Brad L. Caswell focuses his practice on counseling hedge and private equity funds on operational, regulatory and compliance matters. He provides guidance to clients on a broad range of issues including those related to the U.S. Investment Advisers Act, other federal, state and self-regulatory organization requirements, and securities trading rules in the U.S. Brad also provides guidance to clients with operations in Hong Kong, Japan and other markets throughout Asia and the United Kingdom, with respect to regulatory, compliance, trading and operations.

With 12 years of in-house experience including as general counsel and chief compliance officer of investment advisers ranging from multi-billion dollar funds to startups, and his experience in the asset management group of a leading investment bank, Brad offers a valuable perspective on investment management operations and compliance issues. He is a 1996 graduate of Boston College Law School and a 1992 graduate of Georgetown University.

Representations

Served as general counsel and chief compliance officer of a global multi-strategy adviser with over $3 billion in AUM and offices in the United States, Asia, Europe and Middle East, and was responsible for all legal and compliance matters including managing a 10-member legal/compliance team and network of outside counsel.

Launched a multi-strategy adviser’s U.K., Hong Kong and Sydney offices, oversaw offices in the U.S., Israel and Japan, and coordinated the firm’s effort to gain access to additional markets, including India, Korea and emerging markets across Asia.

As chief compliance officer of a global multi-strategy adviser, conducted global compliance training for all employees and implemented all compliance policies and procedures on a day-to-day basis.

Represented private fund managers in examinations and regulatory matters before the U.S. SEC, Hong Kong SFC, and Japan FSA and has overseen mock SEC audits, including reviews of adviser operations/internal controls, management interviews and implementation of recommendations.

Launched and coordinated day-to-day legal matters for numerous hedge funds and managed accounts across strategies, including long/short, global macro, credit, event-driven, multi-strategy, commodities, quantitative strategies and funds-of-funds.

Publications

Private Equity Funds: Formation and Operation (Practising Law Institute), 2018 (contributor)

“New Form ADV: The Impact on Private Fund Advisers,” SRZ Alert, Sept. 19, 2016 (co-author); republished in The Hedge Fund Journal, September 2016

“The New AML Rules: Implications for Private Fund Managers,” SRZ Alert, Sept. 8, 2015 (co-author); republished in The Hedge Fund Journal, Sept. 24, 2015

“JOBS Act Update: CFTC Relief Removes Impediment to General Solicitation,” SRZ Alert, Sept. 11, 2014 (co-author); republished in The Hedge Fund Journal, September 2014

“SEC Releases a Second Installment of ‘Bad Actor’ Rule Guidance,” SRZ  Alert, Jan. 22, 2014 (co-author)

Hedge Funds: Formation, Operation and Regulation (ALM Law Journal Press), 2013-2014 (contributor)

“SEC Releases ‘Bad Actor’ Rule Guidance,” SRZ Alert, Dec. 11, 2013 (co-author)

“Reminder for Fund Managers on the November 20 Identity Theft Red Flags Rules Deadline,” SRZ Alert, Nov. 6, 2013 (co-author)

“The SEC’s JOBS Act Rulemaking: What It Means for Private Fund Managers,” SRZ Alert, July 24, 2013 (co-author)

“How Should Hedge Fund Managers Approach the Identification, Prevention, Detection, Handling and Correction of Trade Errors? (Parts One, Two and Three),” The Hedge Fund Law Report, March 2013 (quoted)

“The SEC's New 'Presence Exams,'” The Investment Lawyer, December 2012 (co-author)

“The Long View: Why Working Through Every Item on an Extensive Checklist May Obscure the Bigger Risks – Particularly Conflicts of Interest,” HFMWeek, Nov. 21, 2012 (co-author)

“SEC Announces ‘Presence Exams’ for Newly-Registered Investment Advisers,” SRZ Alert, Oct. 9, 2012 (co-author)

“The Long View: How Hedge Fund Advertising Has Been Impacted by the JOBS Act,” HFMWeek, Aug. 23, 2012 (co-author)

“EEOC Issues New Guidance Regarding Applicants and Employees with Criminal Records,” SRZ Alert, June 12, 2012 (co-author)

“The Long View: U.S. Regulation of Private Fund Managers, Beyond Dodd-Frank,” HFMWeek, May 8, 2012 (co-author)

