Overview

Bibb is a partner in the Corporate Transactions & Securities practice group. He focuses on exchange-traded funds (ETFs), closed-end funds, mutual funds and investment advisers. Bibb provides advice on regulatory, compliance, entity formation, auditor independence, corporate governance and other issues related to the operation of the aforementioned businesses. He has experience with unique fund structures and ETF products, smart contacts and other blockchain innovations and start-up ETF firms.

Bibb began his career as a staff attorney in the Division of Investment Management of the U.S. Securities and Exchange Commission, where he was principally responsible for granting exemptive orders and responding to no-action and interpretive requests under the Investment Company Act of 1940 and Investment Advisers Act of 1940. He has argued 1940 Act issues in federal and state courts, including the landmark mutual fund independent director case, Yacktman v. Carson, et al, and participated in the development of the Uniform Statutory Trust Entity Act.

Experience
  • Advising ETFs, mutual funds, closed-end funds and investment advisers on securities, foreign regulatory, compliance, SOX, privacy, cybersecurity and corporate governance issues
  • Drafting and filing Form N-1As, board materials, proxy statements, exemptive applications, anti-money laundering and other compliance procedures, Form ADVs and hedge fund documents
  • Advising investment companies and their service providers on adapting blockchain technologies including smart contracts
  • Establishing and structuring wrap fee programs including all contractual, disclosure and compliance documents
  • Negotiating advisory, distribution, loan, ISDA and other contracts
  • Reviewing fund and adviser marketing materials and social media
  • Developing and structuring investment funds and products including mutual funds, ETFs, listed and unlisted closed-end funds, and multi-manager and master-feeder funds
  • Representing fund boards of directors
  • Advising adviser and fund chief compliance officers on structuring compliance programs, drafting compliance procedures and preparing annual compliance reports
  • Guiding operating companies confronting inadvertent investment company issues
  • Advising one of the nation's largest financial institutions on auditor independence issues
Publications
Presentations
  • Speaker, “The Global ETP Market Place Evolution,” 13th Annual ETF Global Awards, New York, New York, April 20, 2017
  • Speaker, “Fund Anatomy,” Basics of Mutual Funds and Other Registered Investment Companies 2017, New York, New York, April 20, 2017
  • Speaker, “Seizing Opportunities in the ETF Marketplace,” Webinar, December 1, 2016
  • Speaker, “Understanding the Current ETF Regulatory Climate,” 3rd Annual ETF Boot Camp, New York, New York, September 29-30, 2016
  • Speaker, "Basics of Mutual Funds and Other Registered Investment Companies 2015,” Practising Law Institute webinar, April 30, 2015
  • Panelist, “Disclosures: Tips to Stay Compliant and Every Day Tripwires to Avoid,” IA Compliance Best Practices Summit 2014, March 21, 2014
  • Speaker, “The SEC's New Identity Theft Red Flags Rules: Guidance to Create Your Program Before the New Reg SID Deadline,” IA Watch webinar, May 21, 2013
  • Speaker, "Basics of Mutual Funds and Other Registered Investment Companies 2013,” Practising Law Institute, April 24, 2013
  • Panelist, “ETP Overview and Structure,” 9th Annual Global ETF Awards, April 18, 2013
  • Speaker, “Mutual Fund Anatomy – Role of the Board and the Adviser,” Practising Law Institute’s Fundamentals of Mutual Funds and Exchange-Traded Funds 2012, June 6, 2012
Professional and Civic

Professional Associations

  • American Bar Association
  • District of Columbia Bar Association – Investment Management Committee

Community Activities

  • Anne Arundel County Citizens Transportation Commission
News
Events