MARHedge Cayman
Hedge Fund Best Practices: Operations and Regulatory Compliance
December 3 - 5, 2006
The Ritz Carlton, Grand Cayman
Sunday, December 03, 2006
7:30
Golf Tournament - Sponsored by the Cayman Islands Stock Exchange
Blue Tip Golf Course - This Greg Norman Signature designed 9-hole, 3516 yard “Caribbean Monster” will provide a challenging and enjoyable round to golfers of all skill levels. Water will come into play on 8 of 9 holes with a dramatic island green par 3 finish. Blue Tip’s yardage ranges from 2650 to 3516 yards and offers varied lines of play and forced carries.
6:00
Opening Cocktail Reception - Sponsored by the Bermuda International Business Association
Monday, December 04, 2006
7:30
Registration & Exhibits Open
8:00
Continental Breakfast
8:30
Welcome Address
Mindy Rosenthal, Conference Editorial Director, MARHedge, New York
8:45
Keynote Address
Bernard Bachmann, Head of Operational Due Diligence, RMF Investment Management, Switzerland
9:30
Global Regulatory Outlook
A diverse panel of regulators will explore the regulatory landscape and potential areas of concern in 2007, including the impact of existing and proposed regulations as well as emerging issues and conflicts.
David Brown, JD, Bureau Chief, Investment Protection, Office of Attorney General, Eliot Spitzer
Dan Driscoll, EVP and CCO, National Futures Association (NFA)
Roseanne Kelly, Head of Investment Fund Listing, The Irish Stock Exchange
Andrew Shrimpton, Head of Hedge Fund Manager Supervision, Financial Services Authority ( FSA)
10:30
Coffee Break - Sponsored by Conyers Dill & Pearman
11:00
SEC Registration/Examinations Update
June 23rd, the US Court of Appeals for the District of Columbia Circuit struck down the Securities and Exchange Commission's controversial rule expanding oversight of hedge fund advisors, and in August the SEC announced it won't appeal the ruling. This panel will look at the implications of the ruling as well as follow how registration exams are proceeding. Additionally, representatives of offshore jurisdictions, such as CIMA and BIMA, will report on how aggressive the SEC has been in seeking proprietary info from administrators on investors or books and records, what they are looking for and if this is impacting costs to registration.
Moderator: Walter C. Zebrowski, JD, CPA, Chairman, Regulatory Compliance Association
Barnard Adams, JD, General Counsel & CCO, ARX Investment Management, LP
Simon Lorne, JD, Vice Chairman and CLO, Millennium Partners
Jill Zelenko , CPA, CFO/CRO, , EnTrust Capital Inc.
12:00
Enforcement Actions: What Most Concerns the SEC
Case studies of recent enforcement actions will be reviewed to show what attracted the SEC and what managers should and shouldn’t do when they are flagged for possible violations.
Moderator: Harry Davis, JD, Partner, Schulte, Roth & Zabel
Peter Bresnan, Deputy Director of Enforcement , Securities and Exchange Commission
David Brown, JD, Bureau Chief, Investment Protection, Office of Attorney General, Eliot Spitzer
Rajni Narasi, JD, VP and CCO, DKR Capital Partners
Thao Ngo, JD, ReedSmith LLP, San Francisco, CA
Compensation
Managers and compensation experts will discuss how to properly compensate key officials to encourage low turnover and align their interests with those of investors.
Moderator: Marie DeFalco, JD, Partner, Lowenstein Sandler PC, New York and New Jersey
Kip Allardt, CCO, Discovery Capital Management
Jim Christian, Senior Managing Consultant, Optcapital, Charlotte, North Carolina
Thomas Roth, Vice President, Pearl Meyer & Partners, MA
1:30
Featured Lunch Speaker
Westley Chapman, Vice President, Head of Operational and Business Due Diligence, Goldman Sachs Hedge Fund Strategies LLC, New York
2:30
Due Diligence
Fund of Funds will relay how they evaluate managers from a due diligence/risk management perspective. They will detail the most common mistakes they find, and the impact of any remedial action they take, for example, a cost/benefit analysis in terms of cash outlay, time spent, reduced regulator intrusion(s) and missed investments.
Moderator: Jeffrey Cobb, JD, Senior Member, Cobb & Eisenberg LLC, Conn.
Fabrizio Ladi, Head of Due Diligence & Portfolio Manager, Systematic Absolute Ruturn AG, Zurich
Jim O’Hara, Director of Operational Due Diligence, Lighthouse Investment Partners, LLC, Palm Beach Gardens, FL
Alan Swersky, CPA, COO – North America, Olympia Capital Management, New York
Determining Fund Fee Structures
A look at what goes into the decision-making process when it comes to instituting and setting hurdles, high water marks, side pockets, lock-ups, management and performance fees.
