Nicole Simon

Nicole Simon

Overview

Nicole Simon counsels a diverse group of clients in the asset management industry, including registered investment companies, private funds, business development companies, investment advisers, commodity pool operators (CPOs) and commodity trading advisors (CTAs) on a full range of both traditional and novel regulatory issues. She frequently advises clients on the federal securities and commodities laws pertaining to the organization and registration of investment companies, including issues specific to funds of funds, manager-of-managers structures and interval funds, as well as the use of derivatives and alternative investments. Nicole’s practice also involves helping new investment vehicles and investment advisers subject to multiple regulatory regimes navigate the operational and regulatory aspects of their formation and launch, including with respect to the extraterritorial reach of U.S. laws. Nicole regularly assists clients in determining the necessity and scope of SEC and/or CFTC registration, and the availability of exemptions or other relief from various requirements. She also provides support in the development and ongoing maintenance of compliance programs and the navigation of routine regulatory exams.

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Results

Representative Matters

  • completed comprehensive analyses of various clients’ businesses to determine whether CPO and/or CTA registration would be necessary
  • guided multiple investment advisers through the process of initial CFTC registration as CPOs and/or CTAs, and created full CFTC/NFA compliance manuals for them
  • completed a two-month secondment to the in-house legal department of a global investment firm to assist the client in responding and adapting to expanded regulation of their industry by the CFTC and NFA
  • assisted with the preparation of all offering and organizational materials for the launch of various hedge funds that invest in high yield municipal debt
  • assisted in obtaining an exemptive order from the SEC for an asset management company to operate ETFs
  • assisted in obtaining an exemptive order from the SEC for an asset management company to operate funds of funds that invest in underlying funds including, but not limited to, ETFs
  • participated in advising an international financial services company in connection with the sale of its $2 billion retail mutual fund business to two separate buyers
  • collaborated in the first phase of product rationalization resulting from an investment management company’s acquisition of more than 120 funds from a multinational financial services corporation
  • participated in the representation of an affiliate of a large multinational corporation in connection with a $25 million investment in a pooled investment vehicle, the sole asset of which was to be a credit-linked note
  • participated in the closing of the merger of two closed-end funds of a large asset management company
  • assisted a mutual fund complex in creating four new fixed-income funds to be sub-advised by the company’s newly acquired U.K. investment advisory subsidiary
  • assisted in the representation of a large investment management company complex in connection with a significant project involving the redomestication of its closed-end funds to Delaware statutory trusts, followed by mergers involving the closed-end funds and certain open-end funds
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Credentials

Bar Admissions
  • New York
  • Pennsylvania
Education
  • J.D., magna cum laude, Harvard Law School
  • B.A., with honors and with highest distinction, Pennsylvania State University, Schreyer Honors College
Memberships

  • Women's Investment Management Forum
  • Women in Derivatives (WIND)
  • Penn State Alumni Association- New York City Chapter
  • New York American Civil Liberties Union (NYCLU)
  • Stradley Ronon Hiring Committee

Publications

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Speaking Engagements

  • Panelist, “Board Perspectives: How Will Board Oversight Change Under the New Derivatives Rule?,” Independent Directors Council’s Fund Directors Virtual Conference
  • Panelist, “The Closed-End Fund Road Trip: Navigating a Long and Winding Route,” Stradley Ronon Webcast
  • Panelist, “The SEC’s Fund Derivatives Rule: What’s in the Comments, and Is the Finish Line Approaching?," Stradley Ronon Webinar
  • Guest, Harvard Law School’s Practice Area Podcast Series
  • Presenter, “After the Election: What to Expect from the New Administration in the Securities Field,” Philadelphia Bar Association’s Securities Regulation Committee Meeting
  • Presenter, Investment Management Regulatory Update Seminar
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Recognition

  • “Young Lawyers on the Rise,” Philadelphia Business Journal
  • Fund Action and Fund Directions, Mutual Fund Industry Awards Rising Star
  • New York Super Lawyers, Rising Star
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