For more than 30 years, asset management partner Brian McCabe has helped financial services clients innovate in the registered funds space. Brian is known for generating fresh ideas that help clients take advantage of transformational change in the industry while successfully navigating complex regulatory and compliance obligations.

Brian works closely with investment advisers, broker-dealers and mutual funds, and their directors to develop and operate open- and closed-end investment companies. He particularly enjoys helping clients looking to expand into investment vehicles such as business development companies (BDCs), exchange-traded funds (ETFs) and interval funds. In addition, Brian has counseled clients on ESG and responsible investing, and has experience with asset management M&A involving both public and private companies. He also writes and speaks widely on topics ranging from BDC regulation and ETF trends to ESG investment considerations.

Clients value Brian’s deep intellectual engagement and his proactive approach to client service. Chambers—where Brian is ranked in the United States and globally—notes that he is “always at the ready with a creative solution” and “excels when it comes to complex issues that require nuance and judgment.”

In addition to his asset management practice, Brian regularly contributes to the firm’s pro bono efforts. He also plays an active role in mentoring associates and guiding their professional development.

Experience

  • Represents the Columbia Funds complex with respect to a broad range of regulatory and compliance matters, trading and investment activities, new investment products, and investment advisory arrangements. He drafted proxy statements/prospectuses and oversaw the SEC registration process for many fund mergers to integrate various legacy fund families into the Columbia Funds family.
  • Represents 46 registered mutual funds within the Columbia Funds complex with respect to a broad range of regulatory and compliance matters, trading and investment activities, new investment products, and investment advisory arrangements. He drafted proxy statements/prospectuses and oversaw the SEC registration process for over 90 fund mergers to integrate the legacy Columbia and RiverSource fund families, while simultaneously working on board materials and proxy statements in connection with a process to rationalize fees and expenses across the combined fund family.
  • Represented DST Systems, Inc. (NYSE: DST) in its acquisition of ALPS Holdings, Inc., a provider of outsourced back-office administrative and distribution services to the investment management industry.
  • Represented one of the world’s leading financial planning, asset management and insurance companies, in its acquisition of an asset management firm. Brian also represented the same firm in connection with over 30 mutual fund mergers to consolidate legacy fund companies.
  • Represented Pax World Mutual Funds in connection with the formation of ESG Shares, the first family of ETFs devoted exclusively to sustainable investing.
  • Represented the Putnam Funds and their independent trustees in connection with implementation of Putnam’s strategic pricing initiative, an innovative and fundamental redesign of mutual fund management fee pricing.
  • Represents Brighthouse Financial in connection with its role as investment adviser to the Brighthouse Funds.
  • Represented State Street Corp. in its acquisition of Goldman Sachs Administration Services, a leading hedge fund administrator.

Areas of Practice