Marketing to Public Pension Plans: Municipal Advisors; Pay to Play Laws; and Gift and Entertainment Rules (Part One of Two)

In addition to the requirements applicable to marketing in general, investment advisers face a significant additional layer of federal, state and local requirements when marketing their funds to public pension plans. A recent seminar presented by the Regulatory Compliance Association (RCA) offered a comprehensive overview of the rules pertaining to marketing to public pension plans and featured David Y. Dickstein, partner at Katten and an RCA senior fellow from practice. This article, the first in a two-part series, discusses municipal advisor registration; political contributions; and gifts and entertainment. The second article will examine honest services fraud; the use of solicitors and placement agents; lobbyist registration; and disclosure, recordkeeping and other requirements applicable to doing business with public plans. For additional commentary from Katten partners, see our two-part series on #MeToo and the private equity industry: “How Managers Can Mitigate Risk Through Portfolio Company Diligence” (Apr. 23, 2019); and “Common Mistakes, Potential Risks and the Movement’s Impact on the Deal Process” (Apr. 30, 2019).

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