On June 23rd, the staff of the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations issued a new risk alert entitled “Observations from Examinations of Investment Advisers Managing Private Funds.” As discussed in the client alert below, the report highlights many practices which have been the subject of SEC enforcement actions with private fund advisers over the past several years, and serves as a valuable reminder of some basic steps advisers to private equity and/or hedge funds can take to reduce and hopefully avoid regulatory scrutiny in these areas.

Read the client alert here.

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Photo of Michael Suppappola Michael Suppappola

Mike Suppappola is a partner in the Private Funds Group who specializes in representing asset managers across the globe in all aspects of their business and operations, with a particular focus on fund formation and the structuring and execution of secondary transactions. Mike…

Mike Suppappola is a partner in the Private Funds Group who specializes in representing asset managers across the globe in all aspects of their business and operations, with a particular focus on fund formation and the structuring and execution of secondary transactions. Mike also counsels clients on co-investments, portfolio investments and day-to-day operational and regulatory matters.

He advises a broad spectrum of fund sponsors who pursue a variety of strategies and sectors across North America, Europe and Asia, including buyout, private credit, secondaries, distressed and special situations, growth equity, venture capital, real estate and funds-of-funds. After the fundraising period, Mike continues to serve as a trusted adviser throughout the lifespan of a fund, with a focus on general partner and management company internal governance and day-to-day operational issues.

Mike is widely recognized in the private funds industry for his extensive experience in representing secondary fund managers in connection with all aspects of their business, including fund formation, secondary transactions (including GP-led liquidity processes, private tender offers, tail-end sales and preferred equity transactions), primary investments and co-investments. He also provides ongoing advice to private fund managers and other investment advisers on legal and regulatory compliance with federal and state securities laws, with particular expertise on the Investment Advisers Act of 1940.

An active member of the private funds community, Mike is frequently invited to lecture at industry events on business and regulatory topics. He is recognized as a top practitioner in ChambersLegal 500IFLR 1000 and Lawdragon Insights: Private Funds, where clients praise him as “extremely well respected,” “thorough and [with] a good sense for what’s important,” and commend his ability to “’get to the bottom line very quickly.” Mike has been published or quoted in numerous industry publications and treatises, including Private Equity International Modern Fundraiser, U.S. Private Equity Fund Compliance Companion, Private Equity International, Secondaries Investor, Private Funds Management, PE Manager, Compliance Intelligence and Regulatory Register.