Benjamin Kozinn

Partner

Investment Management

New York

T: +1 212.419.5870 | F: +1 973.597.2400 bkozinn@lowenstein.com

New York

T: +1 212.419.5870 | F: +1 973.597.2400 bkozinn@lowenstein.com

Related Areas

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

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

FIRM NEWS

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
Peter D. Greene, Benjamin Kozinn, Robert J. Menendez
December 21, 2018 "SEC OCIE Issues Guidance on Recordkeeping Requirements for Electronic Messaging," Investment Management Client Alert
Peter D. Greene, David L. Goret, Scott H. Moss, Benjamin Kozinn, Joseph S. Hendricks
March 7, 2018 "Lessons From Merit Management: The Settlement Payment Defense Lives … if You Are a 'Financial Institution'," Lowenstein Sandler Client Alert
Jeffrey Cohen, Richard Bernstein, Michael A. Brosse, Benjamin Kozinn, Jonathan C. Wishnia
February 14, 2018 "The SEC's 2018 Examination Priorities," Investment Management Client Alert
Benjamin Kozinn, Scott H. Moss
September 6, 2017 "Digital Tokens: Should SEC Registered Investment Advisers Update Their Code of Ethics?," Investment Management Client Alert
Scott H. Moss, Benjamin Kozinn
August 15, 2017 "Cybersecurity 2: Insights from OCIE's Recent Round of Cybersecurity Exams," Investment Management Client Alert
Benjamin Kozinn, Scott H. Moss,
August 2, 2017 "How to Handle Alternative Data Insider Trading Risks," HFM Week
Peter D. Greene, Benjamin Kozinn
April 5, 2017 "FINRA's Foray into Insider Trading," Investment Management Client Alert
Benjamin Kozinn, Ethan L. Silver,

IN THE MEDIA

February 20-March 10, 2020
Benjamin Kozinn comments on the proposed changes to the definition of “accredited investor” put forward by the Securities and Exchange Commission and possible implications–if any–for private funds, in the Hedge Fund Law Report and the Private Equity Law Report. (subscription required to access certain content)
October 1, 2019
Benjamin Kozinn discusses the Securities Exchange Commission’s Regulatory Flexibility Agenda and addresses essential takeaways for private fund managers in the Private Equity Law Report.
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.
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.
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.
December 27, 2018
Gary M. Wingens and Benjamin Kozinn are mentioned in The American Lawyer in an article discussing 2018 as a strong year for U.S. law firms. The article notes that Wingens reported Lowenstein’s 51.4 percent revenue growth over the past decade. Kozinn states the firm’s hedge fund clients, among others, recognize the whole value proposition that Lowenstein represents and provides.
October 11-November 8, 2018
Benjamin Kozinn points to a confluence of issues present in a cracked economy which led to the 2008 global financial crisis in an interview with the Hedge Fund Law Report. In the first of a two-part series, Kozinn provides an insider’s assessment of the crisis—the causes, the role that hedge funds played, and the regulatory changes in its aftermath (including passage of the Dodd-Frank Act)—and the new focus on counterparty risk. Kozinn also provides insight into the evolution of hedge fund managers as a result of the crisis and the issues behind increased levels of scrutiny. In part two of the series, Kozinn discusses the growing importance of chief compliance and chief operating officers since 2008, growing institutionalization and scrutiny of the hedge fund business, and factors behind a 2018 decrease in fund launches. In addition, Kozinn looks at the state of financial regulation and why the next downturn will reinvigorate hedge funds and spur a search for fresh talent.
February 6, 2018
Benjamin Kozinn is quoted in Reuters regarding employer policies governing personal trading by employees in cryptocurrencies.
January 11, 18 & 25, 2018
In a three-part article, the Hedge Fund Law Report quotes Peter D. Greene and Benjamin Kozinn regarding fund managers’ collection (often through vendors) and use of big data, liability risks associated with acquisition and use of material nonpublic information, and data privacy issues surrounding access to and use of personally identifiable information.
April 13, 2017
Benjamin Kozinn discusses regulatory changes affecting the hedge fund industry in an exclusive interview with the Hedge Fund Law Report.

SPEAKING ENGAGEMENTS

Panelist, Eagle Alpha's Data Strategy – Legal Webinar on FISD Alternative Data Council, Lowenstein Sandler and Eagle Alpha, Webinar, June 18, 2020
Panelist, Eagle Alpha's Data Strategy - Legal Webinar on Alternative Data Discussion with Buyside CCOs, Lowenstein Sandler and Eagle Alpha, Webinar, May 28, 2020
Panelist, Eagle Alpha's Data Strategy - Legal Webinar on Legal Considerations in Latin America, Lowenstein Sandler and Eagle Alpha, Webinar, April 30, 2020
Panelist, Eagle Alpha's Data Strategy - Legal Webinar on Compliance Around COVID-19 Alternative Data, Lowenstein Sandler and Eagle Alpha, Webinar, March 19, 2020
Panelist, Eagle Alpha's Data Strategy - Legal Webinar on Restriction, Rectification and Erasure of Data, Lowenstein Sandler and Eagle Alpha, Webinar, February 25, 2020
Moderator, General Counsel / CCO Benchmarking – Compliance in Focus, Lowenstein Sandler’s Investment Management Breakfast Series, New York, NY, February 12, 2020
Panelist, Eagle Alpha's Data Strategy - Legal Webinar on Web Crawling, Lowenstein Sandler and Eagle Alpha, Webinar, January 24, 2020
Panelist, Eagle Alpha's Data Strategy - Legal Webinar on Legal Considerations of China Data, Lowenstein Sandler and Eagle Alpha, Webinar, December 13, 2019
Panelist, Eagle Alpha's Data Strategy - Legal Webinar on App Tracking & Email Receipts, Lowenstein Sandler and Eagle Alpha, Webinar, November 18, 2019
Panelist, Eagle Alpha's Data Strategy - Legal Webinar on Personally Identifiable Information, CCPA and Alternative Data, Lowenstein Sandler and Eagle Alpha, Webinar, October 21, 2019
Moderator, General Counsel / CCO Benchmarking – Where are we now?, Lowenstein Sandler’s Investment Management Breakfast Series, New York, NY, September 25, 2019
Panelist, Eagle Alpha's Data Strategy - Legal Webinar on hiQ Labs, Inc. v. LinkedIn Corporation, Lowenstein Sandler and Eagle Alpha, Webinar, September 16, 2019
Speaker, Communications: Speaking to Industry Peers Without Triggering Regulatory Concerns About Collusion, Shareholder Activism, or Even Misappropriation of Client Assets (Never Mind MNPI), Lowenstein Sandler and The Alternative Investment Management Association, New York, NY, September 9, 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
Moderator, General Counsel / CCO Benchmarking – Compliance in an age of “de-regulation”, Lowenstein Sandler’s Investment Management Breakfast Series, New York, NY, February 26, 2019
Speaker, Select Topics for Asset Managers – Privacy, Advertising and Enforcement, New York, NY, May 22, 2018
Moderator, CCO Benchmarking - A Mid-Year Compliance Update, 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
Moderator, CCO Benchmarking - The Outlook for 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

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NEWS & INSIGHTS

FIRM NEWS

PUBLICATIONS

IN THE MEDIA

SPEAKING ENGAGEMENTS

Education

Admissions

Related Areas

Alternative Data = Better Investment Strategies, But Not Without Concerns

Alternative Data = Better Investment Strategies,
But Not Without Concerns