Compliance & Operations Group Meeting: U.S. Regulatory Considerations for Managers Ft. Stroock & Stroock & Lavan LLP
Meeting Overview
Members of the Compliance & Operations Group are welcome to join us on Tuesday, April 18th, 2023 from 2:00 – 2:45 p.m. (ET). During this session we are delighted to welcome our guest speaker, Shannon Reaves, Partner in the National Security/CFIUS/Compliance Group at Stroock & Stroock & Lavan LLP.
Mr. Reaves is a Partner in the National Security/CFIUS/Compliance group at Stroock & Stroock & Lavan LLP and is highly ranked by Chambers Global as an International Trade: CFIUS Expert. Mr. Reaves will discuss how foreign investment in the United States, including fund investments and private lending arrangements, can create jurisdiction for the Committee on Foreign Investment in the United States (CFIUS). He will identify which filings require mandatory advance notice to CFIUS and which transaction structures do not create CFIUS jurisdiction, and will respond to any questions attendees might have about the CFIUS process.
Where
Virtual
Compliance & Operations Group Co-Chairs
Jenny Baek
Partner, Capital Markets & Securities
McMillan LLP
Gary Ostoich
Spartan Fund Management Inc.
President
Jenny Baek
Partner, Capital Markets & Securities
McMillan LLP
Jennie Baek practises capital markets and securities law with an emphasis on the investment funds and asset management industry, including compliance and registration matters.
Advising on a variety of corporate and securities law matters, Jennie assists clients with the formation, structuring, management, and distribution of public funds and private equity funds as well as other investment products. She also provides counsel on registration and regulatory compliance, corporate governance and reporting obligations, public and private financings, and stock exchange listings. Jennie is a member of McMillan’s Sustainability / ESG Initiative and co-leads the firm’s blockchain, cryptocurrency and digital assets group.
Jennie has significant experience in share and asset transactions, mergers and acquisitions, corporate reorganizations, and other corporate transactions.
Prior to joining McMillan, Jennie worked as in-house counsel at a leading investment fund company and practised at a Toronto law firm.
Gary Ostoich
Spartan Fund Management Inc.
President
Gary is a leading Canadian hedge fund executive with more than 25 years of experience covering all aspects of the hedge fund industry. As President of Spartan, his role primarily involves overseeing existing business lines and infrastructure, new product development and being part of the investor relations team that interacts with high-net-worth and institutional investors.
Gary started his career in the hedge fund industry while a partner at law firm McMillan LLP in Toronto, which he joined in 1987. He headed up McMillan’s hedge fund practice and sat on their management committee. While there, he was repeatedly included in LEXPERT’s Guide to the Leading 500 Lawyers in Canada. In 2003, Gary was instrumental in establishing the Canadian chapter of the Alternative Investment Management Association (AIMA). He is a past Chairman of AIMA Canada.
Gary has written and spoken extensively in Canada and abroad on various issues that relate to the hedge fund industry, ranging from regulatory and compliance issues to the development of structured products for institutions. He has also appeared before various regulatory bodies and task forces within Canada relating to hedge funds, including testifying before the Senate Banking Committee in Canada regarding hedge fund regulation.
Speakers
Shannon Reaves
Partner
Stroock & Stroock & Lavan LLP
Shannon Reaves
Partner
Stroock & Stroock & Lavan LLP
Partner Shannon Reaves is a Partner in the National Security/CFIUS/ Compliance group in Stroock’s Washington, DC office. He focuses his practice in the areas of cross-border transaction reviews before the Committee on Foreign Investment in the United States (CFIUS), industrial security, including Foreign Ownership, Control or Influence (FOCI) mitigation matters before the U.S. Departments of Defense and Energy, and export control compliance.
Shannon represents clients in pre-CFIUS filing analysis conducting due diligence to determine potential national security issues; preparing for CFIUS reviews and investigations, including assessing whether specific transaction structures create CFIUS jurisdiction; negotiating deal terms with the government and preparing filings; and advising companies regarding FOCI mitigation/negation compliance issues. He routinely negotiates and prepares FOCI mitigation/negation arrangements, including Special Security Agreements, Proxy Agreements, Security Control Agreements and FOCI Board Resolutions. Shannon has represented clients in hundreds of CFIUS reviews, performed industrial security due diligence on numerous transactions and investigated multiple regulatory violations, including FOCI mitigation, sanctions, and export controls violations. According to Chambers, “Shannon Reaves is an excellent lawyer, great tactician and very easy to work with.”
Prior to joining Stroock, Shannon was an attorney at a major international law firm, where he also focused on national security, CFIUS and compliance issues. While at the American University Washington College of Law, Mr. Reaves was a judicial intern for Judge Gerald Bruce Lee in the U.S. District Court of the Eastern District of Virginia.
He is an avid fisherman and writer of fiction.