Michael O’Hare focuses his practice on advising investment companies (including mutual funds, exchange-traded funds, closed-end funds, business development companies and private funds), independent directors, investment advisers, broker-dealers and financial services organizations with regard to securities and corporate laws and regulations, compliance and transactional matters.
In addition to work associated with the registration, regulation and operation of investment companies and investment advisers under federal and state securities laws, Mike has helped a number of established investment firms launch their first registered and unregistered investment company products.
He counsels clients with regard to regulatory and compliance matters such as U.S. Securities and Exchange Commission (SEC) exemptive and interpretive relief, SEC inspections and investigations, compliance policies and procedures, special investments and valuation of securities.
Mike also has experience advising fund boards and their independent directors on issues relating to fiduciary duties and fund governance. He assists clients with fund creation and operation; business transactions such as fund and adviser restructurings, acquisitions and other corporate transactions; and negotiation of various service provider and intermediary agreements. In particular, he has experience with regard to corporate governance and represents both funds and fund independent directors.
Mike’s fund clients include multi-manager funds, money market funds, funds of funds, liquid alternative funds, closed-end interval funds and funds underlying variable annuity products.
Featured Representative Matters
Serves as fund, adviser, independent director and/or independent trustee counsel for the following:
AssetMark mutual funds
Capital Group KKR closed-end interval funds
Day Hagan ETFs
Future Standard BDCs and closed-end/interval funds
Hamilton Lane closed-end interval/tender offer funds
Hirtle mutual funds
Horizon mutual funds
Jacob mutual funds
KKR BDCs and closed-end tender offer funds
Morgan Stanley BDCs
Olstein mutual funds
Rational mutual funds
RBC mutual funds
Strategy Shares ETFs
Memberships
Member, Stradley Ronon Technology Committee
Recognitions
Suburban Life Magazine, Top Attorney: Securities Law (2021-23)
The Legal 500 US (Recommended: Mutual/Registered/Exchange-Traded Funds) (2018-20)
The Philadelphia Inquirer, Influencer of Law: Investment Management (2019
Featured Speaking Engagements
Moderator, “The Fund Board’s Role in Mergers & Acquisitions,” Mutual Fund Directors Forum Directors’ Institute
Presenter, “Opt In or Opt Out: Significant Developments, Board Considerations, and Policies and Procedures in Opt-Out Litigation,” Stradley Ronon Seminar
Panelist, “Nuts & Bolts of Being a Fund Director,” Mutual Fund Directors Forum Directors’ Institute
Presenter, “Hot Topics in SEC Enforcement and Examinations,” Investment Company Institute’s Legal Forum
Moderator, “Director Discussion Series – Open Forum,” Mutual Fund Directors Forum
Panelist, “Nuts & Bolts of Being a Fund Director,” Mutual Fund Directors Forum Directors’ Institute
Panelist, “Nuts & Bolts of Being a Fund Director,” Mutual Fund Directors Forum
Moderator, “Director Discussion Series – Open Forum,” Mutual Fund Directors Forum
Panelist, “Nuts & Bolts of Being a Fund Director,” Mutual Fund Directors Forum
Panelist, “Nuts & Bolts of Being a Director,” Mutual Fund Directors Forum Directors’ Institute
Moderator, “Director Discussion Series – Open Forum,” Mutual Fund Directors Forum