Jesse Kanach is a partner in the firm’s Investment Management practice, where he represents asset managers on virtually all aspects of their investment business. Legal 500 has noted that Jesse's "calm delivery of wise counsel in tough situations is remarkable" for both hedge funds and mutual funds.
Jesse focuses his practice on four key elements in capital formation—Innovation, Structuring, Negotiations and Compliance.
Innovation. Innovative investment firms that Jesse represents include:
- Private funds that seek non-correlated returns, such as hedge funds focused on international investments, real estate funds and lending funds.
- Venture investors who seek to support and profit from emerging companies.
- Established and startup developers and acquirers of financial technology (FinTech), including blockchain and distributed ledger innovators, and new platforms for securities trading, clearance and settlement.
- Registered funds of hedge funds and other innovative SEC-regulated investment companies.
Structuring. In his fund formation practice, Jesse has experience with a variety of investment vehicle structures, including structuring the following:
- Limited liability companies (including series LLCs), limited partnerships and their management companies.
- Onshore-offshore master-feeders, mini-masters, and non-US funds for US and non-US investment managers, including fund managers based in Brazil.
- Parallel funds, alternative investment vehicles, side cars, funds-of-one and fund subsidiaries.
- SEC-registered investment companies.
- Investment advisers undergoing reorganizations.
Negotiations. Jesse has extensive experience in advising the following clients:
- Fund managers in negotiations with strategic partners, major fund investors, placement agents and service providers.
- Institutional investors on separate account agreements, custody arrangements and fund side letters, including on behalf of sovereign wealth funds, foundations, tech startups, family offices, private banks and funds of funds.
- Acquirers or sellers of asset management firms of all kinds, including addressing unique issues concerning due diligence, relevant fund provisions, client consents and regulatory matters.
- Issuers and other registrants on SEC staff comments on registration statements and other filings.
- Independent trustees on Section 15(c) processes for SEC-registered funds and other matters of corporate governance.
Compliance. As compliance is key to long-term success, Jesse routinely advises companies on the following:
- Adopting, updating or assessing fund and adviser regulatory compliance programs.
- Navigating developments in the Investment Advisers Act of 1940, SEC staff guidance and enforcement actions, including for private equity fund managers and other areas of SEC focus.
- Handling inspections and responding to inquiries from securities regulators.
- Making various regulatory filings, including Form ADV, Form PF and the various filings required of funds registered under the Investment Company Act of 1940.
- Maintaining exempt regulatory status, such as with respect to broker-dealer registration requirements, the Advisers Act family office exemption, CFTC exemptions, and securities registration exemptions for private placements and crowdfunding.
For issuances, borrowings and acquisitions of operating companies, Jesse advises issuers or underwriters on Investment Company Act status and exemptions.
A prolific author of articles, he is a frequent panelist on programs and roundtables, in which he addresses emerging issues of interest to investment funds and advisers. Jesse is ranked on the "Rising Stars" lists for legal counsel to investment funds by the International Financial Law Review’s IFLR1000 guide and Legal Media Group’s Expert Guides.
- Ranked by Expert Guides (Euromoney - Legal Media Group) as a "Rising Star," Investment Funds – United States, 2015
- Ranked by IFLR1000 (International Financial Law Report) as a "Rising Star," Investment Funds, 2013, 2016
- Recommended by Legal 500, 2013 - 2015
- American Bar Association, Subcommittee on Investment Companies and Investment Advisers, Member
- Association of Securities and Exchange Commission Alumni (ASECA), Member
- Shearman & Sterling LLP, Washington, D.C., Counsel, 2011 - 2014; Senior Associate, 2009 - 2010; Associate, 2004 - 2006
- Willkie Farr & Gallagher LLP, Washington, D.C., Associate, 2006 - 2009
- Dechert LLP, Washington, D.C., Associate, 1999 - 2004; London, Associate, 2002 - 2003
- U.S. Securities and Exchange Commission, Office of General Counsel, Law Clerk, 1998 - 1999
- U.S. Department of Justice, Antitrust Division, Law Clerk, 1998