“Registration of Investment Advisory Affiliates,” The Harvard Law School Forum on Corporate Governance and Financial Regulation, Feb. 24, 2012 (co-author)

“The Long View: An Overview of the Key Pieces of U.S. Regulation Set to Impact Private Fund Managers in 2012,” HFMWeek, Feb. 2, 2012 (co-author)

“SEC Staff Issues Guidance on Registration of Investment Advisory Affiliates,” SRZ Alert, Jan. 23, 2012 (co-author)

Speaking Engagements

“Regulatory Compliance 2019,” SRZ 28th Annual Private Investment Funds Seminar, New York, January 2019

“Regulatory Compliance 2018,” SRZ 27th Annual Private Investment Funds Seminar, New York, January 2018

Financial Executives Alliance Regulatory Hot Topics for Hedge Funds, New York, September 2017

The New Form ADV — Strategy and Preparation,” SRZ Webinar, September 2017

Form ADV New Amendments — Big Data, Client Information, Social Media and Portfolio Information,” Ascendant Compliance Management Revolutionizing Compliance: The Matrix of Regulation, Operations & Technology, Naples, Fla., March 2017

“Challenges Terminating Old Funds and Launching New Ones,” SRZ 26th Annual Private Investment Funds Seminar, New York, January 2017

“New Form ADV: The Impact on Private Fund Advisers,” New York State Society of CPAs Investment Companies and Investment Management Committee Meeting, New York, October 2016

“Anti-Money Laundering Program and Suspicious Activity Report Filing Requirements for Registered Investment Advisors,” Morgan Stanley Webinar, July 2016

“Regulatory and Enforcement,” SRZ 4th Annual Private Equity Fund Conference, New York, May 2016

“2016 SEC Exam Priorities and Implications for Hedge Fund Compliance Programs,” Bank of America Merrill Lynch Regulatory Update Call, January 2016

“The New Anti-Money Laundering Rule,” SRZ 25th Annual Private Investment Funds Seminar, New York, January 2016

“Co-Investments: Market Terms, Regulatory Issues,” Financial Executives Alliance Private Equity Meeting, New York, October 2015

“Fees and Expenses,” CounselWorks SummerTime Summit 2015, Montauk, N.Y., June 2015

“SEC Proposes Significant Changes to Form ADV and Recordkeeping Requirements,” Bank of America Merrill Lynch Regulatory Update Call, June 2015

“Marketing Challenges: U.S. and EU Considerations,” SRZ 24th Annual Private Investment Funds Seminar, New York, January 2015

“Private Equity Fund Compliance Update,” SRZ Webinar, July 2014

“Compliance Spotlight,” SRZ 23rd Annual Private Investment Funds Seminar, New York, January 2014

“JOBS Act and Bad Actor Rules,” Rothstein Kass Does Advertising Equal AUM? Seminar, New York, November 2013

“Code of Ethics and Insider Trading,” Compliance Science User Conference, New York, November 2013

“Annual Compliance Reviews of Registered Advisers in the New Era,” SRZ Investment Management Hot Topics, New York, October 2013

“New Opportunities for Hedge Fund Marketing: How to Create an Effective Ad Campaign While Avoiding Regulatory Pitfalls,” HFA Webinar, October 2013

“SRZ ‘Bad Actor’ Disclosure and Disqualification Provisions of Rule 506,” SRZ Webinar, September 2013

“Trends in Secondary Market Transactions,” CounselWorks SummerTime Summit, New York, June 2013

“Allocation of Investment Opportunities Workshop,” SRZ Investment Management Hot Topics, New York, April 2013

“Compliance Spotlight,” SRZ 22nd Annual Private Investment Funds Seminar, New York, January 2013

“Private Equity Fund Managers: Developments in Marketing, Compliance and SEC Exams,” SRZ Investment Management Hot Topics, New York, November 2012

“New Private Placement Rules Under the JOBS Act,” Financial Executives Alliance, New York, October 2012

“CCO Liability and Insurance Options,” CounselWorks SummerTime Summit, New York, June 2012

Prior Experience

  • DKR Oasis & DKR Capital
    • General Counsel, Chief Compliance Officer & Managing Director
  • Goldman, Sachs & Co.
    • Vice President & Assistant General Counsel
  • Clifford Chance Rogers & Wells 
    • Associate