Are you certain your investment fund complies with all current regulations? Navigating the complexities of private fund advising is essential for securing your portfolio and ensuring the success of your investments. In this article, you will explore key regulations governing private fund advising, understand your disclosure obligations, and learn how to manage conflicts of interest effectively. By addressing these legal considerations, you can protect your investment fund from potential risks and enhance its security. Let us help you simplify compliance, so you can focus on growing your investment portfolio with confidence.
Key Regulations Governing Private Fund Advising
Understanding the key regulations governing private fund advising is essential for effective investment management. You’ll navigate Securities Exchange Act requirements, explore Dodd-Frank Act provisions affecting hedge funds, comply with the Investment Advisers Act of 1940, and adhere to state-level regulations. Additionally, you’ll address guidelines under the Investment Company Act of 1940 and manage advertising practices to ensure full compliance.
Overview of Securities Exchange Act Requirements
The Securities Exchange Act of 1934 imposes critical reporting and disclosure requirements for private equity and venture capital advisors. You must provide detailed information about your assets under management to maintain transparency and uphold investor confidence.
Collaborating with a knowledgeable lawyer ensures that your private fund advising practices comply with the Securities Exchange Act. Proper adherence to these regulations not only protects your venture capital activities but also enhances your credibility in the investment community.
Dodd-Frank Act Provisions Affecting Private Funds
The Dodd-Frank Act imposes significant obligations on investment advisers and private fund managers, particularly concerning the registration and reporting of private funds. As a private fund manager, you must disclose detailed information about your equity holdings and investment strategies to regulatory bodies, ensuring greater transparency in your operations.
To comply with Dodd-Frank provisions, private funds should implement robust compliance programs and maintain accurate records of all investment activities. Engaging with an experienced lawyer can help you navigate these requirements effectively, ensuring your private funds adhere to the law and streamline your communication through channels like email protected:
Register with the appropriate regulatory authorities.
Provide regular disclosures of equity investments and fund performance.
Establish comprehensive compliance policies and procedures.
Investment Advisers Act and Its Impact on Compliance
The Investment Advisers Act mandates strict regulatory compliance for private fund managers, ensuring transparency in fee structures and management practices. By adhering to these regulations, you mitigate the risk of fraud and build trust with your investors, demonstrating your commitment to ethical standards.
Effective management under the Investment Advisers Act also involves maintaining detailed records and promptly addressing any appeals or disputes. Partnering with a skilled lawyer can help you navigate these requirements, ensuring your advisory practices remain compliant and resilient against potential regulatory challenges.
State-Level Regulations for Private Fund Advisers
State-level regulations for private fund advisers vary significantly, requiring you to stay informed about each jurisdiction’s specific laws. These rules govern how you manage assets, report data, and conduct alternative investment strategies, ensuring that your practices align with local legal requirements. Understanding these variations helps you avoid potential lawsuits and maintain compliance across different states.
Effective rulemaking compliance involves regularly updating your knowledge of state regulations and implementing robust policies tailored to each region you operate in. By leveraging expert legal advice, you can navigate the complexities of state-specific laws, protect your assets, and enhance your credibility in the alternative investment market. This proactive approach minimizes risks and supports the sustainable growth of your private fund advisory business.
Disclosure Obligations for Private Fund Advisers
To meet disclosure obligations, you must understand Form ADV requirements and ensure transparency in your fund operations. Implementing clear policies helps address conflicts of interest and reduce risks. Additionally, timely material change notifications keep your investors informed about important developments affecting their investments.
Understanding Form ADV Requirements
When preparing your Form ADV, you must provide comprehensive details about your private placement strategies and real estate investments. This includes disclosing your capital allocation methods and any affiliations with mutual funds that could present potential conflicts of interest. Clear and accurate information in these areas not only ensures compliance but also builds trust with your investors.
Additionally, understanding the nuances of Form ADV helps you navigate legal challenges that may arise in circuit court proceedings. By thoroughly documenting your investment practices and adherence to regulatory standards, you minimize the risk of disputes and reinforce your commitment to transparent private fund management.
Importance of Transparency in Fund Operations
Maintaining transparency in your fund operations is crucial for complying with the Investment Advisers Act and SEC regulations. By clearly disclosing your investment strategies and fund performance, you build trust with your investors and demonstrate your commitment to ethical management of private investment funds.
