Henry Bregstein

Henry Bregstein is head of the firm's Financial Services Practice and Co-Managing Partner of the New York office. He advises banks, domestic and offshore hedge funds, private equity funds, life insurance companies, investment advisers and broker-dealers on a broad range of regulatory, securities, tax, finance, licensing, general corporate and other legal matters.

Mr. Bregstein offers the complete package to his hedge fund clientele, including fund formation, regulatory compliance, and investment and securities advice, and he is frequently mentioned in the media and lauded by clients and colleagues alike for his work representing fund clients. In 2012, Mr. Bregstein was again recognized by a number of hedge fund and investment industry rankings and publications, including Legal 500, Chambers Global, and Chambers USA, in which he is described as "one of the best around—extremely responsive and client friendly," and "articulate, concise and commercial." Mr. Bregstein was recognized by Chambers Global for 2013, where he was “admired for his strong grasp of issues surrounding domestic and offshore securities and commodities hedge funds.”

In addition, he has been featured in IFLR’s Guide to the World’s Leading Investment Funds Lawyers and Guide to the World's Leading Banking Finance and Transactional Lawyers, and named among Lawdragon’s 3000 Leading Lawyers in America. He has been selected for inclusion in New York Super Lawyers (2009–2012), and recognized as an endorsed individual in the investment funds: hedge (USA) category in the PLC Which Lawyer? rankings. Mr. Bregstein was also granted a patent for a multi-level leverage account structure (patent number 7,966,238) (rights assigned to client), which embodies an investment structure established under a prime brokerage agreement for multiple classes of investors. The patent consists of differing leverage objectives that combine the advantages of both the master feeder structure and the reverse master feeder structure with segregated accounts.

Mr. Bregstein’s practice consists principally of the following:

Funds: Organization of and ongoing advice related to domestic and offshore, securities and commodities hedge funds, private equity funds, domestic and offshore hedge insurance dedicated funds (including BOLI and COLI products), tax deferred funds, funds of funds and managed account platforms having a broad range of investment strategies, including alternative investments, quantitative trading, credit card receivables, asset-backed, alpha transfer, roll-ups, incubators, emerging markets, event driven, and market-maker and risk arbitrage. Ongoing advice concerning 1940 Act avoidance, 1933 Act and 1934 Act compliance, domestic and offshore offering requirements, restructurings, arbitrations, litigations and related tax issues.

Structured Products/Finance: Advice (corporate, tax, insurance and securities) for domestic and offshore banks and investment banks, insurance companies, investment managers, CPOs, CTAs, attorneys, investors and other market participants concerning the structuring and documentation of hedge fund derivatives products and other OTC derivatives products (options, swaps, warrants, repurchase agreements, principal protected notes and funds), hedge fund lending transactions, subscription finance, prime broker leverage, TALF funds, hedge fund and life settlement securitizations, privately placed variable life insurance (PPLI) and annuities (PPVA), IDIs, IDSs, premium finance, life settlement and other insurance-related products.

Investment Advisers/Introducers/Broker-Dealers: Organizational and operational advice (both corporate and regulatory) for investment advisers, introducers and broker-dealers, including those operating on the Internet. Advice relating to, among other things, due diligence, risk assessment and controls, fee arrangements (including allocations and deferral mechanisms), structured and synthetic repo agreements, sourcing and client agreements, lift outs and strategic investments, new issue matters, soft dollar issues, wrap fee programs and structuring joint ventures. Ongoing advice concerning the transfer, utilization and licensing of intellectual property by broker-dealers and investment advisers.

Private Equity Transactions/Securities/General Corporate: Focus on private offerings of debt and equity, joint venture agreements, commercial lending and acquisitions of subsidiaries, structuring of private equity transactions and investments for operating companies.

Mr. Bregstein is a member of the following organizations: New York State Bar Association, New York City Bar Association and the NYCBA Committee on Commodities and Futures Law.

Mr. Bregstein earned his BA from the University of Pennsylvania and his JD, magna cum laude, from the Benjamin N. Cardozo School of Law where he was senior editor of the Law Review. He is admitted to practice in New York.

Speeches and Publications

Mr. Bregstein has written and published the following articles and given the following presentations, among others:

