Good Risk Governance Pays

Good Risk Governance Pays

Investment Best Practices | Risk Management | Valuation

Category Archives: Private Equity

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Unicorns, Valuation and the Search for Investment Returns

Posted in Investment Management, Liquidity, Pension, Private Equity, Valuation, Venture Capital
Thanks to Matthew Crow, President of Mercer Capital, for an interesting analysis of regional venture capital trends. In his blog post entitled “Are VC trends the canary in the RIA coal mine?” he points out that valuations in New York, Silicon Valley and Boston are deemed by many as “too high.” As a result, venture… Continue Reading

Excessive Fee Litigation and Public Pension Plans

Posted in Disclosure and Transparency, Fees, Investment Management, Pension, Private Equity, Susan Mangiero
Having just returned from a two-day ERISA litigation conference in Chicago, the topic of fee benchmarking is top of mind. During a rousing session about excessive fee allegations, plaintiffs’ counsel Greg Porter (partner with Bailey Glasser LLP) and defense counsel Eric S. Mattson (parter with Sidley Austin LLP) discussed fiduciary litigation, the Exclusive Benefit Rule,… Continue Reading

Investment Firms and Corruption Risk Management in Africa

Posted in Compliance, Disclosure and Transparency, International Investing, Private Equity, Regulation, Risk Management
When I write an article, it is always gratifying to know that someone has read it and found it helpful. Having someone reference your work is nice too. That is why I was happy to learn from my co-author, H. David Kotz, that AFK Insider has extensively excerpted from our article entitled “Avoiding FCPA Liability… Continue Reading

Institutional Investors Uniting Over Limited Partner Terms

Posted in Disclosure and Transparency, Fiduciary Liability, Hedge Fund, Private Equity, Venture Capital
During a recent trip to London, I had a fascinating discussion with a UK attorney who advises institutional investors on contract terms. One of her admonitions to clients is to negotiate hard with a general partner and embrace the power of the purse rather than accept less favorable terms with respect to fees, transparency and… Continue Reading

Hedge Fund and Private Equity Fund General Counsel Workshop

Posted in Compliance, Hedge Fund, Investment Management, Private Equity
I am pleased to announce that I will be presenting on April 23 as part of an educational and timely convening for hedge fund and private equity fund General Counsel, legal staff and compliance professionals. Presented by Dechert‘s Financial Services and White Collar and Securities Litigation Groups, this workshop will include sessions as described below. SEC and Investor Areas of… Continue Reading

ERISA Pension Plans: Mitigating Liability Risks for Hedge and Private Equity Fund Alternative Investments

Posted in ERISA, Hedge Fund, Private Equity
I have the pleasure of being part of an April 17, 2014 program for Strafford’s continuing legal education offerings for and about ERISA plans. As a courtesy, I can invite up to ten (10) professionals as my guest. If you are interested, send an email to with your name, email address, title and company… Continue Reading

Foreign Corrupt Practices Act Settlements Are Costly

Posted in Compliance, Governance, Hedge Fund, Private Equity, Regulation
Beauty makes for great headlines these days. Mercedes-Benz Fashion Week in New York City just wrapped up. A few days ago, Pantone declared radiant orchid as its 2014 “Color of the Year.” Now, cosmetic giant, Avon Products, is reported to be in settlement talks with government regulators regarding Foreign Corrupt Practices Act (“FCPA”) compliance issues.… Continue Reading

Susan Mangiero Attends FI360 Insights Conference on Fiduciary Standards of Care for Investors

Posted in Fiduciary Liability, Financial Expert, Hedge Fund, Private Equity, Valuation
Protecting investors and improving the quality of investment advice were once again themes at the ninth annual fi360 Conference in Scottsdale, Arizona. With two full days of educational content covering 32 distinct topics, the event provided investment advisors with expert insights on improving fiduciaryprocedures, benefits and risks common to investment products, the current state of… Continue Reading

New Study About Private Equity Limited Partners (LPs)

Posted in Hedge Fund, Private Equity
Kudos to authors of the 2013 Capital Markets Report, published as part of the Pepperdine Private Capital Markets Project. Drawing from numerous discussions with participants in the private equity industry, readers get insights abouty a variety of important topics. The section that caught the eye of blogger Dr. Susan Mangiero concerns lmiited partners such as… Continue Reading

QPAM and INHAM Compliance Audit 101 For ERISA Asset Managers

Posted in Compliance, ERISA, Hedge Fund, Investment Management, Private Equity
  In this timely and informative webinar hosted by FTI Consulting, legal and compliance experts will provide critical information about the Qualified Professional Asset Manager (“QPAM”) exemption and related compliance audit requirement that applies to numerous financial institutions that manage or want to manage ERISA pension money. Speakers will likewise address the merits of managing money for captive… Continue Reading

Investment Fraud Early Warning Signs

Posted in Compliance, Disclosure and Transparency, Financial Crisis, Hedge Fund, Liquidity, Private Equity, Risk Management
My comments on April 3 about investment fraud and risk governance struck a chord. As a co-presenter for “Going Beyond the Essential Background Checks: Accessing Crucial Information About the Management Team, Board of Directors, the Economics for the Team and the Succession of the Investment Staff,” 4th Annual Due Diligence & On-Going Monitoring of Alternative Investments Summit,… Continue Reading

ERISA Pension Plans: Due Diligence for Hedge Funds and Private Equity Funds

Posted in Compliance, ERISA, Fees, Financial Expert, Fraud, Governance, Hedge Fund, Litigation, Pension, Private Equity, Risk Management, Valuation
Join me on May 1, 2012 for a timely and interesting program about alternative investment fund due diligence and other considerations for ERISA plan sponsors, their counsel and consultants. Click here for more information. This CLE webinar will provide ERISA and asset management counsel with a review of effective due diligence practices by institutional investors. Best practices… Continue Reading

Private Equity and Fiduciary Risks

Posted in Fiduciary Liability, Liquidity, Private Equity, Venture Capital
According to “Private Equity Investing in Trust” by Pascal Levensohn (Trusts & Estates, July 2010), professional trustees and family office fiduciaries should exercise caution in evaluating the illiquid nature of private equity and venture capital allocations. Describing initial public offerings (“IPOs”) as “elusive,” Levensohn urges decision-makers to “show the completion of a process of diligent review”… Continue Reading