Richard S. Heller

Practices

• Corporate Transactions & Securities

Professional Experience

A partner in the firm's Corporate Transactions & Securities group, Richard concentrates his practice on securities matters.

Richard's extensive capabilities include:

• formation of private offerings including numerous hedge fund offering documents and exhibits, and related securities filings;
• advising on activist solicitations;
• forming and registering broker-dealers with the Financial Industry Regulatory Authority (FINRA) as well as ongoing compliance advice for broker-dealers;
• preparing documents and filings with Securities and Exchange commission for public offerings, 8-K and 13-D submissions;
• forming Investment Advisers and rendering on-going compliance advice;
• providing state securities and "Blue Sky" advice;
• defending clients in SEC enforcement matters;
• defending registered broker-dealers and representatives before the FINRA; and
• serving as Counsel of special committees for public companies.

Throughout his career, Richard has counseled public and private financial services companies and their directors, investment advisers and broker-dealers, hedge funds, private equity funds and offshore funds.

Outside of his law practice, Richard has served three times on the Securities and Exchange Commission's (SEC) Business Forum on Small Capital Formation. The forum has published recommendations to the White House.

He is also a Board Director of The Hedge Fund Association.

Recognized as a legal expert in his area, Richard is a frequent conference speaker, including the SALT Las Vegas Conference 2012-2013. He is also regularly called upon by the media to give quotes, opinions and interviews.

Richard is admitted to practice in the State of New York.

Education

• Wake Forest University School of Law, J.D., 1978, Wake Forest Law Review, member and contributor
• Rutgers, The State University of New Jersey, B.A., 1974, with distinction in American Studies - History

• The following news stories incorporate interviews with or background information provided by Richard Heller:
• Hedge Fund Law Report - Richard Heller quoted in "How Should Hedge Fund Managers Approach the Allocation of Expenses Among Their Firms and Their Funds"
• Evestment/HSN July 30th Article Titled: "HS Industry Insiders Predict Positive Future" Richard Heller quoted in connection with the impact of the JOBS Act
• “Hedge Fund Alert Article Dated July 18, 2012 – Richard Heller quoted on New Appointment of SEC Hedge Fund Inspections Chief
• "HF Lawyer Discusses Loosening of Solicitation Rule" · eVestment|HFN, June 29, 2012
• "JOBS Act & Dodd Frank" · Global Custodian TV, June 27, 2012
• “New managers may be facing a perfect storm of obstacles” · Opalesque Group, May 2012
• “Newly approved JOBS Act could offer investment benefits for hedge funds” - · HFMWeek, March 22, 2012
• “Republican front-runner Romney finds favour with Hedge Funds” · HFMWeek, February 6, 2012
• "COMPLY: Advice to latecomers for hedge fund registration” · Thomson Reuters, January 18, 2012
• "Was Bear Stearns case a show trial?" · HFMWeek, November 19, 2009
• "SEC Bill Is In Hedge Funds' Best Interests" · HFMWeek, November 5, 2009
• "My Life in Hedge Funds" · HFM Week, June 25, 2009
• "Putting Hedge Funds on a Tighter Leash" · Barron's, June 29, 2009
• "Hedge Funds Face ERISA Compliance" · Markets Media Online, May 20, 2009
• "Funds, Investors Assess Operations in Madoff Wake" · Securities Industry News, February 2, 2009
• "Pursuit Plans Redemptions Restructuring" · HFM Week, January 29, 2009
• "Get Over The Hedge" · Forbes.com, November 16, 2008
• "Hedge Fund Inquisitor" · HFM Week, November 6, 2008
• "A Change Is Gonna Come" · Investment Dealers' Digest, June 23, 2008
• "Another Hedge Fund Acquisitions Wave" · HFMWeek, April 2008
• "Hedge Funds Ramp Up Risk Measures" · Investment Dealers' Digest, November 2007
• "Hedge Funds Face Uncertain Future" · Investment Dealers' Digest, October 2007
• "Fed's Rate Cut Boosts Confidence in Alternatives" · HFM Week, October 2007
• "Crisis? What Crisis?" · HFM Week, August 2007
• "Hedge Funds: Rewarding Risk" · Business Courier Roundtable Series, June 2007
• "'Sub-primes' of a Different Kind are Altering the Prime Brokerage World" · HFM Week, June 2007
• "Guidelines, Says Thompson Hine" · Black Enterprise Magazine, January 2007
• "Law Firm Warns Hedge Funds to Review Brokerage Relationships" · Compliance Reporter, January 2007
• "The End of Easy Money" · Forbes, January 2007
• "Hedge Funds Face January 24 SEC Deadline for Soft Dollar Arrangements; Brokers Will Need to Work With Funds to Satisfy New Guidelines, Says Thompson Hine" · MarketWatch.com, January 2007
• "Hedge Funds Face January 24 SEC Deadline for Soft Dollar Arrangements; Brokers Will Need to Work With Funds to Satisfy New Guidelines, Says Thompson Hine" · Morningstar, January 2007
• "SEC Keeps Brokers in Line With New Soft Dollar Rules" · Securities Law 360, November 2006
  
