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.
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)
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
10/8/2019 - 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
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
4/30/2015 - Money Market Reform: Four Key Questions for Plan Sponsors
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
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
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
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
1/1/2017 - Funds’ Derivatives Rule Still Looms – Uncertainty Prevails, Futures & Derivatives Law
December 2016 - ETF Roundup – Issue 1
9/9/2016 - In Eagerly Awaited Ruling, AXA Beats Excessive Fee Claim
7/25/2016 - SEC Examiners Focused on Fund Share Class Conflicts of Interest
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
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
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
9/28/2015 - SEC Proposes Liquidity Risk Management Rules for Open-End Funds
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
3/19/2015 - SEC Considers Active ETF Listing Standards, Approves Paired Class ETP
2/1/2015 - The Non-Transparent Future of ETPs, The Investment Lawyer
December 2014 - Exchange-Traded Managed Funds and What They Mean for APs, Wall Street Lawyer
12/4/2014 - Are Non-Transparent ETFs and ETMFs the “Next Big Things”?
11/12/2014 - SEC to Approve “Exchange-Traded Managed Funds”
10/2/2014 - SEC Overhauls Money Market Fund Regulations
September 2014 - The New Era of Money Market Fund Regulation
4/29/2014 - The ETF Authorized Participant Agreement: Key Issues and Negotiating Points
4/10/2014 - Impact of the Volcker Rule on ETFs and Authorized Participants Roundtable
8/28/2013 - Investment Adviser Codes of Ethics: The Rule, Plus Pay to Play, Gifts and Whistleblowers
5/17/2013 - SEC Warns About Exemptive Order Compliance
5/10/2013 - SEC Settles Suit for Misleading Advisory Contract Approval Disclosure
5/7/2013 - FINRA's Position On Pre-Inception Index Performance Data, Law360
4/26/2013 - FINRA Formalizes Position on Pre-Inception Index Performance Data
7/25/2012 - Morgan Lewis Hedge Fund University™ Webinar Series: Form PF: What You Need to Know
January 2012 - Political Contributions and State Lobbyist Registration
10/31/2011 - Federal Agencies Propose Implementation of Volcker Rule
9/2/2011 - SEC Concept Release Requests Industry Comments on Funds’ Use of Derivatives
8/2/2011 - SEC Adopts Large Trader Reporting System
4/19/2011 - ETFs 360° - Formation, Regulation and Trading
3/28/2011 - SEC Staff Issues Guidance on “Pay-to-Play” Rule
3/4/2011 - Pay-to-Play: Countdown to Compliance
1/10/2011 - SEC Proposes Exemptions for Certain Private Fund Advisers
9/1/2010 - SEC Proposes Revisions to Mutual Fund Distribution Fees (Rule 12b-1) and Disclosure
7/9/2010 - SEC Adopts Pay-to-Play Rule Under Investment Advisers Act
5/24/2010 - Impact of Senate Financial Reform Bill on Retail Brokerage and Private Client Services