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John J. O'Brien

Partner

Philadelphia Phone +1.215.963.4969 Fax +1.215.963.5001

1701 Market St.//Philadelphia, PA 19103-2921//United States

John J. “Jack” O’Brien counsels registered and private funds and fund managers in connection with organizational, offering, transactional, and compliance matters. He regularly works with a variety of different fund structures, including open-end and closed-end funds, exchange-traded funds, and hedge funds. He also counsels investment adviser and broker-dealer clients on various matters, particularly with respect to registration and disclosure, marketing regulations, pay-to-play issues, and transactions in exchange-traded funds.

Awards and Affiliations

Named, Rising Star of Mutual Funds, Mutual Fund Industry Awards 2019

Member, ETF Law Firm of the Year, ETF.com (2019)

Member, Best ETF Legal & Compliance Firm, ETFexpress (2019)

Member, Practice Group of the Year, Asset Management, Law360 (2017)

Member, Philadelphia Bar Association

Associate, Villanova Law J. Willard O'Brien American Inn of Court (2010–2014)

Director and Treasurer, Philadelphia VIP, Inc. (2011–2016)

Arthur J. Kania Prize in Professional Ethics, Villanova School of Law (2008)

Dorothy Day Service Award, Villanova School of Law (2008)

Next Generation Lawyer, Investment fund formation and management: Mutual/registered/exchange-traded funds, The Legal 500 US (2018)

Recommended, The Legal 500 US (2016)

Named, Lawyers on the Fast Track, The Legal Intelligencer (2017)

Named, On the Rise – Top 40 Young Lawyer, American Bar Association (2017)

Admissions

  • New Jersey
  • Pennsylvania

Education

  • University of Illinois, 2005, B.S.
  • University of Illinois, 2005, B.A.
  • Villanova University, 2008, M.B.A.
  • Villanova University School of Law, 2008, J.D., Cum Laude

Sectors

Services

Regions

Trending Topics

Events

9/13/2021 - 2021 Philadelphia Compliance Roundtable
6/10/2021 - 2021 ASA Fair Value Virtual Conference
5/12/2021 - Track 3: Regulatory and Enforcement
2/24/2021 - Morgan Lewis Hedge Fund University™ and the Global Sponsor Forum – The SEC’s New Marketing Rule: Private Fund Perspectives
1/7/2021 - Fund Derivatives Rule: What Boards and Managers Need to Know
1/5/2021 - The SEC's New Marketing Rule
12/18/2020 - Registered Funds Trends and Developments Quarter in Review Series – Dec 2020
9/24/2020 - Recent Innovations in Registered Fund Products
9/23/2020 - Registered Funds Trends and Developments: Quarter in Review Series
4/30/2020 - Registered Funds Trends and Developments: Quarter in Review Series
4/30/2020 - Registered Funds Trends and Developments: Quarter in Review Series
3/10/2020 - 2020 SEC and FINRA Enforcement and Examination Trends
12/16/2019 - Major (Potential) Changes to the Regulation of US Private Fund Marketing – Webinar
12/5/2019 - Major (Potential) Changes for Marketing Advisory Products and Services
10/30/2019 - The New ETF Rule
10/8/2019 - The New ETF Rule and its Impact on APs and Market Makers
9/20/2019 - 2020 Global Investment Performance Standards: What You Need to Know
6/26/2019 - Current Legal and Compliance Issues Affecting ETF APs and Market Markers
2/8/2019 - Advertising Investment Products and Services
1/31/2019 - Advertising: Advisers, Broker-Dealers, and Funds
1/31/2019 - The Custody Rule
3/19/2018 - The Changing Landscape of Exchange-Traded Products
1/30/2018 - Advertising: Advisers, Broker-Dealers, and Funds
12/14/2017 - Asset Managers: A New Era of Regulation?
10/5/2017 - 2017 Annual Private Fund Investors Roundtable
4/4/2017 - 2017 SEC Examination and Enforcement Trends Webinar
3/16/2017 - 2017 SEC Examination & Enforcement Trends Road Show – Chicago
9/21/2016 - 2016 Annual Private Fund Investors Roundtable
7/14/2016 - Brexit: Implications for US Asset Managers (with MMI)
7/8/2016 - Brexit Implications for US Asset Managers (with IAA)
6/9/2016 - Ninth Annual Advanced Topics in Hedge Fund Practices: Manager and Investor Perspectives
3/3/2016 - 2016 SEC Examination and Enforcement Trends Roundtable Road Show – Philadelphia
3/1/2016 - 2016 SEC Examination and Enforcement Trends Roundtable Road Show – Boston
7/10/2015 - New Reporting on Form ADV Part 1A: What You Need to Know about the SEC’s Proposed Changes
4/30/2015 - Money Market Reform: Four Key Questions for Plan Sponsors
4/7/2015 - Advisers Act Anti-Fraud Rules: Custody, Political Contributions, Solicitors and Proxy Voting Requirements
12/4/2014 - Are Non-Transparent ETFs and ETMFs the “Next Big Thing”?
10/2/2014 - SEC Overhauls Money Market Fund Regulations
2/20/2014 - Impact of the Volcker Rule
9/26/2013 - The JOBS Act: What Does it Mean for Your Business?, presented by P&I Custom Media Group
7/25/2012 - Morgan Lewis Hedge Fund University™ Webinar Series: Form PF: What You Need to Know

