Brian D. McCabe

Partner

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  • JD, magna cum laude, University of Michigan Law School, 1993; Order of the Coif
  • AB, magna cum laude, Harvard College, 1990

Qualifications

  • Massachusetts, 1993
  • American Bar Association
  • Massachusetts Bar Association
  • IFLR1000 Leading Lawyer (2016-2017), Highly Regarded (2018-2022)
  • Legal 500 (2015, 2018-2019)
  • Independent Counsel of the Year, Fund Director Intelligence’s Mutual Fund Industry Awards (2014-2015)
  • Chambers USA: America's Leading Lawyers for Business (2008-2011, 2020-2021)
  • Chambers Global (2021)
  • PLC Which Lawyer (2010-2011)

Brian D. McCabe

Partner

For more than 25 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 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.

Publications

Presentations

  • Panelist, “Director Considerations for ETFs,” Independent Directors Council 2021 Virtual Fund Directors Workshop (June 3, 2021)
  • Panelist, “Innovation in the Mutual Fund Industry,” KPMG Boston Mutual Funds Session (June 20, 2018) 
  • Panelist, “Preparing for a “Modernized” World: Implementing the SEC’s New Fund Reporting Rules,” Investment Company Institute’s Conference on The SEC’s New Fund Reporting and Liquidity Rules: What Do They Mean for the Fund Industry?  (November 17, 2016)
  • Speaker, “Distribution Arrangements – Fees, Payments and Disclosures” Mutual Fund Compliance Summit (July 15, 2015)
  • Moderator, Mutual Fund Directors Forum’s Best Execution in Today’s Complex Markets Conference, “Market Structure in the Fixed Income Market Today” and “Practical Issues - Board Oversight of Market Structure Issues” (November 20, 2014)
  • JD, magna cum laude, University of Michigan Law School, 1993; Order of the Coif
  • AB, magna cum laude, Harvard College, 1990

Qualifications

  • Massachusetts, 1993
  • IFLR1000 Leading Lawyer (2016-2017), Highly Regarded (2018-2022)
  • Legal 500 (2015, 2018-2019)
  • Independent Counsel of the Year, Fund Director Intelligence’s Mutual Fund Industry Awards (2014-2015)
  • Chambers USA: America's Leading Lawyers for Business (2008-2011, 2020-2021)
  • Chambers Global (2021)
  • PLC Which Lawyer (2010-2011)
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