Regular and accurate reporting ensures that your funds remain compliant with legal standards while providing investors with the information they need to make informed decisions. Adhering to these transparency requirements not only fulfills regulatory obligations but also enhances your reputation in the competitive landscape of private fund advising.
Material Change Notifications to Investors
When significant changes occur within your private fund, such as alterations to investment strategies or management structures, it is imperative to notify your investors promptly. These material change notifications ensure compliance with securities and exchange regulations, maintaining transparency and trust between you and your investors.
Establishing a reliable system for communicating material changes demonstrates your commitment as an adviser to uphold regulatory standards and protect investor interests. By proactively informing your investors of important developments, you reinforce your credibility and strengthen the relationship within your investment company.
Anti-Fraud Provisions and Their Implications
Understanding anti-fraud provisions is essential for protecting your investment funds. You will learn to identify misleading practices in fund marketing, ensure accuracy in reporting performance, and implement best practices to avoid regulatory pitfalls. These strategies support consumer protection and help you comply with court and court of appeals decisions.
Identifying Misleading Practices in Fund Marketing
Identifying misleading practices in fund marketing is crucial to maintaining compliance with anti-fraud provisions. You must ensure that all promotional materials present accurate and truthful information about your fund’s performance and investment strategies:
Misleading Practice
Compliant Practice
Exaggerating past performance without context
Providing verifiable performance data with appropriate disclaimers
Omitting fees and costs associated with the fund
Clearly disclosing all fees and expenses in marketing materials
Using ambiguous language that can be interpreted in multiple ways
Employing clear and precise language to describe investment strategies
By carefully reviewing your marketing content for accuracy and transparency, you protect your fund from potential regulatory actions and build trust with your investors. Implementing these best practices ensures that your marketing efforts align with legal standards and uphold the integrity of your private fund advising business.
Importance of Accuracy in Reporting Performance
Accurate reporting of your fund’s performance is critical in maintaining compliance with anti-fraud provisions. By providing precise and truthful performance data, you not only adhere to legal standards but also foster trust among your investors, ensuring they have a clear understanding of their investment’s progress.
Inaccurate or misleading performance reports can lead to severe regulatory penalties and damage your firm’s reputation. Ensuring that all performance metrics are correctly calculated and transparently presented helps you avoid potential legal issues and demonstrates your commitment to ethical fund management.
Best Practices for Avoiding Regulatory Pitfalls
Maintaining compliance requires proactive measures to prevent regulatory issues. Regular assessments of your fund’s operations can identify potential vulnerabilities before they escalate.
Implement the following best practices to safeguard your private fund advising business:
Establish clear internal controls and oversight mechanisms.
Stay informed about changes in relevant laws and regulations.
Engage with legal experts to review your compliance strategies regularly.
Recordkeeping Requirements for Private Funds
Maintaining accurate records is essential for compliance in private fund advising. You need to keep key documents, follow specific retention timeframes, and prepare for regulatory examinations. Proper recordkeeping supports legal adherence and enhances your fund’s operational integrity.
Key Documents and Records to Maintain
As a private fund adviser, you must maintain essential documents such as your fund’s offering memorandum, subscription agreements, and investor communications. Keeping these records organized ensures you can swiftly provide accurate information during regulatory reviews and audits.
In addition to financial statements, retaining detailed records of all investment decisions and transactions is crucial for demonstrating compliance and transparency. Proper documentation not only supports your regulatory obligations but also builds trust with your investors by showcasing your commitment to thorough recordkeeping.
Timeframes for Record Retention
Compliance with regulatory standards requires you to retain records for specific periods. Typically, the Securities Exchange Commission mandates that private fund advisers keep essential documents for at least five years, with the first two years maintained in an easily accessible location. Adhering to these timeframes ensures you are prepared for any regulatory examinations or audits.
To effectively manage record retention, implement a robust document management system that organizes and archives records according to legal requirements. Regularly review and update your retention policies to reflect any changes in legislation, thereby safeguarding your private fund operations and maintaining investor trust.
Preparing for Regulatory Examinations
Preparing for regulatory examinations involves meticulous organization and a proactive approach to compliance. You must ensure that all necessary documents are accurate and readily available to demonstrate your adherence to legal standards.
