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With more than 15 years of experience in the alternative investment industry–as Vice President & Associate General Counsel of Goldman, Sachs & Co., a Director of hedge fund consulting at Deutsche Bank, and, most recently, as General Counsel of Claren Road Asset Management LLC–Ben offers firsthand knowledge of the issues facing investors, funds, and their financing and derivative counterparties. New and existing funds benefit from his transactional and regulatory experience by providing them with the ability to dodge the pitfalls of a turbulent market and translate legal and regulatory challenges into opportunities.
As a legal advisor, Ben brings value to every stage of the fund life cycle. New managers seeking capital, particularly in the startup market, rely on his experience and insights with respect to structuring, fees, and capacity. He can help identify a fund's objectives, minimizing risk through proactive counsel regarding the obstacles they are likely to face in today's market.
Ben offers the comprehensive, practical perspective of a frontline lawyer who has navigated a wide array of issues. His experience includes fund formation and restructuring, counterparty risk and fund financing, separately managed accounts and funds-of-one, ERISA-based vehicles, management company acquisitions and dispositions, and numerous and complex compliance issues ranging from insider trading to SEC exams to difficult valuation and allocation issues. His experience on both the buy side and sell side provides clients a valuable edge as they search for opportunities in a rapidly evolving environment.
NEWS & INSIGHTS
PUBLICATIONS
- September 16, 2019 "Is the Internet Public? A Review of the Ninth Circuit’s Decision in hiQ Labs, Inc. v. LinkedIn Corporation," Investment Management Client Alert
- December 21, 2018 "SEC OCIE Issues Guidance on Recordkeeping Requirements for Electronic Messaging," Investment Management Client Alert
- March 7, 2018 "Lessons From Merit Management: The Settlement Payment Defense Lives … if You Are a 'Financial Institution'," Lowenstein Sandler Client Alert
- February 14, 2018 "The SEC's 2018 Examination Priorities," Investment Management Client Alert
PRESS MENTIONS
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September 10-11, September 16-18, 2019
The release of Lowenstein’s research report, Alternative Data = Better Investment Strategies, But Not Without Concerns, by Peter D. Greene (with contributions from Benjamin Kozinn) was noted by Hedgeweek, Business Wire, Opalesque, the Managed Funds Association newsletter, Institutional Investor, Associated Press, Yahoo! Finance, StreetInsider.com, Chief Investment Officer, Business Insider, LexBlog, and Bloomberg Law. The report found that over 80 percent of hedge funds are using alternative data in some capacity and that 90 percent of survey respondents who use alternative data utilize it in combination with fundamental analysis to make investment decisions. View Lowenstein’s news announcement about the report.
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August 15, 2019
Benjamin Kozinn examines the Securities and Exchange Commission’s Regulatory Flexibility Agenda and highlights important takeaways for private fund managers, in the Hedge Fund Law Report. (subscription required to access article)
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August 13, 2019
Benjamin Kozinn evaluates lessons learned by Chief Compliance Officers (CCOs) through recent SEC enforcement actions and the significance of fund managers offering sufficient support to CCOs and compliance programs, in the Private Equity Law Report.
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May 9–May 16, 2019
Benjamin Kozinn analyzes implications of recent SEC enforcement actions and the importance for fund managers to provide adequate support to Chief Compliance Officers and compliance programs, in a two-part series in the Hedge Fund Law Report.
SPEAKING ENGAGEMENTS
- Panelist, Eagle Alpha's Data Strategy - Legal Webinar on hiQ Labs, Inc. v. LinkedIn Corporation, Lowenstein Sandler and Eagle Alpha, Webinar, September 16, 2019
- Panelist, Eagle Alpha's Data Strategy - Legal Webinar on Satellite Imagery, Lowenstein Sandler and Eagle Alpha, Webinar, July 23, 2019
- Panelist, Eagle Alpha's Data Strategy - Legal Webinar on Credit Card Panels, Lowenstein Sandler and Eagle Alpha, Webinar, June 28, 2019
- Speaker, Information Evaluation & Trading: MNPI, Duty and Related Securities Law, UBS Premier Hedge Fund Conference, Scottsdale, AZ, May 10, 2019
- Panelist, Expenses: Manager-Investor Debate on the Grey Areas and Whether They Can Be Charged – Research, Exams and Regulatory, Personnel, GAIM Ops Cayman, Grand Cayman, April 29, 2019
- Speaker, Select Topics for Asset Managers – Privacy, Advertising and Enforcement, New York, NY, May 22, 2018
- Lowenstein Sandler Investment Management Breakfast Series, New York, NY, May 2, 2018
- Speaker, Legalities and Realities of Web Scraping and Big Data, GAIM Ops Cayman, Grand Cayman, April 23, 2018
- Lowenstein Sandler Investment Management Breakfast Series, New York, NY, January 23, 2018
Education
Fordham University School of Law (J.D. 2001); Associate Editor, Fordham Law Review; Order of the Coif
Emory University (B.B.A. 1998), with distinction
Admissions
- New York
