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Areas of Practice
Professional Background
Professional/Civic Activities
Speaking Engagements
Bar Admissions
Education
Areas of Practice
Edward Eisert, a partner in K&L Gates' New York City office, focuses his practice on advising U.S. and non-U.S. financial institutions regarding investment management, financial products, joint ventures/mergers and acquisitions, and regulatory compliance.
Professional Background
Mr. Eisert was a Senior Vice President and the General Corporate Counsel and Corporate Secretary of Fiduciary Trust Company International, New York State chartered, FDIC insured bank, and subsidiary of Franklin Resources, Inc., from August 2002 to April 2007.
At Franklin Templeton, he advised senior management and the institutional, private wealth management, and investor services lines of business on legal matters, including those relating to asset management and banking mandates, financial products and services, securities and banking regulatory compliance, and litigation. Specific matters included global mandates for U.S. and non-U.S. institutions; structuring private equity real estate investment funds and investments in private investment fund products; marketing arrangements with non-affiliates; investment programs for the U.S. pension plan market; acquisitions of investment managers; development of an "open architecture" high net worth investment platform; side-by-side management of registered funds, private funds and separately managed accounts; use of affiliated registered funds in implementing investment mandates; and development and enhancement of securities and AML compliance programs.
Prior to Franklin Templeton, Mr. Eisert was a partner at a prominent New York law firm. At that firm, Mr. Eisert represented U.S. and non-U.S. diversified, global financial institutions, investment firms and institutional investors, primarily with regard to investment management matters, capital markets/structured finance matters, joint ventures/mergers and acquisitions matters, and securities regulatory matters. His investment management practice included the structuring of U.S. and non-U.S. private investment funds (e.g., hedge funds, funds of funds, private equity and venture capital funds with respect to a broad range of asset classes); the representation of sponsors of, and institutional investors in, private funds; and the negotiation of separately managed account mandates. His capital markets/structured finance practice included the structuring of cross-border securities offerings and structured note and bond programs. His joint ventures/mergers and acquisitions practice included the structuring and operations of global and U.S. joint ventures in investment management; management “lift-outs;” and acquisitions and mergers of investment management firms. He also represented issuers, investors, underwriters and placement agents in public and private securities offerings, private equity investments and merger and acquisition transactions. His securities regulatory practice included the structuring and operations of investment advisers and broker-dealers; asset management and custody activities (including global joint ventures and compliance programs); the side-by-side management of registered funds, private funds and separately managed accounts; and the discretionary use of affiliated funds.
Mr. Eisert began his career as a law clerk to the Honorable Charles L. Brieant, U.S. District Court, S.D.N.Y.
Professional/Civic Activities
- The Economic Club of New York: Member, 2009-present
- Lawyers Advisory Committee to the Managed Funds Association: 2009-present
- New York Small Business Venture Capital Fund LLC: Member of Board, 1998-2004
- American Bar Association: Federal Regulation of Securities Committee, 1982-present; Subcommittee on Investment Companies and Advisers, 1992-present; Subcommittee on Private Equity and Venture Capital, 2008-present; Banking Law Committee 2007-Present; Subcommittee on Annual Review of Securities Regulation, 1982-1989
- NY State Bankers Association: Legislative and Regulatory Policy Committee, 2003-2007; Lawyers Advisory Committee, 2003-2007
- International Bar Association
- New York State Bar Association
- New York City Bar Association
- N.Y.U. Law Alumni Association: Member of Board, 1990-present
Speaking Engagements
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"An Overview of the Dodd-Frank Act and Its Effect on Investment Advisers," Moderator, K&L Gates Financial Services Reform Seminar, July 28, 2010.
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"Alternative Analysts' Forum: Ready, Set, Regulate: How Regulation is Changing the Hedge Fund Industry," Moderator, New York Society of Securities Analysts, April 8, 2010.
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"Overview of the Investment Management Industry," 2009 Investment Management Training Seminar, December 8, 2009.