  
• The following articles were authored by Richard Heller:
• Co-author, "The JOBS Act and CTA Funds" · CTA Intelligence, April 12, 2013
• Co-author, "The JOBS Act – Considerations for CTAs" · HFM Week, April 9, 2013
• Co-author, "The JOBS Act: Impact On Investment Funds" · HFM Week, August 1st Issue
• Co-author, "A Summary of Sound Practices for Hedge Fund Managers" · Financial Bridges, Winter 2007-2008
• Author, "Emerging Developments in Hedge Fund Law" · Thompson Hine Bulletin, February 2007
• Author, "Advertising by Attorneys" · Wake Forest Law Review

• Panelist, "Broker Dealer Registration and Compliance Issues" Pace University Lubin School of Business, February 2013
• Moderator and Panelist, “Hedge Funds: The JOBS Act and Dodd-Frank – Two Years Later:; Thompson Hine Seminar New York, October 4, 2012
• Panelist, "Best Practices for Fund Managers: Regulatory and Compliance Updates", FINforums Annual Hedge Fund Summit, September 20, 2012
• Panelist July 25. 2012 Sponsored by Bloomberg Government Titled: "The Evolution of the Hedge Fund Industry In A Newly Regulated World"
• "Panelist, Alternative Latin Investor "Understanding the JOBS Act" June 29, 2012
• Personal Asset Management "Family Office" event - Panelist on "Hedge Fund Investing for the Family Office", June 27, 2012
• Moderator and Panelist, “Hedge Funds: Capital Introduction After Dodd-Frank”, Thompson Hine Seminar New York, September 20, 2011
• Moderator and Panelist, "Life After Dodd: Navigating Hedge Funds Through the New Regulatory Environment", Thompson Hine Seminar · New York, September 30, 2010
• Moderator, Activist Investor Roundtable, National Teleconference, April 2010
• Panelist, "Financial Regulatory Reform - How Will Advisers Fare?", Thompson Hine Seminar; Columbus, Ohio, November 2009
• Panelist, Capitol Hill Symposium on U.S. Hedge Fund Industry Regulation, Washington, D.C., October 2009
• Moderator, "Navigating a Hedge Fund In These Volatile Times", Thompson Hine Seminar, New York, October 2009
• Panelist, “Hedge Fund Proposed Legislation and Operations” · Sponsored by Opalesque and Prime Fund Solutions, New York, September 22, 2009
• Panelist, The Hedge Fund Association Symposium on U.S. Hedge Fund Regulation, New York, June 2009
• Moderator, "Pursuing Distressed Investing Opportunities", Thompson Hine Teleseminar, May 2009
• Panelist, Hedge Fund Association Symposium on U.S. Hedge Fund Regulation, Chicago, April 2009
• Moderator, "Hedge Fund Marketing in the Internet Age" · Thompson Hine Seminar, New York, October 2008
• Guest, "Nightly Business Report", PBS, July 21, 2008
• Panelist, "Fund Regulation: What's So Terrible About Being Regulated After All?", HFMLive Montreal, June 2008
• Panelist, "Hedge Fund Marketing in the Internet Age", HFA Seminar, May 2008
• Moderator, "Navigating a Hedge Fund in these Volatile Times" · Thompson Hine Seminar, New York, October 2007
• Guest, "Hedge Fund Loss-Suits", CNBC, July 23, 2007
• Moderator, "Fiduciary Landmines in Organizing and Operating Hedge Funds: How to Identify and Resolve Fiduciary Issues in Structuring and Operating Hedge Funds" · Thompson Hine Seminar, Chicago, May 2007
• Participant, Hedge Fund & Private Investment Roundtable Discussion, March 2007
• Speaker, "Hedge Fund Compliance Seminar: Implementing Effective Controls and Managing Conflicts of Interest in the Changing Regulatory Environment", Institutional Investor Events, October 2006
• Speaker, "Fiduciary Landmines in Organizing and Operating Hedge Funds: How to Identify and Resolve Fiduciary Issues in Structuring, Soliciting and Operating Hedge Funds" · Thompson Hine Seminar, New York, September 2006