Michael Mabry counsels mutual funds, exchange-traded funds (ETFs), closed-end and interval funds, independent trustees, and traditional and robo investment advisers on a variety of investment management, securities regulatory and corporate law matters. Michael represents some of the largest asset managers and mutual fund complexes in the United States.
Michael represents funds, sponsors, boards of directors and investment advisers in sophisticated regulatory matters, complex transactions, contested proxy solicitations and innovative product development (including one of the first ETFs to list and launch on NYSE Arca in reliance on the ETF Rule). He counsels clients on regulatory, examination, investigatory, enforcement and litigation matters with the U.S. Securities and Exchange Commission (SEC), as well as closed-end fund proxy fights and private litigation. He is a regular thought leader on closed-end fund shareholder activism and cutting-edge product development in interval funds and ETFs.
Michael previously served as a research assistant for the Division of International Finance of the Board of Governors of the Federal Reserve System.
Featured Representative Matters
Advise in sale of ETF and interval fund complexes and advisers, and related shareholder meetings.
Serve as counsel to independent trustees in forming a private credit interval fund.
Represent multibillion-dollar money market fund, mutual fund and ETF complex.
Serve as counsel to active ETF manager-of-managers complex.
Advised investment adviser participating in SEC Share Class Initiative.
Representing closed-end fund and adviser in litigation against closed-end fund activist.
Obtained a no-action letter from the SEC allowing a sub-adviser to become a fund adviser without a shareholder vote in Emerging Global Advisors LLC and EGA Emerging Global Shares Trust.
Represented an ETF adviser in intellectual property litigation for trademark infringement.
Represented independent directors in connection with SEC enforcement proceedings against an adviser and defended the independent directors in private litigation in connection with market timing in a mutual fund complex.
Worked with a consultant to develop a model to calculate complex-wide, multi-year rescission payments.
Pioneered structure for merging closed-end funds with outstanding preferred shares.
Recognitions
The Legal 500 US (Recommended: Mutual/Registered/Exchange-Traded Funds) (2018-19)
Featured Speaking Engagements
Panelist, “Trends in Shareholder Activist Strategies and Closed-End Fund Defenses,” Closed-End Fund Virtual Conference Program
Panelist, “The Closed-End Fund Road Trip: Navigating a Long and Winding Route,” Stradley Ronon Webcast
Presenter, “The Future of Shareholder Activism: Navigating the Increasingly Complex Landscape,” The Knowledge Group CLE
Speaker, “What’s Brewing with ETFs?” ICI Mutual Funds and Investment Management Conference
Panelist, “On the ETF Radar: What’s New and What’s Next,” Stradley Ronon
Panelist, “Managing Innovation and the Changing Competitive Landscape — Regulatory/Compliance — A Discussion of Current and Evolving Issues,” NICSA Conference
Presenter, “Broker Non-Votes and Uninstructed Shares,” AST Webinar
Presenter, “What's on the ETF Horizon? The Latest in Regulatory and Product Developments,” Stradley Ronon
Presenter, “Tidal Changes in the Proxy Industry,” AST’s Executive Forum
Presenter, “What’s on the ETF Horizon?” Investment Company Institute
Presenter, “Preferred Shares and Shareholder Activists,” Georgeson/Computershare’s Closed-End Fund Forum
Presenter, “Active ETFs: The Path to Product,” Stradley Ronon
Panelist, “The Director's Point of View: A Discussion of Current Mutual Fund Issues,” Stradley Ronon
