Owen J. Pinkerton
Owen is a partner in the firm’s Corporate Transactions & Securities group and its Investment Management practice. He counsels business development companies (BDCs), registered closed-end funds and interval funds on regulatory and transactional matters, such as public and private offerings, and ongoing regulatory compliance with the federal securities laws.
Owen provides ongoing regulatory advice regarding general corporate governance matters, including preparing and reviewing periodic reports under the Securities Exchange Act of 1934 and the Investment Company Act of 1940, and disclosure issues under the federal securities laws. His counsel extends to issues arising under state “Blue Sky” laws and processes, and FINRA regulation of public offerings and marketing efforts.
Prior to joining Thompson Hine, Owen led the Registered Funds practice at an Am Law 200 firm, and before that, he practiced at another Am Law 200 firm where he focused on BDCs and public commodity pools. Prior to entering private practice, Owen was an attorney-adviser and senior counsel in the SEC’s Division of Corporation Finance. He has also worked at the U.S. Commodity Futures Trading Commission in the Division of Trading and Markets and for the U.S. House of Representatives.
Examples of Owen’s experience include:
- Serving as issuer’s and underwriters’ counsel to a registered closed-end fund in connection with its initial public offering.
- Serving as issuer’s and underwriters’ counsel to interval funds in connection with their initial public offerings.
- Serving as counsel to private BDCs in connection with their private offerings of shares.
- Serving as underwriters’ and Blue Sky counsel to publicly registered, non-traded BDCs in connection with their public offerings.
- Serving as issuer’s and underwriters’ counsel for various initial public offerings and follow-on offerings conducted by listed BDCs.
- “SEC Proposes Updates to Rules Governing CEFs,” Thompson Hine Investment Management Update, July 2019
- Quoted, “Amid broad support for CEF offering reform, worries over issuer status and new disclosures,” Compliance Reporter, June 21, 2019
- “Overview of SEC’s Proposed Rule Changes for Business Development Companies,” Thompson Hine Investment Management Update, April 2019
- Quoted,“New SEC ruling would make it easier to run interval funds,” Compliance Reporter, March 21, 2019
- Quoted, "Governance Experts Hope SEC Turns Its Attention to Co-Investment Orders," Fund Directions, February 1, 2019
- “Update on Multi-Class Exemptive Applications for BDCs,” Thompson Hine Investment Management Update, February 2019
- Quoted, “New SEC Filing Aims to Crack Open BDC Sales,” FUNDfire, September 19, 2018
- Quoted, “Explosion in SEC Filings Aim to Boost Alts for Advisors,” FUNDfire, May 2, 2018
- Quoted, “Alphabet Soup – BDCs,” Alt Credit Intelligence, April 2018
- Co-author, “Portfolio Construction Using Non-Traded Business Development Companies (BDCs),” Institute for Portfolio Alternatives, 2013
- Co-author, “How are REITs and BDCs Different?,” FYI, August 2012
- Co-author, “Beating the Market by Staying Out,” Investment Lawyer, April 2009
- Moderator, “The Next Act for BDCs: A Discussion of Current Issues Facing BDCs & How Sponsors Can Capitalize in a Changed Environment,” 2018 ADISA Spring Conference
- Moderator, “Borrowed Wisdom-Opportunities For Debt Investing With BDCs,” Institute for Portfolio Alternatives, July 2017
- Panelist, “Interval Funds vs. Continuously Offered Closed-End Funds vs. Daily NAV REITs,” IMN Non-Traded REIT & Retail Alternative Investment Symposium, June 2017
- Panelist, “Navigating the Burgeoning Non-Traded BDC Market: Key Take-Aways for Prospective Sponsors & Retail Investors,” IMN Non-Traded REIT & Retail Alternative Investment Symposium, December 2015
- Panelist, “Is the Rise of Non-Traded BDCs Set to Continue? Examining Market Drivers & Market Outlook,” IMN Non-Traded REIT & Retail Alternative Investment Symposium, June 2015
- Panelist, “The New Realities of FINRA 14-006,” IPA Annual Conference, 2014
- Panelist, "Critical Regulatory Updates for the Non-Traded REIT: BDC & Private Placement Industry," IMN Non-Traded REIT & Retail Alternative Investment Symposium, June 2014
- Institute for Portfolio Alternatives, member and former BDC Committee co-chair
Thompson Hine Adds Partner, Owen Pinkerton, to D.C. - Investment Management Practice
January 31, 2019