To effectively prepare for these examinations, follow these steps:
Conduct regular internal audits to identify and rectify compliance gaps.
Maintain organized and up-to-date records for easy access during reviews.
Train your team on compliance procedures and regulatory updates.
Compliance Program Essentials for Private Fund Advisers
Establishing a robust compliance framework is essential for managing regulatory obligations in private fund advising. Ensure your staff receives comprehensive training and maintains awareness of compliance standards. Conduct regular internal audits and reviews to identify and address potential issues, safeguarding your advisory practices and upholding legal requirements.
Developing a Robust Compliance Framework
To develop a robust compliance framework, you must establish clear policies and procedures that address all regulatory requirements relevant to your private fund advising activities. This involves defining roles and responsibilities, implementing effective internal controls, and ensuring your team is well-trained in compliance matters.
Regularly reviewing and updating your compliance framework is essential to adapt to changing laws and industry standards. By conducting internal audits and staying informed about regulatory developments, you can identify potential risks early and take proactive measures to maintain full compliance.
Training and Awareness for Staff Members
Effective training programs are vital for your staff to understand the complexities of private fund compliance. Regular educational sessions keep your team updated on the latest regulatory changes and best practices, reducing the risk of non-compliance.
By fostering a culture of compliance awareness, you empower your employees to recognize and address potential compliance issues proactively. Providing continuous learning opportunities ensures that your staff remains knowledgeable and capable of maintaining high standards in your advisory services.
Regular Internal Audits and Reviews
Regular internal audits and reviews play a vital role in maintaining the integrity of your compliance program. By systematically examining your fund’s operations, you can identify and address potential compliance issues before they escalate. This ongoing assessment ensures that your advisory practices consistently meet regulatory obligations and uphold high standards of transparency.
Conducting these audits allows you to evaluate the effectiveness of your internal controls and compliance policies. Engaging with a knowledgeable lawyer during the review process can provide expert guidance, helping you implement necessary adjustments and stay aligned with evolving legal requirements. This proactive strategy not only minimizes risks but also demonstrates your commitment to responsible and compliant fund management.
Managing Conflicts of Interest
Managing conflicts of interest is essential for trust and compliance in private fund advising. You will identify and disclose conflicts, implement measures to mitigate risks, and establish policies to ensure fair treatment of investors. These actions uphold ethical standards and meet regulatory requirements.
Identifying and Disclosing Conflicts
As a private fund adviser, identifying conflicts of interest is crucial for maintaining trust and ensuring compliance. You should regularly assess your investment strategies and relationships to uncover any potential biases that might influence your decision-making process.
Once a conflict is identified, transparently disclosing it to your investors is essential. Clear and honest communication not only upholds regulatory standards but also reinforces your commitment to ethical advisory practices.
Implementing Strategic Measures to Mitigate Risks
Implementing strategic measures to mitigate risks involves establishing clear policies that address potential conflicts of interest. You should develop comprehensive guidelines that detail acceptable practices and ensure all team members understand their roles in maintaining compliance. Regular training and communication reinforce these policies, fostering a culture of transparency and accountability within your advisory firm.
Consistently monitoring and reviewing your investment activities allows you to identify and manage conflicts proactively. By conducting periodic assessments and audits, you can detect potential issues early and take corrective actions to uphold your commitment to ethical fund management. Partnering with legal experts can further enhance your risk mitigation strategies, ensuring your practices align with regulatory standards.
Creating Policies for Fair Treatment of Investors
Your policies for fair treatment of investors should clearly outline your commitment to equitable practices and transparency. By establishing standardized procedures for decision-making and conflict resolution, you ensure that all investors receive consistent and unbiased treatment, fostering trust and confidence in your private fund advising services.
Implementing comprehensive policies for fair treatment involves regularly reviewing and updating your guidelines to reflect evolving regulatory requirements and industry best practices. This proactive approach helps you address potential conflicts of interest promptly, demonstrating your dedication to maintaining an ethical advisory environment and safeguarding your investors’ interests.
Preparing for Regulatory Changes in Private Funds
Stay ahead of evolving regulations by keeping informed on emerging laws affecting private funds. Adapt your compliance strategies to meet new requirements effectively, and collaborate with legal experts to navigate complex legal landscapes. These approaches ensure your private fund advising remains compliant and resilient amidst regulatory changes.
