David J. Harris

david-harris

David J. Harris

Partner

Washington, D.C. | 1900 K Street, NW, Washington, DC, United States of America 20006-1110
+1 202 261 3385 | +1 202 261 3333

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David J. Harris provides regulatory and transactional advice on a wide range of matters in the financial services industry. Mr. Harris works with investment funds (registered and unregistered, onshore, and offshore), investment advisers, broker-dealers, banks (U.S. and foreign), thrifts, trust companies, credit unions, insurance companies, commodity trading advisers, commodity pool operators, and futures commission merchants, as well as financial services holding companies.

Mr. Harris’ experience includes counseling clients on the application of laws and regulations administered by the Securities and Exchange Commission (SEC), the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration, the Commodity Futures Trading Commission, the U.S. Treasury, the Financial Stability Oversight Council (FSOC) and the Federal Trade Commission, industry self-regulatory organizations, state regulatory agencies having jurisdiction over securities, banking, and insurance activities, and representing clients in their negotiations with these regulators.

Mr. Harris also advises financial institutions on privacy regimes. He works with clients to develop policies, privacy agreements, and compliance/audit programs so that they can efficiently manage their privacy obligations under the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the SEC’s Regulation S-P, and related privacy regulations of other federal regulators, the states, and the European Union. He also advises clients on how their privacy obligations are affected by other federal statutes and regulations, including anti-money laundering obligations under the Bank Secrecy Act, as amended by the USA PATRIOT Act.

Experience
  • Establishment and ongoing representation of registered investment companies (including mutual funds, unit investment trusts, and business development companies), as well as offshore funds, private funds, and UCITS.
  • Transactional and regulatory advice to registered investment companies and private funds in connection with fund reorganizations and transactions with affiliates.
  • Representation of investment funds and advisers in connection with derivatives and other complex financial transactions, including negotiation and documentation of ISDA master agreements, schedules, and credit support annexes, PSA master repo agreements, tri-party custody arrangements, and 12b-1 fee financings.
  • Acquisitions and dispositions of depository institutions and their holding companies, including acquisitions of failed depository institutions involved in FDIC receivership proceedings.
  • Obtaining state and federal regulatory approvals in connection with rebuttals of the presumption of a change in control in connection with significant investments in banks, thrifts, industrial loan companies and bank holding companies.
  • Establishment of collective trust funds exempt from SEC regulation, and conversely conversions of common and collective trust funds into mutual funds.
  • Representation of financial institutions with regard to the fiduciary and trust aspects of dealings with their affiliated investment funds.
  • Representation of banking organizations on issues under the Federal Reserve’s Reg K with regard to permissible international activities and private equity investments outside the United States.
  • Representation of financial holding companies, bank holding companies, national banks and trust companies with regard to the bank regulatory issues raised by their hedge fund operations, including banks’ authority to invest in hedge funds, scope of financial holding companies’ merchant banking authority, and non-voting equity investments by bank holding companies.
  • Advice on Gramm-Leach-Bliley “push-out” of bank brokerage activities, and compliance with Regulation R, jointly adopted by the Federal Reserve and the SEC.
  • Advice on Dodd-Frank Wall Street Reform and Consumer Protection Act requirements and implications for asset managers.

Includes matters handled at Dechert or prior to joining the firm.

