Craig A. Foster
Associate
OverviewPublicationsPresentationsProfessional and CivicNews
Craig is a member of the firm's Corporate Transactions & Securities group. He advises clients in the investment management industry on meeting statutory and regulatory licensing, reporting, compliance and disclosure requirements.
Craig has assisted investment companies with a variety of matters, including:
- Drafting prospectuses and statements of additional information, as well as "sticker" supplements to those documents
- Drafting proxy statements, information statements and exemptive order applications
- Reviewing annual and semi-annual shareholder reports
- Drafting board and shareholder meeting minutes
- Drafting and reviewing Section 15(c) questionnaires
- Advising on ongoing compliance obligations under the Investment Company Act
His investment adviser experience includes:
- Drafting principal registration and disclosure documents (Form ADV)
- Drafting compliance manuals, advisory agreements and solicitor contracts
- Reviewing and analyzing marketing materials and performance reports
- Assisting advisers in responding to SEC inquiries and examinations
Craig also has assisted private investment funds by:
- Drafting offering memoranda and subscription agreements for private investment fund offerings
- Counseling on federal registration exemptions, such as Regulations D and S, and state securities laws
- Advising on registration and ongoing compliance obligations under the Commodity Exchange Act and rules promulgated by the CFTC and NFA
- Analyzing and applying exemptions from regulation under the Investment Company Act, including complex exemptions such as those provided by Section 3(c)(5) and Rule 3a-1
Additionally, Craig has advised on general business and securities issues, including dissolving and merging for-profit and nonprofit corporations and limited liability companies, as well as drafting and reviewing a wide range of business agreements.
Craig also has counseled clients on compliance with laws governing information privacy and security, such as the Gramm-Leach-Bliley Act, and he has obtained the Certified Information Privacy Professional/United States (CIPP/U.S.) credential from the International Association of Privacy Professionals (IAPP).
- “NFA Proposes Amendments to 2016 Cybersecurity Guidance,” Thompson Hine Investment Management Update, December 2018
- “Canada’s New Data Breach Law Creates Unique Obligations for Businesses,” Thompson Hine Privacy & Cybersecurity Update, November 2018
- “SEC Issues No-Action Letter Allowing Fund Boards to Rely on CCO Representations to Comply with Certain Exemptive Rules,” Thompson Hine Investment Management Update, October 2018
- “Preparing for Ohio’s Cybersecurity Safe Harbor Law,” Thompson Hine Privacy & Cybersecurity Update, October 2018
- “California Becomes First State to Regulate Internet-Connected Devices,” Thompson Hine Privacy & Cybersecurity Update, October 2018
- “Amendments to California Privacy Law Will Impact Businesses,” Thompson Hine Privacy & Cybersecurity Update, October 2018
- “California Expands Consumer Privacy Protections,” Thompson Hine Privacy & Cybersecurity Update, July 2018
- “Data Privacy Concerns Should Be a Focus in M&A Transactions,” Thompson Hine Business Law Update, Spring 2018
- “CEA Report: Cost of Malicious Cyber Activity to the U.S. Economy,” Thompson Hine Privacy & Cybersecurity Update, February 2018
- “EU-U.S. Privacy Shield Review Confirms Adequacy and Suggests Improvements,” Thompson Hine Privacy & Cybersecurity Update, October 2017
- “SEC Eases Form ADV Compliance Deadline for Interim Updates,” Thompson Hine Investment Management Update, August 2017
- “FTC Increases Focus on Smart Toys with COPPA Update,” Thompson Hine Privacy & Cybersecurity Update, August 2017
- “Court Finds Work Product Doctrine Protects Data Breach Records,” Thompson Hine Privacy & Cybersecurity Update, June 2017
- “Interacting with Your On-line Web Visitors Can Create Privacy Concerns,” Columbus Business First, April/May 2017
- “New York Financial Services Cybersecurity Regulation Takes Effect March 1,” Thompson Hine Privacy & Cybersecurity Update, February 2017