Staying Informed on Emerging Regulations
To stay informed on emerging regulations, you should regularly monitor updates from key regulatory agencies such as the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA). Subscribing to official newsletters and attending industry seminars can provide you with the latest information on legislative changes that may affect your private fund advising practices.
Building a strong network with legal experts and industry peers is essential for understanding the implications of new regulations. By engaging in continuous education and leveraging professional resources, you can proactively adjust your compliance strategies to align with evolving legal standards, ensuring your fund remains compliant and competitive.
Adapting Strategies for Compliance
To effectively adapt your compliance strategies, regularly assess your current policies against new regulatory developments. This proactive approach ensures that your private fund advising practices remain aligned with the latest legal requirements:
Strategy
Description
Continuous Monitoring
Stay updated with regulatory changes by subscribing to official updates and attending relevant seminars.
Policy Revision
Regularly update your internal policies to reflect new laws and ensure they are effectively implemented.
Staff Training
Conduct ongoing training sessions for your team to reinforce compliance awareness and best practices.
Implementing these strategies not only helps you stay compliant but also enhances your firm’s reputation among investors. By maintaining a flexible and informed compliance framework, you can swiftly address any regulatory challenges that arise, ensuring the sustained success of your private fund advisory services.
Engaging With Legal Experts for Guidance
Partnering with experienced legal experts provides you with the specialized knowledge necessary to navigate complex regulatory landscapes. These professionals stay updated on the latest legislative changes, ensuring your private fund advising practices remain compliant and adaptive to new requirements.
Legal advisors can offer tailored strategies that address your specific challenges, helping you implement effective compliance measures. By leveraging their expertise, you can proactively manage risks and maintain the integrity of your private fund operations.
Our law firm is here to help.
Our law firm specializes in guiding you through the complex regulatory landscape of private fund advising. We ensure that your operations comply with all relevant laws and regulations, providing you with peace of mind.
With our extensive knowledge of the Securities Exchange Act and the Investment Advisers Act, we tailor legal strategies to meet your specific compliance needs. This personalized approach helps you navigate regulatory challenges efficiently.
We stay abreast of the latest changes in private fund regulations, ensuring that your compliance programs are always up to date. Our proactive support helps you avoid potential legal issues and maintain smooth operations.
Partnering with our firm enhances your fund’s credibility and trustworthiness in the investment community. Let us handle your compliance requirements so you can focus on achieving your investment goals.
Frequently Asked Questions
What are the main regulations for private fund advisers?
You must comply with regulations like the Investment Advisers Act, register with the SEC or state authorities, follow disclosure requirements, uphold fiduciary duties, and implement anti-fraud measures to protect your investors.
What Disclosure Obligations Must Private Fund Advisers Meet?
As a private fund adviser, you must comply with disclosure obligations by providing detailed information about your investment strategies, fees, risks, and performance to investors, ensuring transparency and adherence to regulatory requirements.
How do anti-fraud rules affect private fund advising?
Anti-fraud regulations require private fund advisors to implement strict compliance measures, enhance transparency, and conduct thorough due diligence, ensuring investor protection and minimizing fraudulent activities.
What recordkeeping practices are required for private funds?
Maintain detailed records of investments, transactions, financial statements, investor communications, and regulatory filings. Use secure storage systems and ensure timely updates to meet all legal and fiduciary responsibilities.
How can advisers manage conflicts of interest effectively?
To manage conflicts of interest effectively, advisers should disclose potential conflicts transparently, implement robust internal policies, prioritize clients’ best interests, undergo regular training on ethical standards, and maintain open communication to build and preserve client trust.
Conclusion
Adhering to key legal regulations is essential for private fund advisers to protect investor interests and maintain trust. Transparent reporting and effective management of conflicts strengthen your reputation in the investment community. Implementing robust compliance programs ensures your operations meet all regulatory standards. Collaborating with experienced legal experts helps you navigate complex laws and achieve long-term success.