• Panelist, “Innovative Distribution Models: Which Are Working and Which Are Not,” IBC Global Conferences’ Fourth Annual Private Placement Life Insurance and Annuities Conference (April 30, 2013)
• Panelist, “The Future of Hedge Funds II: Jack Be Nimble, Jack Be Quick: Multi-Transitioning to New Models,” Institutional Investor Hedge Fund Institutional Forum Senior Delegates Roundtable (February 4, 2013)
• Panelist, “All Change: The State of the Asset Management Industry,” Institutional Investor Institute Senior Delegates Roundtable (January 22, 2013)
• Participant, “Predictions 2013,” The Markit Magazine (January 4, 2013)
• Panelist, “JOBS Act Implications to Hedge Funds,” Bank of America Merrill Lynch Prime Brokerage Business Consulting Panel (October 18, 2012)
• Panelist, Bloomberg Television's In the Loop with Betty Liu (October 15, 2012)
• Panelist, "The New and Evolving Regulatory Environment: What It Means for Hedge Funds and Their Investors," Institutional Investor Forums’ 11th Annual Hedge Fund Leadership Forum (June 2012)
• Panelist, “Hedge Fund Topical Update Panel,” Maple Investment Funds Forum 2012 (February 4, 2012)
• Quoted, "Summary and Analysis of Dodd-Frank Rules for Investment Advisers: Registration Requirements, Exemptions, Family Offices, Performance Fee Eligibility," Journal of Investment Compliance (December 2011)
• Quoted, "Investors Hold Their Nerve as Hedge Fund Returns Plunge," Euromoney Magazine (October 2011)
• Panelist, “Life Settlements,” 2nd Annual Freeman & Co. Financial Services Conference: New Drivers of Growth (May 2011)
• Moderator, "The Final Countdown…It’s Time to Prepare for the New Era of Investment Adviser Regulation!" Katten Seminar (March 2011)
• Panelist, “Do You Need to Register as a US Investment Advisor? A Practical Guide to Navigating the US Regulatory Regime,” Katten Seminar (February 2011)
• Panelist, "The Expanding International Universe of Alternative Investment Structures and Offerings: What They Are and Where They Fit in the Evolving Regulatory Environment," Katten Seminar (October 2010)
• Moderator, "Estate Tax: What Does the Future Hold?" Katten Seminar (September 2010)
• Panelist, "Trends in Capital Raising Through External Partnerships," Managed Funds Association's Trends in Capital Raising for Hedge Funds Conference (September 2010)
• Panelist, "The New and Evolving Regulatory Environment: What Matters for Hedge Funds and Their Clients," Institutional Investor's 9th Annual Hedge Fund Investor Symposium (June 2010)
• Participant, 2010 Reuters Global Financial Regulation Summit (April 2010)
• Panelist, "Changes in Private Equity and New Opportunities," Katten Seminar (February 2010)
• Guest, "Hedge Fund Hang-ups Post-Madoff," CNBC's Squawk Box (December 2009)
• Moderator, "Managed Accounts," HedgeFund Intelligence's Absolute Return Symposium 2009 (November 2009)
• Panelist, "Regulation: What Will the Attempt to Rein in OTC Derivatives Mean for Hedge Funds?" HedgeFund Intelligence's Absolute Return Symposium (November 2009)
• Moderator, "Developments in the Power Play Between Investors and Managers in Setting Terms,” Catalyst Financial Partners' Asset Allocation Forum in Alternatives (October 2009)
• Panelist, “Hedge Funds and the Proposed Regulatory Reforms,” Hedge Funds Care Cocktails & Commentary Series (September 2009)
• Panelist, “Rethinking Risk Management and Good Governance for a Safe Smart Business: Finding Practical Solutions to the New Demands from Investors, Regulators and Tax Authorities,” International Centre for Business Information’s GAIM International (June 2009)
• Moderator, “New Asset Allocation Themes,” Catalyst Financial Partners’ Alternative Investing Forum (April 2009)
• Moderator, “Crisis Management for Hedge Funds and Managers: Planning for Survival or Reincarnation,” Katten Seminar (February 2009)
• Panelist, “Post-Lehman Legal, Regulatory and Compliance Changes,” Structured Products Association Conference (December 2008)
• Panelist, "Principal Protected Investment Products Conference," Financial Research Association (May 2008)
• Panelist, "Surviving the Shakeout: Strategic Planning, Budgeting, Best Practices," Infovest 21 (April 2008)
• Panelist, "Valuation in 2008: Fair Value Issues for Hedge Funds, Private Equity Funds and Corporate Transactions," Katten Seminar (March 2008)
• Moderator/Panelist, "Investors and HFSPS: Institutions, Individuals and Family Offices," Structured Products Association Conference (October 2007)
• Moderator/Panelist, "Hedge Fund Lending, Derivatives and Structured Products," Katten Seminar (September 2007)
• Panelist, "Structured Hedge Fund Products: Applications for Institutions, Banks and Corporates," Financial Research Associates and Structured Products Association's Summit on Structured Products Linked to Hedge Funds and Commodities (November 2006)
• Moderator/Panelist, “Hedge Fund Lending and Derivatives,” Katten Seminar (September 2006)
• Moderator/Panelist, "Know Your ‘Customer’ or ‘Investor’ for Broker-Dealers and Fund Managers," Katten internal regulatory panel (March 2006)
• Speaker, "Hedge Fund Life Insurance (and Annuities) Tax and Regulatory Update," IIR’s 4th Annual Hedge Fund Investing Through Life Insurance and Annuities Conference (February 2006)
• Chao v. Hosp. Staffing Services, Inc., 270 F.3d 374, 393 (6th Cir. 2001) (adopting Henry Bregstein, Secured Creditors and Section 15(a)(1) of the Fair Labor Standards Act: The Supreme Court Creates a New Property Interest, 14 Cardozo L. Rev. 1965 (1993))