- “Cybersecurity Commission Report Encourages Immediate Action, Collaboration,” Thompson Hine Privacy & Cybersecurity Update, December 2016
- “European Commission Adopts EU-U.S. Privacy Shield,” Thompson Hine Privacy & Cybersecurity Update, July 2016
- “SEC Proposes Business Continuity & Transition Plan Rule,” Thompson Hine Investment Management Update, July 2016
- “European Commission Publishes EU-U.S. Privacy Shield Legal Texts,” Thompson Hine Privacy & Cybersecurity Update, March 2016
- “U.S. and EU Agree on New Framework to Replace Safe Harbor,” Thompson Hine Privacy & Cybersecurity Update, February 2016
- “EU Court: Employee Email Monitoring May Not Breach Privacy Rights,” Thompson Hine Privacy & Cybersecurity Update, January 2016
- “Enhanced EU Data Protection Regulations,” Thompson Hine Privacy & Cybersecurity Update, December 2015
- "Northstar Financial Advisors v. Schwab Investments – Implications and Considerations for Investment Company Boards of Trustees,” The Investment Lawyer, December 2015
- “EU/U.S. Safe Harbor Framework in Jeopardy: Article 29 Working Party Statement on ECJ Case,” Thompson Hine Privacy & Cybersecurity Update, October 2015
- “Court Decision Imperils Privacy Safe Harbor,” Thompson Hine Privacy & Cybersecurity Update, October 2015
- “Money Market Fund Rule Amendments,” Thompson Hine Investment Management Update, September 2015
- “SEC Brings First Enforcement Action Under Distribution-in-Guise Initiative,” Thompson Hine Investment Management Update, September 2015
- “Take the Time to Revisit Clients’ Policies for Dealing with Diminished Financial Capacity and Financial Abuse,” The Investment Lawyer, Vol. 22, No. 1, January 2015
- “New SEC Rules to Combat Technology Glitches and Enhance Cybersecurity,” Thompson Hine Privacy & Investment Management Update, December 2014
- “European Union Imposes Extraterritorial Privacy Obligations on U.S. Businesses,” Thompson Hine Privacy & Information Security Update, May 2014
- “Canada’s New Anti-Spam Law – Is Your Business Ready?,” Thompson Hine Privacy & Information Security Update, May 2014
- “Supreme Court Expands SOX Whistleblower Protection to Service Providers’ Employees,” Thompson Hine Investment Management Update, March 2014
- “New California Law Requires Tracking Transparency,” Thompson Hine Privacy & Information Security Update, March 2014
- The Investment Lawyer, “Fifth Circuit Restricts Dodd-Frank Retaliation Protections for Whistleblowers,” Vol. 20 No. 12, December 2013
- Thompson Hine Privacy & Information Security Update, "California Legislature Passes 'Do Not Track' Disclosure Law," September 13, 2013
- Thompson Hine Investment Management Update, "General Solicitation Under the JOBS Act: Practical Tips for Hedge Fund Managers," August 8, 2013
- “Overview and Impacts of General Data Protection Regulation (GDPR) and MiFID II,” Cincinnati Compliance Roundtable, March 2018
- “Privacy and Data Security Considerations in M&A Transactions,” IAPP KnowledgeNet (Columbus), September 2017
- “SEC Exams of Investment Advisers and Investment Companies - What to Expect, How to Prepare and Mock Exam Protocols,” the Central Ohio Compliance Association, September, 2017
- "Using Performance Data in Advertising – Guidelines and Recommendations for Avoiding the SEC’s Wrath," August 23, 2017
- “Preparing for Changes to Form ADV – What You Need to Know Now,” the Central Ohio Compliance Association, April 2017
- “Current Trends for Hedge Fund Managers: General Solicitation is In – ‘Bad Actors’ are Out,” the Central Ohio Compliance Association, November 2013
Professional Associations
- International Association of Privacy Professionals (IAPP)
Community Activities
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Alliance Française of Portland, Board Member, 2011-2013
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Noontime Toastmasters of Portland, 2011-2013
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Harvard Club of Central Ohio, Board Member
Interacting With Your On-Line Web Visitors Can Create Privacy ConcernsColumbus Business First
April 14, 2017