About the Author
As a lawyer and the founder of Transnational Matters, Davy Aaron Karkason represents numerous international companies and a wide variety of industries in Florida, the U.S., and abroad. He is dedicated to fighting against unjust expropriation and unfair treatment of any individual or entity involved in an international matter. Mr. Karason received his B.A. in Political Science & International Relations with a Minor in Criminal Justice from Nova Southeastern University. If you have any questions about this article you can contact Davy Karkason through our contact page.
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Frequently Asked Questions
How do firms navigate transnational litigation?
Firms navigate transnational litigation by carefully coordinating with foreign local counsel, leveraging international arbitration mechanisms, and mitigating the risks of cross-border disputes. Adopting strategies to avoid international litigation, while resolving disputes through arbitration, is essential for effectively managing transnational legal challenges.
What legal frameworks govern cross-border mergers?
Cross-border mergers are primarily governed by national laws on mergers and acquisitions, as well as applicable bilateral or multilateral treaties on investment protection and conflict of laws principles.
How do attorneys resolve international commercial disputes?
International commercial disputes can be resolved through international arbitration, mediation, and litigation. Clients frequently seek counsel on strategies to mitigate the risk of cross-border disputes and avoid international litigation.
What strategies optimize cross-border transaction outcomes?
Strategies to optimize cross-border transaction outcomes include understanding local regulatory environments, conducting thorough due diligence, and negotiating fair contractual terms that mitigate risks. Effective communication and collaboration with local partners are also crucial for navigating cultural and legal complexities.
How do laws differ for transnational business entities?
The laws applicable to transnational business entities can vary significantly depending on the jurisdictions involved. Compliance with diverse legal frameworks across national borders is a key consideration for such enterprises.
What role do lawyers play in transnational negotiations?
Lawyers play a critical role in transnational negotiations by providing legal expertise, negotiating on behalf of their clients, and ensuring compliance with applicable laws and regulations. They help navigate the complex web of international laws and treaties to achieve the desired outcomes for their clients.
How does arbitration function in international disagreements?
International arbitration is an alternative dispute resolution mechanism where parties submit their disagreements to an impartial third-party arbitrator or tribunal for a final and binding decision. It allows for flexible, private, and efficient resolution of cross-border disputes outside of national court systems.
What regulations impact transnational corporate operations?
Transnational corporations face a complex web of regulations, including international trade agreements, foreign investment laws, and compliance with anti-corruption statutes like the Foreign Corrupt Practices Act. Navigating this regulatory landscape is critical for multinational firms seeking to operate successfully across borders.
How do legal firms manage international regulations?
International regulations for legal firms require understanding and compliance across multiple jurisdictions. Legal firms leverage expertise in international laws and treaties to advise clients on navigating cross-border compliance.
What precedents guide transnational intellectual property cases?
There are no set precedents that definitively guide transnational intellectual property cases. Each case requires careful analysis of the specific laws, treaties, and regulations applicable to the jurisdictions involved.
How does jurisdiction affect transnational contract enforcement?
Jurisdiction significantly impacts the enforcement of transnational contracts. The location and applicable legal framework dictate the remedies and procedures available to parties seeking to enforce contractual obligations across borders.
What challenges arise in transnational bankruptcy cases?
Transnational bankruptcy cases often involve complex legal issues related to jurisdiction, applicable law, asset distribution, and cross-border cooperation among courts and insolvency administrators. Navigating the differences in bankruptcy systems across jurisdictions can present significant challenges in ensuring equitable outcomes for all stakeholders.
How are transnational employment disputes settled?
Transnational employment disputes are often resolved through international arbitration or mediation. Employers and employees may agree to submit such disputes to a neutral third-party decision-maker.
What complexities surround transnational tax compliance?
Transnational tax compliance involves navigating the intricate web of overlapping tax jurisdictions, differing regulations, and complex reporting requirements across multiple countries. Businesses must carefully monitor their operations and financial activities to ensure full compliance with all applicable tax laws and regulations.
How is international maritime law practiced?
International maritime law is practiced through the application of international treaties, conventions, and regulations governing activities on the high seas and in international waters. Lawyers and legal experts specialize in advising clients on compliance with these complex legal frameworks.
What risks do transnational firms face legally?
Transnational firms face legal risks such as navigating complex international regulations, complying with foreign laws and jurisdictions, and mitigating the challenges of cross-border disputes. Managing these legal risks requires comprehensive strategies and experienced international counsel.