News

8/17/2020 - SEC Proposes Prospectus and Fund Doc Reforms, Ignites
4/16/2019 - Morgan Lewis Partners Named Mutual Fund Industry Rising Stars
4/25/2017 - Morgan Lewis Partner Named to The Legal Intelligencer’s Lawyers on the Fast Track
7/30/2015 - Morgan Lewis Elects 24 Lawyers to the Partnership

Publications

9/22/2021 - Tax Proposals May Affect Exchange-Traded Funds
June 2021 - Semi-Transparent ETFs: The Next Frontier, Wall Street Lawyer
4/30/2021 - 1940 Act Regulatory Checklists
March 2021 - Revamped: Changing Regulation of Endorsements, Testimonials, and Solicitation Arrangements Under the SEC’s New Marketing Rule, Wall Street Lawyer
February 2021 - Modernizing Regulation of Performance Advertising: SEC’s New Marketing Rule Provides Greater Leeway and Transparency But Potential Traps Remain, Wall Street Lawyer
1/4/2021 - The SEC’s New Marketing Rule: Key Takeaways for Advisers
12/14/2020 - SEC Modernizes Framework for Fund Valuation Practices
11/4/2020 - New SEC Rule Will Regulate Registered Fund Investments in Derivatives
10/15/2020 - SEC Adopts Comprehensive Framework for Fund of Funds Arrangements
10/2/2020 - Deadline for Filing BE-180 Approaches for US Financial Service Providers
8/13/2020 - SEC Proposes Substantial Disclosure Reforms for Registered Funds
2016–2020 - ETF Roundup
May 2020 - ETF Roundup – Issue 6
4/24/2020 - SEC Proposes New Regulation of Fund Valuation
December 2019 - In Focus: Analysis of SEC Proposals to Modernize Advertising and Solicitation Rules
June 2019 - ETF Roundup – Issue 5
August 2018 - ETF Roundup – Issue 4
6/13/2018 - SEC Approves E-Delivery of Shareholder Reports, Requests Comments on Other Areas
November 2017 - ETF Roundup – Issue 3
April 2017 - ETF Roundup – Issue 2
2/6/2017 - Executive Order Could Lead to Changes in the Regulation of US Financial Markets
February 2017 - 2017 Brings New “Pay to Play” Rule to FINRA Members, Wall Street Lawyer, Vol. 21 Issue 2
1/1/2017 - Funds’ Derivatives Rule Still Looms – Uncertainty Prevails, Futures & Derivatives Law
January 2017 - EU Update: The Latest Developments on Brexit, MAR, and MiFID II, The Investment Lawyer, Vol. 24, No. 1
December 2016 - ETF Roundup – Issue 1
9/9/2016 - In Eagerly Awaited Ruling, AXA Beats Excessive Fee Claim
August 2016 - SEC Proposes Business Continuity and Transition Plan Requirements for Investment Advisers; Staff Issues Guidance for Registered Funds
7/25/2016 - SEC Examiners Focused on Fund Share Class Conflicts of Interest
6/9/2016 - Ninth Annual Advanced Topics in Hedge Fund Practices, Part 11: Nontransparent Actively Managed ETFs, Smart Beta ETFs, and the SEC’s Derivatives Proposal
5/13/2016 - Sub-Advisers Get Relief from Custody Rule’s Surprise Exam Requirement
3/28/2016 - Key Takeaways From SEC's Fund Disclosure Guidance, Law360
March 2016 - Understanding The SEC’s Proposal on Funds’ Use of Derivatives and Other Financial Transactions
3/22/2016 - SEC Staff Publishes Guidance on Fund Disclosure of Current Market Conditions
2015-2016 - Hedge Fund Deskbook
1/28/2016 - SEC Staff Issues Guidance on Mutual Fund Distribution Arrangements
1/14/2016 - SEC Requests Public Comment on Transfer Agent Regulation Proposal and Concept Release
12/14/2015 - SEC Proposes Requirements for Funds’ Use of Derivatives and Other Financial Transactions
12/2/2015 - NYSE Arca Proposes to Flag ETP Trades that Deviate Significantly from Prevailing Market Prices
11/19/2015 - SEC Exam Staff Shares Observations on Outsourced Chief Compliance Officers
10/29/2015 - SEC Proposes Liquidity Risk Management Rules for Open-End Funds, Westlaw Journal
10/27/2015 - NYSE Arca Withdraws Active ETF Generic Listing Standards Proposal as SEC Focus on ETFs Continues
9/28/2015 - SEC Proposes Liquidity Risk Management Rules for Open-End Funds
9/18/2015 - BE-180 Deadline Approaching: Fund Managers, Private Funds, and Registered Investment Companies May Be Required to File
9/10/2015 - Update on Proposed Listing Standards for Active ETFs
7/28/2015 - “Pay to Play” Developments
7/2/2015 - SEC Seeks Public Input on Exchange-Traded Product Trading Issues
6/15/2015 - Update on Proposed Listing Standards for Active ETFs
5/21/2015 - SEC Proposes Rules Affecting Funds and Advisers
May 2015 - A Director’s Guide to Understanding Liquidity Fee and Redemption Gate Responsibilities, The Investment Lawyer
3/19/2015 - SEC Considers Active ETF Listing Standards, Approves Paired Class ETP