co-chair of the Securities Law Committee of the Boston Bar Association and has written and spoken frequently on securities and compliance, class action defense, whistleblower matters, SEC, Dodd-Frank, Sarbanes-Oxley and regulatory issues. Mr. Robertson is a graduate of Harvard University and Washington & Lee University School of Law. Mr. Robertson is also a member of the Association of Securities and Exchange Commission Alumni and was a founding Chair of the New England Chapter of the Securities and Exchange Commission Historical Society.
Jason GoodePartner, Alston & Bird LLP
Jason Goode has more than a decade of industry-focused practice representing companies (including REITs) in their fund formation, public securities offerings, and private placements. Jason also represents corporations and private equity firms in acquisitions, divestitures, mergers, financings, and leveraged buyouts. He regularly advises boards of directors on corporate governance issues and also counsels broker-dealers on compliance with applicable FINRA rules. He is a frequent speaker on securities and corporate governance issues.
Jason influences the real estate industry through his leadership with the Institute for Portfolio Alternatives (IPA), where he is the co-chair for the Policy and Government Affairs Committee and is the former chair of the Legal and Regulatory Committee. He interviewed Robert Telewicz, a top official at the SEC, during IPAVision 2020. Jason serves as a director of ACG Atlanta, a chapter of the Association for Corporate Growth, and as vice-chair of M&A South (formerly ACG Capital Connection), the premiere networking event in the South for deal makers.
Kristin Rice-GonzalezPartner, Baker McKenzie LLP
Kristin Rice-Gonzalez is a partner in the Chicago office and is experienced in fund review and formation, mergers and acquisitions, investment adviser compliance and general corporate law, with an emphasis on real estate, secondary transactions and fund-of-funds. Kristin focuses her practice on alternative investment fund matters, advising clients on the structuring and formation of, and investment in, international and domestic private investment funds, including private equity funds, and fund-of-funds. She also advises clients in connection with their investment activities and legal issues, including issues concerning FINRA regulations, the Investment Advisers Act of 1940 and the Investment Company Act of 1940. Ms. Rice-Gonzalez has represented well-known investors in international and domestic private funds and fund-of-funds. She has also represented domestic and foreign broker dealers and investment advisers in filings before the SEC and FINRA.
Sam WaldonPartner, Proskauer Rose LLP
Sam Waldon is a partner in the Litigation Department and a member of the Asset Management Litigation and Private Funds Groups. Sam’s practice focuses on securities litigation, enforcement and regulatory matters, with a focus on representing asset managers.
Before joining Proskauer, Sam served as Assistant Chief Counsel in the SEC’s Division of Enforcement for eight years. In that role, Sam helped develop and implement many of the Division’s policies and procedures, and advised the Division’s senior leadership, investigative staff and trial unit attorneys on a wide range of legal and policy issues. He regularly provided guidance on the terms of negotiated settlements and charging decisions in litigated matters. Sam also worked closely with staff in other Divisions and Offices throughout the SEC on enforcement related issues.