SEC and Dodd-Frank Act Regulations Compliance: Emerging Issues and Practical Guidance

Paula Drake joined the Securities and Exchange Commission as the Associate Director, Chief Counsel and Chief Ethics Officer of the Office of Compliance, Inspections and Examinations in August 2012.

From 1996 to 2012, Ms. Drake was General Counsel and Chief Operating Officer (from 2008) of Oechsle International Advisors, LLC, an international investment adviser with operations in Boston, London, Hong Kong and Frankfurt. Previously, she was Legal Counsel at Fidelity Investments and an Associate at the Boston law firm, Ropes & Gray. From 2004 to 2012, Ms. Drake served as a Board Member of the Investment Advisers Association.

Ms. Drake has a J.D., cum laude, from Harvard Law School and a Ph.D., in English, with Distinction, from the University of Massachusetts.

Jeffrey Thomas focuses his practice on representing clients in a variety of securities-related matters, including investigations by the SEC and other regulators, litigation, and internal investigations. Mr. Thomas spent twelve years as a lawyer in the SEC’s Enforcement Division, where he investigated and litigated possible federal securities law violations involving, among others, investment advisers, private investment funds, broker-dealers, public companies, municipalities, and individuals. Before joining the SEC, Mr. Thomas practiced employment law and commercial litigation at prominent law firms in Los Angeles and Denver.

Mr. Thomas earned his law degree from the University of Southern California, where he was an Articles Editor for the Southern California Law Review, and his undergraduate degree in finance and marketing from the University of Colorado at Boulder.

David is a Manager in the Business Advisory Services Group at Rothstein Kass in the New York office. He focuses on operational and regulatory consulting for alternative investment companies including hedge funds, private equity funds, venture capital funds and securitized asset funds. Prior to joining Rothstein Kass, David spent over seven years as a Controller for Vision Capital Advisors, LLC. While at Vision, a registered SEC investment advisor focusing on investment opportunities in micro-cap companies, David developed an expertise in front, middle and back office processes and workflow of a mid-sized hedge fund firm. David is a Certified Public Accountant in Vermont, and he is a member of the New York Society of Certified Public Accountants, the Vermont Society of Public Accountants and the American Institute of Certified Public Accountants. He is currently enrolled in the Master of Science in Taxation program at Baruch College. David holds a B.S. in Accountancy and Business Administration in Finance from Villanova University.

Ms. Herzog leads SH&B’s corporate/securities practice. She has handled transactions valued at over $3 billion for major public companies and investment banks and enjoys working with a diverse clientele that ranges from Fortune 100 corporations to startups, family offices, and venture capital and private equity funds. Before joining SH&B in 2003, Julie practiced corporate and securities law at major international firms in Chicago and Denver. She earned her juris doctor, cum laude, at Southern Methodist University and bachelors of science in accounting and political science, with honors, from Oklahoma State University. She has been honored by the Denver Business Journal as a “40 under 40″ and a finalist in the “Mile Hi Leader” category for “Outstanding Women in Business” and by LawWeek Colorado as a “Woman of Accomplishment” and as a finalist for “Top Woman Lawyer.”

Michael MacPhail focuses his practice on defending clients in investigations and litigation before securities industry regulators including the U.S. Securities and Exchange Commission (SEC), the FINRA, the Public Company Accounting Oversight Board (PCAOB), the Colorado Division of Securities, and the Colorado Board of Accountancy. He represents regulated entities and individuals who provide financial or professional services, including broker-dealers and financial advisors, accounting firms and CPAs, publicly traded companies and their officers and directors, investment advisers, attorneys, investor relations firms, and investors in private disputes and regulatory proceedings. Michael also represents corporations and individuals in securities-related litigation in state and federal court. He has served as a testifying securities industry expert.

Michael has defended numerous audit firms and CPAs in disputes with the PCAOB and Colorado Board of Accountancy. He also has represented several national broker-dealer firms in SEC or Division of Securities investigations and litigation involving, among other things, alleged failure to supervise, and the sale of auction rate securities. Many of these disputes were settled on terms favorable to his clients.

He has also defended public companies in delisting proceedings before the NYSE-AMEX.

Luke Zubrod, Director of Risk and Regulatory Advisory for public and private companies on OTC regulations. Luke has been in this role since 2009 providing policy and technical advice to various businesses and organizations, including the Coalition of Derivatives End-users, Congressional and committee staff, and staff of many regulatory agencies, including the CFTC, SEC, and Federal Reserve, as well as businesses around the world. In addition to advising clients, Luke has authored numerous comment letters, white papers and articles, he’s testified before Congress and spoken to government and business groups on derivatives regulation and specifically the impact on end-users. Luke has been with Chatham since 2004 advising real estate, corporate and financial institution clients on hedging and risk management. Prior to leading the regulatory advisory group he led Chatham’s advisory practice for U.S. public real estate companies. Before joining Chatham, Luke worked as a management consultant at Deloitte. Luke graduated with Honors from Pennsylvania State University with a BS in Finance and was a member of the University Scholars Program.