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"The Current and Future State of the Hedge Fund Industry: Business Perspective," October 29, 2009
- "Global AML Seminar," Deloitte AML Strategic Leadership Group, January 13, 2009
- "Overview of the Investment Management Industry," 2008 Investment Management Training Seminar, December 3, 2008
- "How to Prepare for an SEC Examination," November 12, 2008
- "Integrated vs. Stand-Alone AML Programs," Deliotte AML Strategic Leadership Group, September 24, 2008
- "Bank Collective Trust Funds - What You Need to Know," September 2008
- "Hedge Funds and the U.K.: A Cross-Border Dialogue on Current Issues and Recent Developments," April 28, 2008
- "Critical Regulatory Issues for International Fund Managers and Investment Advisers," London Symposium, February 1, 2008
- "Anti-Money Laundering - Where Do Investment Advisors Fit In?," The 8th Annual Investment Advisor Compliance Forum, May 30, 2007
- "Designing & Conducting Productive Compliance Training Sessions," The 8th Annual Investment Advisor Compliance Forum, May 30, 2007
- "Hedge Funds of Funds Formation," November 2001
Publications
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Co-author, "Private Investment Fund Investment in Cleantech, Alternative Energy and Carbon Products: Legal and Regulatory Considerations" in Energy and Environmental Project Finance Law and Taxation - New Investment Techniques, Oxford University Press, Inc. (2010)
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"The Impact of the Dodd-Frank Act on Registered Investment Companies," August 6, 2010, Financial Services Reform Alert
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"Congressional Overhaul of the Derivatives Market in the United States" July 21, 2010, Financial Services Reform Alert
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"Increased Regulation of U.S. and Non-U.S. Private Fund Advisers Under the Dodd-Frank Act," July 9, 2010, Financial Services Reform Alert
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"Senate Financial Reform Bill Would Dramatically Step Up Regulation of U.S. and Non-U.S. Private Fund Advisers," June 8, 2010, Financial Services Reform Alert
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"New Dodd Bill Would Dramatically Step Up Regulation of Private Fund Advisers," March 23, 2010, Investment Management Alert
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"New York Statute Endangers a Wide Variety of Corporate, Commercial and Financial Documents," September 25, 2009, Corporate Alert
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"A New Playing Field for the Banking Industry: the National Banking Supervisor and Systemic Risk," August 11, 2009, Capital Markets Reform Group Update
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"The Obama Administration's Proposal for the Registration of Investment Advisers to Private Investment Funds: The Private Fund Investment Advisers Registration Act of 2009," July 23, 2009, Investment Management Alert
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"Capital Markets Reform: The Marathon Starts with a Sprint," July 21, 2009, Capital Markets Reform Group Update
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"Can We All Get Along? - Administration Urges Futures and Securities Harmonization," June 22, 2009, Public Policy Alert
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"There's Something About Hedge Funds," March 30, 2009, New York Law Journal
- "Regulatory Implications of Goldman Sachs and Morgan Stanley Becoming Financial Holding Companies," November 17, 2008, Global Financial Markets - Legal, Policy and Regulatory Analysis, Volume 1 Issue 3
- "The Treatment of Total Return SWAPS Under the Securities Exchange Act of 1934 CSX v. The Children's Investment Fund Management (UK) LLP, et al," Fall 2008, Investment Management Update
- "SEC and FASB Relax Fair Value Rules; Controversy Continues," October 24, 2008, Global Financial Markets — Legal, Policy and Regulatory Analysis, Volume 1 Issue 2
- "SEC and FASB Relax Fair Value Rules," October 10, 2008, Investment Management Alert
- "Non-Controlling Investments in Banking Institutions and their Holding Companies," October 7, 2008, Depository Institutions Alert
- "Federal Reserve Relaxes Definition of Control under Bank Holding Company Act," October 6, 2008, Global Financial Markets - Legal, Policy and Regulatory Analysis, Volume 1 Issue 1
- "Global Investment Managers Benefit Under Proposed Revisions to Cross-Border Regulation of Business Transactions and Beneficial Ownership Reporting Rules," September 2008, The Investment Lawyer
- "Recent SEC Broker-Dealer Cross-Border Initiative - Time to Reassess Your Rule 15a-6 Arrangements and Procedures?," July 10, 2008, Broker-Dealer Alert
- "CSX Ruling Creates Reporting Uncertainty for Equity Derivatives Market," June 20, 2008, Hedge Funds and Derivatives Alert
- "President's Working Group Committee Reports on Best Practices for Hedge Funds," May 30, 2008, Hedge Funds Alert
- "Bank - Broker "Push-Out" Rules: Analysis of Regulation R Implementation," January 2008, Investment Management Practice White Paper
- "Overview of Financial Modernization Legislation from a Securities Regulatory Perspective: Broker-Dealer and Investment Management Activities," May 1, 2000, Banking Policy Report
- "Understanding the Banking Industry Under the Gramm-Leach-Bliley Act," February 22, 2000, Banking Policy Report
Interviews
- "Fostering a Culture of Compliance: a Former in-House Lawyer's Perspective." June 4, 2007, IM Insight
Bar Admissions
Education
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J.D.,
New York University School of Law
(1973)
(New York University Law Review, note and comment editor)
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A.B.,
Cornell University
(1969)
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