How do lawyers facilitate international trade agreements?
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What processes govern cross-border insolvency proceedings?
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How do international laws affect corporate mergers?
International laws can impact the regulatory approval process and operational requirements for corporate mergers. Compliance with antitrust, labor, tax, and other relevant international regulations is crucial when planning and executing cross-border mergers.
What legal issues arise in international franchising?
International franchising can present complexities regarding legal issues such as intellectual property rights, regulatory compliance, and contract enforcement across different jurisdictions. Navigating the legal landscape of franchising internationally requires careful consideration of local laws and regulations to mitigate risks.
How do businesses mitigate transnational legal risks?
Businesses can mitigate transnational legal risks through careful planning, due diligence, and proactive legal strategies. This includes drafting comprehensive contracts, understanding applicable laws and regulations, and seeking guidance from experienced international legal counsel.
How is cyber law enforced across borders?
Cyber law enforcement across borders presents significant challenges. Cooperation between jurisdictions, harmonization of legal frameworks, and innovative investigative techniques are necessary to effectively combat cross-border cybercrime.
What barriers exist in transnational real estate deals?
Barriers in transnational real estate deals can include navigating different legal systems, currency exchange risks, cultural differences, and challenges with due diligence across borders. Ensuring compliance with local regulations and securing financing for cross-border transactions can also present obstacles.
How do firms ensure compliance with international sanctions?
Firms can ensure compliance with international sanctions by establishing robust compliance programs, conducting thorough due diligence on business partners, and regularly monitoring regulatory updates. Regular employee training and audits are also crucial to maintaining compliance.
What constitutes transnational environmental law violations?
Transnational environmental law violations typically involve cross-border activities that have detrimental impacts on the environment, such as illegal dumping of hazardous waste, unregulated mining operations, or the trafficking of protected wildlife across national boundaries. These violations often require coordinated international enforcement efforts to address their complex, multinational nature.
How are international joint ventures legally structured?
International joint ventures are typically structured as separate legal entities, such as limited liability companies or partnerships, jointly owned and controlled by the participating companies. The key contractual agreements governing the joint venture's operations, decision-making, and allocation of profits and losses are critical to its legal structure.
What ethical considerations influence transnational practice?
Ethical considerations in transnational practice include upholding professional standards across jurisdictions, navigating differing cultural norms, and ensuring client confidentiality is maintained despite geographical barriers. Practitioners must also be mindful of potential conflicts of interest that may arise from multi-country engagements.
How does extradition affect international criminal cases?
Extradition is a process whereby a person accused or convicted of a crime in one country is transferred to another country to face trial or serve a sentence. It plays a crucial role in international criminal cases, as it enables law enforcement agencies to apprehend and prosecute suspects who have fled across borders.
What is the role of diplomacy in transnational law?
Diplomacy plays a crucial role in the development and enforcement of transnational laws. It facilitates international cooperation, negotiation, and consensus-building on complex legal issues that transcend national borders.
How do international tribunals impact global legal practices?
International tribunals play a crucial role in shaping global legal practices by establishing precedents, interpreting international laws, and resolving disputes between nations, organizations, and individuals. Their rulings can have a significant impact on the development and application of international law.
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Cross-Border Disputes
Navigating the complexities of cross-border disputes requires specialized expertise. Our firm has successfully represented clients in high-stakes international arbitration and litigation across multiple jurisdictions.
Our international arbitration attorneys regularly represent private corporations, state-owned enterprises, governments, and investors in arbitration venues around the world, providing comprehensive guidance on all aspects of international arbitration.
Mitigating Cross-Border Risk
Transnational Matters counsels clients on mitigating the risk of cross-border disputes, avoiding international litigation, and resolving disputes through international arbitration.
Our attorneys have extensive experience prosecuting and defending international litigation cases involving a wide range of legal issues, from commercial fraud to foreign sovereign immunities.
Foreign and Domestic General Counsel Services
Transnational Matters regularly advises clients on a broad spectrum of international concerns, including foreign direct investments, joint ventures, import/export laws, and international trade and treaty law.
We collaborate with foreign local counsel to coordinate and manage multijurisdictional litigation, working closely with clients through all aspects of cross-border disputes.
