Kirsten Lapham is counsel in the asset management group and financial services regulation team.
Kirsten’s experience includes advising a broad range of both institutional and individual clients on a variety of financial services regulatory and compliance issues. Her practice has a specific emphasis on advising on the regulatory issues arising under MiFID II for a range of EU and indirectly impacted firms outside of the EU. Experience in this area includes implementation projects for well-known asset managers and advising multiple clients on re-papering arrangements under the Directive. Kirsten also routinely advises on the regulatory issues that impact M&A transactions. She has represented some of the largest and most well-known alternative investment managers, including: TPG; PIMCO; Citi Private Bank; Dragoneer Investment Group; and a number of UK boutiques among many others.
- Assisting a specialist emerging markets investment manager on a MiFID II implementation project with a specific focus on product governance, inducements and conduct of business requirements
- Assisting clients on their updated TOB and relevant updated requirements in relation to their existing and forthcoming agreements with counterparties under MiFID II
- Working with a large US asset manager on the impact on MiFID II, AIFMD, PRIIPS and the RDR across multiple products on their platform
- Lead counsel on the UK regulatory matters for C-III Capital Partners LLC in its $207 million acquisition of Resource America, Inc.
- Lead counsel on the UK regulatory matters for Dragoneer Investment Group’s 35% acquisition of New Mountain’s stake in AMWINS
- Regulatory counsel for numerous UK based AIFMs and platforms distributing funds across the EU
- Assisting a UK based sub-threshold AIFM in its variation of existing permissions to a full scope AIFM.
- Advising several of the largest alternative investment managers on a broad range of AIFMD matters, including remuneration structures, Article 42 registration and regulatory reporting and distribution arrangements.
Notable transactions in which Kirsten has been involved prior to joining the firm include:
- Advising a large institutional asset manager on a comprehensive review of its entire suite of compliance/AML policies and procedures
- Advising a broad range of firms with FCA (and PRA) authorisations and approved person applications
- Advising a major US propriety trader on the application of MiFID II and assisting the firm with several projects concerning the firm’s reorganization in Europe
- Advising a variety of firms on queries concerning the application of Consumer Credit Regulations
- Co-author, “New FCA Regime Will Emphasize Individual Accountability,” Law360 (June 14, 2019)
- Co-author, “EU Access To UK Financial Services May Tighten After Brexit,” Law360 (March 28, 2019)
- Quoted, “Swiss fund group GAM warns staff of ‘worst case’ Brexit,” Financial Times (June 30, 2018)
- Thompson Reuters - Compliance Handbook, Chapter on Financial Promotion, 2016, 2017, 2018
- “Financial services face FCA scrutiny over risks” FT Adviser (May 20, 2015)
- “What does the FCA’s business plan tell us?” Citywire (April 13, 2015)
- “FCA MiFID II summary” The Hedge Fund Journal (September 2014)
- “Hedge Funds UK” European Law Journal: Thompson Reuters (2014)
- “FCA gets tough on accountability” eFinancialnews (November 4, 2013)
- “FCA departs from EU rules – A sign of a continuing trend?” Global Banking and Finance Review, (September 2013)
- “Publication of warning notices - FSA on FCA's procedure” British American Business Industry insight (Vol. 1 2013)
- “Collective Investment Schemes: The Law and Practice” Sweet and Maxwell, (November 2011)