Moderator: Tim Selby, JD, Partner, , Alston & Bird LLP, New York
Robert Birnbaum, President and COO, Third Wave Global Investors, Greenwich, CT
Craig Fulton, Associate, Conyers Dill & Pearman, Grand Cayman
Paul Tiranno, Head of Operational Due Diligence, ING Alternative Asset Management, New York
4:00
Case Study of A Hedge Fund Blowup
Learn to identify what should be considered early warnings of potential trouble. Understand how cross-jurisdictional issues are addressed.
Moderator: Douglas Hirsch, JD, Partner, Sadis & Goldberg LLC, New York
Scott Berman, Friedman Kaplan Seiler & Adelman LLP, New York
Tuesday, December 05, 2006
7:30
Registration & Exhibits Open
Continental Breakfast
8:45
Keynote Speaker Address
Andrew Shrimpton, Head of Hedge Fund Manager Supervision, Financial Services Authority ( FSA)
9:30
How To Manage and Mitigate Compliance Risk
A look at how to implement and maintain compliance infrastructure to effectively address e-mail retention and monitoring, advertising and performance, account documentation and private placement compliance, anti-money laundering, portfolio management & trading, best execution, soft dollars and books and records.
Moderator: Martin Schwartz, JD, CCO, Millennium Partners
Rajni Narasi, JD, VP and CCO, DKR Capital Partners
James J. Shannon, COO, Private Advisors
Christy Stagemeyer, Assistant General Counsel, Alternative Investment Group, Bank of America
Bibb Strench, Partner, Sutherland Asbill & Brennan LLP, Washington, D.C.
Ashleigh Swayze, JD, Gleacher Fund Advisors
11:00
Valuation Practices and Procedures
Managers will detail the protocols firms use to value illiquid securities, for example private equity investments in side pockets, and the role of independent directors, administrators and auditors in fair value pricing.
Moderator: George Mazin, JD, Partner, Dechert
Jeffrey Barnett, Chief Operating Officer and Partner, Granite Point Capital, Boston
Maury Cartine, JD, CPA, Executive Vice President , Bisys-RK Alternative Investment Services Inc., New Jersey
Dan Driscoll, EVP and CCO, NFA
David Momborquette, JD, Partner, Schulte Roth & Zabel
12:00
Third-party Service Provider Due Diligence.
Many managers look to outsource functions in which they cannot or wish not to perform on their own. In doing so, many place much “trust” and not enough “verify” into these relationships. Panelists will dig into issues including
• What makes a good administrator, custodian and Prime Broker?
• How realistic is it to expect best-practices level service such as obtaining a full copy of their BCP and the most recent testing report.
• How realistic is it to expect proof that they are indeed performing each and every aspect of ones contract such as providing regular reports verifying they are conducting the requisite AML checks.
• Automation of procedures- what is the state of integrating different operations systems such as trade data, position data, NAV mark data, general B&R, investor extracts and other compliance testing.
Moderator: Kip Allardt, CCO, Discovery Capital Management
Marc Baum, CCO, Ramius Capital
Jim Pritchard, CIO, Lewiston Capital Partners LLC, Colo.
Regina Thoele, VP of Compliance, NFA
The Role of Independent Directors
Institutional Investors are increasingly pushing for funds to have independent directors for corporate governance reasons though they are not always required by jurisdictions, for example in Grand Cayman. Allocators will discuss the importance of IDs when selecting a fund; what falls under the ID’s responsibility; who bears the cost of having IDs; what should the qualifications be; and how does the inclusion of IDs or not impact the roles of affiliated directors.
Moderator: Leslie Lake, JD, Director, Durus Funds
Nathan Green, JD, Shearman Sterling
Gary Lindford, Former Head Investment & Securities Division, CIMA
Allison Nolan, Managing Director, Athena International Management Ltd, Grand Cayman
1:40
Featured Lunch Speaker
Joel Press, COO, Festina Lente Investment Management LP
2:30
Offshore Jurisdictions Update
A look at the initiatives coming from offshore havens such as Grand Cayman, Bermuda, Dublin and others.
Moderator: Drew Chapman, Partner, Sonnenschein, Nath & Rosenthal LLP, New York
Robert Chin, Chief Executive Officer, ATC Fund Services, Netherlands Antilles
Yolanda McCoy, Head, Investment & Securities Division, Cayman Islands Monetary Authority (CIMA)
Cheryl Packwood , CEO, Bermuda International Business Association (BIBA)
The Use of Separately Managed Accounts
Panelists will delve into considerations when choosing or not to offer customized accounts for key investors.
Moderator: Alexandra Poe, Partner, WilmerHale, New York
Lance Friedler, Partner, McCarter & English, LLP, New York
Mark Schein, Chief Compliance Officer and Senior Vice President, York Capital Management, New York
Andrew Stewart, Chief Compliance Officer and Head of Business Development , FRM Americas LLC, New York