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Boston OfficeOne International Place, 40th Floor, 100 Oliver Street, Boston, MA, United States of America 02110-2605
Michael W. McGrath is a partner in Dechert’s financial services practice. Resident in the firm’s Boston office, he focuses on advising global asset managers in the formation and operation of investment funds, regulatory compliance, and securities and commodities law across a wide range of asset classes and fund structures.
Mr. McGrath has significant experience advising asset managers on regulatory and transactional matters, including the formation and operation of private equity funds, hedge funds, real estate funds, credit funds, separate accounts and mutual funds. In addition, he frequently works with investment advisers, broker-dealers and commodity trading advisers on regulatory compliance, examinations, the development of novel investment products, and the implementation of strategic transactions.
Mr. McGrath also regularly advises investment managers and broker-dealers on marketing, advertising and fundraising issues, including compliance with the Global Investment Performance Standards (GIPS®), across all major asset classes and distribution channels. He also has extensive experience assisting clients in the development and implementation of business operations and compliance programs that reconcile U.S. and non-U.S. regulatory requirements.
Mr. McGrath has been recognized as a leading lawyer for investment funds: regulatory & compliance, and for mutual funds and hedge funds by Chambers USA. The most recent edition notes that “His ability to solve complex problems is impressive.” In past editions, clients stated that “Mike is client-oriented and has a great understanding of the industry. He is an excellent lawyer, he provides timely and practical advice on a variety of issues” and that he is “very knowledgeable, smart and a great communicator,” “responsive and provides clear, business-forward guidance.”
An active member of the investment management legal community, Mr. McGrath is a frequent author and speaker on the practical application of securities laws across the asset management industry. He is also a CFA charterholder, as well as a member of the CFA Institute’s U.S. Investment Performance Committee.
- Massachusetts Hedge & Mutual Funds – Chambers USA
Recent speaking engagements include:
- Dechert Breakfast Briefing During the ICI Conference: Current Developments Affecting the Fund Industry — Dechert LLP, Palm Desert, CA (March 19, 2024)
- Navigating the Juxtaposition Between EU and U.S. ESG Regulations – Dechert Session at ICI, 2024 Securities Law Developments Conference, Virtual (October 26, 2023)
- SEC Regulatory Update: What's keeping you up at night? - Institutional Investor Legal Forum Summer Workshop (June 28, 2023)
- SEC Marketing Rule Developments & Implementation – CFA Institute Webinar (February 28, 2023)
- What Can European Implementation Tell Us About How US Implementation Will Take Shape? - CFA Society Boston Sustainable Investing Conference (November 29, 2022)
- Are You Ready for the SEC Marketing Rule? – CFA Institute, 26th Annual GIPS Standards Conference (October 25, 2022)
- The SEC Marketing Rule 360: Minding the Gap: Bridging the Differences Between UK and SEC Marketing Rules – AIMA webinar (September 16, 2022)
- New SEC marketing rules. Are you ready? – AIMA, The Long-Short Podcast (July 6, 2022)
- The SEC Marketing Rule 360: Testimonials, Endorsements, and Solicitation Under the New Marketing Rule: Do’s, Don’ts, and Disqualification (if You Get it Wrong) – AIMA webinar (May 23, 2022)
- The Rise of the Derivatives Risk Manager - Global Association of Risk Professionals Webinar (May 12, 2022)
- Presentation of Performance Under the Marketing Rule – Investment Adviser Association, Investment Adviser Compliance Conference (March 3, 2022)
- Social Media Usage Under the SEC’s New Marketing Rule: What Fund Managers Should Know – AIMA webinar (February 21, 2022)
- 2021 Virtual Compliance Workshops: Presentation of Performance Under the New Marketing Rule – Investment Adviser Association (November 4, 2021)
- SEC Marketing Rule – What GIPS-Compliant Firms Need to Know – CFA Institute, 25th Annual GIPS Standards Conference (October 27, 2021)
- Reconciling the SEC Marketing Rule to the GIPS Standards – CFA Institute (June 8, 2021)
- FINRA IRR Requirement and the 2020 GIPS Standards for Alternative Managers – ACA Group 2021 Virtual Conference (May 18, 2021)
- Global Distribution Update – The Investment Association (April 19, 2021)
- New Marketing Rule for Advisers Webinar – Investment Adviser Association, Investment Adviser Compliance Conference (March 5, 2021)
- The SEC’s New Derivatives Rule: Practical Implications for Funds – FIA webinar (February 25, 2021)
- Testimonials, Endorsements and Solicitations – Investment Adviser Association webinar (January 21, 2021)
- Welcome to the 21st Century: The New Marketing Rule for Advisers – Investment Adviser Association webinar (January 5, 2021)
- Getting to Know the SEC's New Advertising Rule – CFA Institute, 24th Annual GIPS Standards Virtual Conference (October 28, 2020)
- Leveraging Technology to Automate Compliance – Investment Adviser Association, Investment Adviser Compliance Conference, Washington, D.C. (March 6, 2020)
- SEC’s Proposed ESG Rules: Nuanced Concerns About Three ESG Categories and Other Form ADV Requirements (Part One of Two) – Private Equity Law Report (August 23, 2022)
- Derivatives Risk Management: Adapting to the New SEC Rule – Alternative Investment Management Association (October 2021)
- Raising Equity Capital Through Regulation Crowdfunding – FinTech, RegTech, and the Financial Services Industry, Chapter 4, Practicing Law Institute (July 2021)
- Key Components of the New Marketing Rule: Part 2 – The Investment Lawyer (May 2021)
- Key Components of the New Marketing Rule: Part 1 – The Investment Lawyer (April 2021)
- Impact of the New Marketing Rule: What Constitutes an “Advertisement” and How to Adhere to Principles‑based Standards – Private Equity Law Report (March 23, 2021)
- Private Equity in 401(k) Plans - A Trillion Dollar Opportunity? – Journal of Investment Compliance (December 2020)
- How the Proposed Amendments to the SEC Advertising Rule Would Affect PE Managers – Private Equity Law Report (January 14, 2020)
- GIPS 2020 Exposure Draft: What Every Firm Needs to Know – The Investment Lawyer, Vol. 26, No. 3, (March 2019)
- Getting the Deal Through: Fund Management 2018 – United States – Law Business Research Ltd., 2018–2020
- Raising Equity Capital Through Regulation Crowdfunding – PLI Financial Product Fundamentals (July 2018)
- Be Careful What You Post - SEC Continues to Focus on the Use of Social Media by Investment Advisers – Harvard Law School Forum on Corporate Governance and Financial Regulation (July 17, 2018)
- Key Insurance Considerations for Investment Advisors – Charles Schwab Compliance Review (June 2018)
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- Stanford University, B.A., 1999
- Duke University, J.D., 2002
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- Massachusetts
- California
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- CFA Society Boston
- CFA Institute, U.S. Investment Performance Committee