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Peter J. Shea

Fax +1.212.536.3900

Mr. Shea represents a wide range of financial services clients, including mutual funds, exchange-traded funds, exchange-traded commodity pools, exchange-traded physically-backed commodity products (e.g., precious metal exchange-traded products), closed-end funds (exchange traded and privately offered), interval funds, periodic tender offer funds, fund of funds, fund of hedge funds, insurance-dedicated funds, alternative strategy and asset products, business development companies and hedge funds. Mr. Shea also represents investment advisers, commodity trading advisers, commodity pool operators, broker-dealers and independent fund directors. Mr. Shea’s practice involves the structuring, design, formation and on-going representation of ETFs, investment companies, commodity pools and private funds, including registration and exemption from registration of fund share offerings.

Mr. Shea has extensive experience obtaining exemptive orders and no-action relief from the SEC and the CFTC on behalf of funds, advisers and other industry participants, including exemptive orders and no-action relief for ETFs, affiliate transactions and manager of mangers orders, for the successful operation of various fund products and their advisers. His experience also extends to structuring fund products to avoid investment company status, including hedge funds, private equity funds, venture capital funds, REITs and asset-backed securitizations.

Mr. Shea also represents buyers and sellers of investment management businesses, including the acquisition and sale of mutual fund and ETF sponsors, which often involve fund shareholder proxy solicitations for, among other things, approval of changes in control of a fund’s adviser, changes in investment strategies and the election of new directors.

Mr. Shea also represents clients during regulatory inspections and examinations and assists them in developing regulatory compliance regimes, including conducting mock compliance reviews.

Before entering private practice, Mr. Shea served as a Staff Attorney in the Division of Enforcement of the Securities and Exchange Commission.

Professional/Civic Activities

  • American Bar Association, Business Law Section, Committee on Federal Regulation of Securities
  • Association of Securities and Exchange Commission Alumni
  • Association of the Bar of the City of New York

Speaking Engagements

  • Speaker, “Exchange Traded Product (“ETP”) Risks: What Endowment Investors Need to Know,” Webinar (June 20, 2018)
  • Panelist, “Insights Into Innovative Compliance Programs,” Ascendant Compliance 20/20 Conference, Charleston, SC, April 16, 2018
  • Panelist, “Oversight of Exchange-Traded Funds,” 2018 Fund Directors Summit, New York, NY, February 27, 2018
  • Panelist, “Exchange-Traded Funds: What Fund Boards Need to Know when Considering ETFs”, Webinar (May 26, 2016)
  • Panelist, “The Benefits of a Liquid Alts Product in a Portfolio,” Liquid Alpha Summit, New York, New York (July 29, 2015)
  • Panelist, “Alternative Mutual Funds: Challenges for Legal and Compliance Professionals,” Alternative Mutual Funds: Challenges for Legal and Compliance Professionals, New York, New York (April 1, 2015)
  • Panelist, “Regulatory Outlook for Liquid Alternatives and the Impact on RIAs,” Liquid Alternatives, Las Vegas, Nevada (October 14–16, 2014)
  • Presenter, Liquid Alts for Fund Managers, New York, New York (October 8, 2014)
  • Presenter, Liquid Alts for Fund Managers, New York, New York (October 1, 2014)
  • Panelist, Effective Fund Distribution Strategies, New York, New York (June 13, 2013)
  • Panelist, Pooled Vehicles: Entering the Retail Space, New York, New York (April 29, 2013)
  • Panelist | ETFs: Emerging Issues in a Down Market, New York, New York (March 4, 2009)
Mr. Shea has served as counsel in the following types of matters:

  • Formation, registration and compliance for exchange traded funds, mutual funds, closed-end funds and business development companies;
  • Creation and operations of hedge funds, distressed asset funds and other private investment vehicles;
  • Formation, registration and ongoing compliance requirements of broker-dealers and investment advisers;
  • Counsel to independent directors;
  • Obtaining SEC no-action and other exemptive relief;
  • Formation and financing of start-up companies;
  • Public and private equity and debt offerings, including initial public offerings, and public debt and equity exchanges; and
  • Ongoing regulatory compliance, SEC reporting and proxy solicitation requirements for public entities.