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Bank Asset Management and Collective Investment Funds 2018


Speaker(s): Andrew L. Oringer, Clifford E. Kirsch, David F. Freeman, Jr., Matthew T. Rutchik, Patricia (Tish) Dalton, Yosef Ibrahimi
Recorded on: Oct. 30, 2018
PLI Program #: 241510

Andrew L. Oringer is a partner and the co-chair of the Employee Benefits and Executive Compensation Group at Dechert LLP.  He is the Emerging Issues Coordinator of the Employee Benefits Committee of the American Bar Association’s Section of Taxation, a former co-chair of the Employee Benefits Committee of the Tax Section of the New York State Bar Association and chair of the NYSBA’s Committee on Attorney Professionalism.  Mr. Oringer is a charter member of the Practical Law Employee Benefits and Executive Compensation Advisory Board and was a long-standing member of the Advisory Board for the Bloomberg BNA Benefits Resource Practice Center and for the Tax Management Compensation Planning Journal.  He is a Fellow of the American College of Employee Benefits Counsel, a Senior Fellow from Practice for the Regulatory Compliance Association and an adjunct professor at the Maurice A. Deane Law School at Hofstra University.  He has authored a chapter in a leading treatise on the taxation of nonqualified deferred compensation and is co-editor of a leading treatise on ERISA fiduciary law.  Mr. Oringer is highly rated by a number of key ranking organizations, is included in a widely disseminated list of the Top 100 lawyers in New York City across all practice areas and is a member of The Legal 500 Hall of Fame.


Cliff Kirsch began his career at the U.S. Securities and Exchange Commission (SEC), became chief legal officer for one of the country’s largest dually- registered broker-dealer/advisers and then joined Sutherland (now Eversheds Sutherland) in 2006. He relies on his regulatory and in- house background and an up-to-date knowledge of regulatory developments to provide practical and innovative counsel to broker-dealers and investment advisers in the areas of securities regulation and compliance.

With more than 25 years of experience, Cliff regularly counsels clients on the design and distribution of investment products including wrap-fee programs and other advisory products, mutual funds, bank collective investment funds and insurance products. He also focuses on issues related to the design and implementation of compliance programs at financial services firms.

While at the SEC, Cliff received the Manuel F. Cohen Award, which recognizes younger lawyers who have displayed outstanding legal ability, integrity and judgment and he served as assistant director of the SEC's Division of Investment Management.

Cliff is a frequent speaker at industry conferences, and is the author and editor of two of the leading treatises in the broker-dealer and adviser arena: Broker-Dealer Regulation and Investment Adviser Regulation (published by the Practising Law Institute).

Cliff is also co-founder of the Julia Anne Kirsch Foundation, which seeks to serve the needs of disabled individuals and their families.

Experience

Eversheds Sutherland counsels a coalition of major life insurance companies on evolving state and federal regulations and other legal developments.

Eversheds Sutherland represents a coalition of major life insurance companies, which collectively account for more than 80% of the annuity business in the United States, in their efforts to affect the direction and details of various SEC, FINRA, CFTC, NAIC and state rule proposals and initiatives.

Eversheds Sutherland serves as outside counsel on broker-dealer and adviser regulatory issues for one of the largest independent broker-dealer networks in the country.  Eversheds Sutherland serves as regular primary outside counsel on broker-dealer and adviser regulatory issues for one of the largest independent broker-dealer networks in the country.

Eversheds Sutherland represents coalition of collective trust fund sponsors, advisers and other service providers.

Eversheds Sutherland serves as counsel to the Coalition of Collective Trust Funds. Among other things, Sutherland monitors and reports on legal and regulatory matters affecting collective trust funds.

Professional Activities

Member, New York City Bar Association

Faculty, FINRA Compliance Institute at The Wharton School of the University of Pennsylvania

Former Chair, FINRA Variable Products Committee

Former Board Member, National Society of Compliance Professionals


Yosef Ibrahimi is a director in the general counsel department of Credit Suisse. He heads the U.S. Bank Regulatory, ERISA, Benefits and U.S. Cross Border practice groups in Credit Suisse’s general counsel department. Mr. Ibrahimi was previously the lead lawyer advising Credit Suisse’s wealth and asset management businesses on U.S. banking laws. He has particular expertise on the interaction of banking laws to asset management activities. Mr. Ibrahimi is particularly focused on the Bank Holding Company Act, Volcker Rule, regulatory examinations, and legislative and regulatory advocacy. Before joining Credit Suisse, Mr. Ibrahimi was a senior associate at Skadden Arps, where he focused on restructuring and insolvency law. Before joining the firm, he clerked for a Justice of the Delaware Supreme Court.

Mr. Ibrahimi received his law degree from Cornell University and his undergraduate degree from the Macaulay Honors College at the City University of New York. He is a member of the New York and Delaware bars.


David Freeman is a partner and head of Arnold & Porter‘s Financial Services practice group.  He represents banking organizations and other financial institutions on a variety of matters including securities and bank regulatory issues, legislation and rulemakings, transactions and documentation related to establishing, offering and providing services to a range of investment fund types, as well as wealth management and fiduciary services.  Among the fund categories he works with are private funds, bank common trust fund and collective funds, CRA funds, real estate funds, family investment pools, loan pools, local government investment pools, money funds and other registered investment companies.  Mr. Freeman also represents banking organizations as investors in SBICs, LIHTC funds, CRA funds, merchant banking funds and other investment fund types.

Mr. Freeman received his J.D., M.B.A. and B.A. degrees from the University of Virginia.


Matt is ERISA Counsel at Credit Suisse. He advises the buy and sell sides of the financial institution on structuring investments and relationships. He provides support on fiduciary responsibilities, prohibited transaction rules and exemptions, reporting and disclosure, fund structure, and contract negotiation. In addition, Matt serves as counsel to Credit Suisse’s benefits committee, covering the internal qualified and non-qualified employee benefit plans. Prior to joining Credit Suisse, Matt worked at the United States Department of Labor, Employee Benefit Security Administration.

Matt graduated from the University of Toronto (BA and MA), and the Hofstra University School of Law.

 


Tish is a Technical Expert in the Office of the Comptroller of the Currency’s Asset Management Policy Group, part of the Market Risk Division within the Chief National Bank Examiner’s office. The Asset Management Policy Group supports the OCC’s policy, examiner training and banker outreach initiatives as well as providing direct support to our examination teams.

Prior to joining the OCC in 2005, Tish spent more than 30 years in the banking industry where she managed bank and asset management operations and related support functions. She is a graduate of the University of Virginia and the Virginia Bankers Association School of Bank Management and holds the designations of Certified Securities Operations Professional (CSOP) and Certified Fiduciary & Investment Risk Specialist (CFIRS).