Education
  • Purdue University, B.A., B.S., 1978, with High Honors, Phi Beta Kappa and Pi Kappa Phi
  • Georgetown University Edmund A. Walsh School of Foreign Service, M.S.F.S., 1982
  • Georgetown University Law Center, J.D., 1982, magna cum laude, 1982, topics editor of Law and Policy in International Business
Admissions
  • Pennsylvania
  • District of Columbia
  • United States District Court for the District of Columbia
Speaking Engagements
  • Private Credit, BDCs & Everything in Between: Co-Investment Exemptive Relief — Dechert LLP, Webinar (May 15, 2019)
  • 10 Years After the Financial Crisis: Trends in U.S. Regulation of Funds and Asset Managers — EFAMA Investment Management Forum, Brussels, Belgium (November 8, 2018)
  • Volcker Rule 2.0: Legislative Changes and Regulatory Proposals — Dechert LLP, Webinar (July 18, 2018)
  • Financial Services Regulation Reform: What to Look for in 2018 — Dechert LLP, Webinar (February 13, 2018)
  • Cybersecurity Insurance Market Trends and Risk Management — Presented by Dechert’s Data Privacy and Cybersecurity Team and Gallagher, Webinar (January 30, 2018)
  • Evolving U.S. Regulation of Funds and Asset Managers Under the Trump Administration: Implications for Europe — EFAMA Investment Management Forum 2017, Brussels, Belgium (November 15-16, 2017)
  • Cybersecurity and the Board of Directors — Dechert LLP, Webinar (September 27, 2017)
  • Update on U.S. Regulation of Funds and Asset Managers: Implications for Europe — EFAMA Investment Management Forum, Brussels, Belgium (November 17, 2016)
  • Dechert Book Launch & Bank Investment Program: The Bank Investor's Survival Guide — Dechert LLP, New York, NY (June 16, 2016)
  • Systemic Risk Regulation of Asset Managers: The U.S. Experience. Lessons for Europe? — EFAMA Investment Management Forum, Brussels, Belgium (November 19, 2015)
  • Riding the BDC Consolidation Wave — Dechert LLP, Webinar (October 28, 2015)
  • The Volcker Rule at 5 Years — Dechert LLP, Webinar (August 5, 2015)
  • Hot Topics: What Was New in Permanent Capital in 2014, and Why — Current Trends in Permanent Capital: What Alternative Managers Need to Know Now, New York, NY (January 22, 2015)
  • Volcker Rule Update — Dechert LLP, Videoconference (December 8, 2014)
  • U.S. Regulatory Developments: Lessons Learned and Implications for European Fund and Asset Managers — EFAMA Investment Management Forum, Brussels, Belgium (November 6, 2014)
  • Are Investment Managers Systemically Important? — EFAMA Investment Management Forum, Brussels, Belgium (November 5, 2014)
  • The Volcker Rule: Adjusting to a New Landscape — Dechert LLP, Webcast (June 12, 2014)
  • Cybersecurity: What to Do Once There Has Been a Data Breach — Legal Forum at the Investment Company Institute General Membership Meeting, Washington, D.C. (May 20, 2014)
  • Current Developments Affecting the Fund Industry — Dechert LLP, Orlando, FL (March 18, 2014)
  • The Volcker Rule: Understanding the Practical Implications for Funds and Asset Managers — Dechert LLP, London, UK (March 11, 2014)
  • Living with the Volcker Rule: Volcker Rule Impacts on European Asset Managers — Dechert LLP, Webinar (February 26, 2014)
  • Living with the Volcker Rule: Covered Funds — Dechert LLP, Webinar (January 30, 2014)
  • Living with the Volcker Rule: Overview — Dechert LLP, Webinar (January 16, 2014)
  • Investment Management Forum — EFAMA, Brussels, Belgium (November 5, 2013)
  • An Update on the Volcker Rule — Dechert LLP, London, UK (June 11, 2013)
  • Dodd-Frank’s Volcker Rule: Implications for Asset Managers in Asia — Dechert LLP, Hong Kong (March 4, 2013)
  • Current Topics in Valuation — Mutual Fund Directors Forum Policy Conference, Washington, D.C. (April 10-11, 2013)
  • Update on Dodd-Frank and U.S. Regulatory Reform Initiatives Affecting European Asset Managers — EFAMA Investment Management Forum, Brussels, Belgium (September 26, 2012)
  • The Dodd-Frank Report Card: The Volcker Rule — Dechert LLP, Webinar (February 29, 2012)
  • The New World for S&L Holding Companies: The Impact on Trust Banks, Insurance Company HCs and Intermediate Holding Companies — Dechert LLP, Webinar (December 14, 2011)
  • The Volcker Rule: Intended and Unintended Impacts on U.S. and Foreign Entities — Dechert LLP, Webinar (November 16, 2011)
  • A Step Closer to Systemic Regulation: SIFI Designation and FRB Regulation of SIFIs and Large Bank Holding Companies — Dechert LLP, Webinar (November 9, 2011)
  • US Investment Advisors Registration, Dodd-Frank and Volcker Rule — BVI Bundesverband Investment und Asset Management e.V. Program, Frankfurt, Germany (October 6, 2011)
  • U.S. Overreach? Adviser Act Changes and FATCA — Institutional Investor Legal Forum, New York, NY (February 2, 2011)
  • “Securitization: The Acquisition Financing Alternative” - Acquired or be Acquired —Bank Director, Washington, D.C. (January 30, 2007)