PEI Private Fund Compliance Forum: San Francisco

Preliminary Agenda*

 Day One: Thursday December 1, 2011
8:50 – 9:00
 
PEI welcome & Chairman’s introduction
9:009:50
Defining the new regulatory landscape for private equity and venture capital firms

• Deciphering the impact of Dodd-Frank on private equity
• Update on Form PF, compensation and definition of accredited investors
• SEC  requirements for exempt registered advisers

Moderator: Walter Zebrowski, JD, CPA, Senior Managing Director, Hedgemony Partners & Chairman, Regulatory Compliance Association
Panel Members
:
Mary B. Kuusisto, Partner, Proskauer Rose LLP
Daniel Reid, Director, Financial Services Regulatory Practice, KPMG LLP

9:5010:30
Keynote Speaker: A view from the SEC
Marc J. Fagel, Regional Director, San Francisco Regional Office,
Securities and Exchange Commission

10:3010:50
 Networking Coffee Break
10:5011:40
Expert panel:  Brave new world - Impact of SEC registration on finance and operations

•   Creating a culture of compliance
•   Getting buy-in from the GPs and other key stakeholders
•   What does it mean to take on the role of a Chief Compliance Officer?
•   Defining the function for your organization
•   Budgeting for staff, outside consultants, technology
•   How are fund operations evolving in response to new regulations?

Moderator: Alan Halfenger, Chief Compliance Officer, Bain Capital
Panel Members:
David A. Haynes, Partner & COO, FTV Capital
David Reintjes, Chief Compliance Officer & Deputy General Counsel, TPG Capital, L.P
David A. Smolen, Chief Compliance Officer, Silver Lake

11:4012:30Panel:  What does it take to be an effective chief compliance officer?

• Defining the skill sets and scope of responsibilities
• Handling conflicts of interest
• Enlisting help internally and externally
• Whose interests are you representing?
• Reporting line  issues
• Who shares the role of the CCO?
• What level of sophistication performs the function?

Moderator: Helane L. Morrison, General Counsel & Chief Compliance Officer, Hall Capital Partners LLC
Panel Members
:
Gwen Reinke, General Counsel and CCO, Blum Capital
Catherine Ziobro, Chief Compliance Officer, The Carlyle Group

12:301:45
Luncheon
1:45 – 2:35
Panel: For new SEC registrants – the first 12 months

•   ADV I and II forms
•   Formalizing code of ethics
•   Custody rule compliance


Moderator: Sara Robinson, Partner & Chief Compliance Officer,  Adams Street Partners
Panel Members
:
Andrea E. Daly, General Counsel & Chief Compliance Officer, Onex Partners
Michael J. Harrington, President, First Republic Trust Company
William G. Mulligan, Jr., Managing Partner, CEO, HedgeOp Compliance


2:35 – 3:30  Panel: Compliance Light – for VC and other exempt advisors

• Defining the compliance function and prioritizing the “must haves” vs. the “nice to have”
• What does the compliance manual need to look like
• Understanding general anti-fraud provisions
• Where’s the middle ground for the exempt reporting adviser?

Moderator: Steve Simonian, Chief Financial Officer, August Capital
Panel Members
:
Karen Eliadis, Chief Financial Officer, BlueRun Ventures
Kirsten A. Mello, Chief Financial Officer, Menlo Ventures
Eric Thompson, Chief Financial Officer, Greenspring  Associates

3:30 – 3:50 Refreshments
3:504:40Panel: Budgeting the compliance function

Striking a balance - managing costs and having an effective compliance program
• How to budget for compliance
• Defining the needs of the organization
Outsourcing and strategic use of consultants
What if CCO isn’t your primary job function


Moderator
: Jeff Cote, Chief Financial Officer, Pfingsten Partners, LLC
Panel Members
:
Ric Fenton, General Counsel & Chief Compliance Officer, Technology Crossover Ventures
Tito Pombra, Chief Compliance Officer, Matthews International Capital Management
Stephen Marsh, Founder & CEO, Smarsh Inc.


4:405:30
Panel: Preparing for and surviving an SEC audit

•   What are the hot buttons in an audit?
•   Disclosure issues
•   Top 10 deficiencies
•   What to expect – soup to nuts

Moderator: Rob Stype, Managing Partner, ACA Compliance Group
Panel Members
:
Martin Eng, CFO & VP of Administration, Western Technology Investment
Erin Ross, former General Counsel & Chief Compliance Officer, Watershed Asset Management

5:30 – 7:00 Cocktail Reception and end of Day One

 Day Two: Friday December 2, 2011
8:30 – 8:45
 
Chairman's welcome
8:45 – 9:35
Panel:  Global regulatory initiatives impacting private funds

• New initiatives on the horizon – amendments to EU Directive and raising capital outside from foreign investors
• FCPA and UK Bribery Act compliance
• Due diligence requirements and background checks on foreign portfolio company executives

Moderator: Jay B. Gould, Partner, Pillsbury Winthrop Shaw Pittman LLP
Panel Members
:
Karen Eliadis, Chief Financial Officer, BlueRun Ventures
Alan Halfenger, Chief Compliance Officer, Bain Capital
David A. Smolen, Chief Compliance Officer, Silver Lake

9:35 – 10:20

Panel: New rules governing fundraising

•   Presentation materials and being compliant
•   Changing rules around use of placement agents
•   State procurement lobbying laws and their effect on raising money from public pensions
•   Monitoring your employees’ political contributions


Moderator: Jason E. Brown, Partner, Ropes & Gray LLP
Panel Member
s:

Kelly DePonte, Partner, Probitas Partners
Sheryl L. Rowold, Deputy General Counsel, Hellman & Friedman LLC

Jerald Sanchez, U.S. Chief Compliance Officer, Partners Group

10:20 – 10:40 
Coffee Break
10:40 – 11:45
Panel:  Effective and appropriate marketing materials

•   Interpreting rules governing marketing and advertising
•   Making sure that presentations are reviewed by compliance
•   Making sure your web sites are in compliance
•   Guidelines regarding talking to the press

Moderator: Janis Kerns, Editor, ACA Insight
Panel Members
:
Karl A. Cole-Frieman, Partner, Cole-Frieman & Mallon LLP
Jennifer Keese-Powell, Marketing Manager, Hall Capital Partners LLC
Jeffrey M. Mills, Principal, Oak Hill Capital Partners
Lois Towers, Compliance Officer, Pantheon Ventures (US)

11:45 – 1:30
Closing Buffet Luncheon

* This is a provisional agenda and remains subject to change at the discretion of the organizers.

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