Nicole Simon assists in the representation of clients in the asset management industry, including commodity pool operators (CPOs), commodity trading advisors (CTAs), private funds, registered investment companies and investment advisers. She frequently counsels on the applicability and interpretation of federal securities and commodities laws. Her experience includes representing:
- CPOs and CTAs. Nicole works with exempt and registered CPOs and CTAs with respect to registration, disclosure, and compliance issues. She regularly provides advice regarding the potential availability of exemptions or other relief from various requirements, and drafts no-action requests on behalf of clients. Nicole drafts and revises CPO and CTA compliance policies and procedures, and provides support during routine NFA examinations. Nicole also actively participates in key CFTC rulemakings affecting clients (e.g., cross-border regulation).
- Private Funds. Nicole assists with the formation of domestic and offshore private funds, which includes drafting private placement memoranda, operating agreements and subscription documents.
- Registered Investment Companies. Nicole advises clients on the federal securities laws pertaining to the organization and registration of investment companies, including issues specific to funds of funds. She drafts and reviews critical documentation, such as registration statements, proxy solicitation materials, information statements, shareholder reports, investment adviser registration materials and compliance policies and procedures, and drafts no-action requests and exemptive applications, including those related to exchange-traded funds (ETFs). Nicole also provides advice regarding the use of derivatives by registered investment companies.
- Investment Advisers. Nicole participates in counseling investment advisers with respect to their obligations under the securities and commodities laws, and works with offshore advisers on matters relating to U.S. law and regulation as it applies to them. She also assists in the representation of investment management clients undertaking a corporate merger or reorganization.
While a student at Harvard Law School, Nicole completed a clinical externship in the Division of Enforcement of the Securities and Exchange Commission in its Boston Regional Office. She also represented public housing recipients before the local housing authorities as a member of the board of directors of the Harvard Law School Tenant Advocacy Project.