Scott Gluck practices in the area of corporate law, focusing on securities offerings and the regulatory, compliance and corporate activities of private fund advisers. Mr. Gluck is the principal author and executive editor of the Guide to Private Equity Regulatory Compliance, published by Thompson in Summer 2016.
Mr. Gluck has extensive experience with fund formation, regulatory and compliance matters for private funds, including private equity and hedge funds. Mr. Gluck’s practice includes the formation of private funds, implementation of their ongoing compliance programs, securities offerings and corporate transactions. He has significant experience with federal, state and local "pay-to-play" rules regulating political involvement and fundraising by investment advisers.
Mr. Gluck serves as outside regulatory counsel for the Association for Corporate Growth (ACG), a leading trade association for small and middle-market businesses and private funds. He advises ACG on a broad range of regulatory issues, including securities regulations, the regulation of private funds and tax policy. He also advices ACG's Private Equity Regulatory Task Force (PERT), which interacts with Congress, the Securities and Exchange Commission and other federal agencies on behalf of middle-market private equity firms.
Mr. Gluck is a graduate of Columbia University Law School. He also holds an M.B.A. from the University of Southern California and a B.A. from the University of California, Berkeley.
Areas of Practice
- Private Equity
- Fund Formation
- Securities Law
- New York
- University of Southern California, M.B.A., 2007
- Columbia Law School, J.D., 1996
- University of California, Berkeley, B.A., 1992
- Association for Corporate Growth (ACG)
- Outside Regulatory Counsel
- New York City Bar Association
- Compliance Committee
Honors and Awards
- Law360 Private Equity Advisory Board, 2013-2015
- Co-author, "New Marketing Rule Under the Investment Advisers Act – Compliance Date Is Approaching," Duane Morris Alert, October 17, 2022
- Co-author, "New York City Bar Association Releases Report on CCO Liability: Four Recommendations for Regulators," Compliance & Enforcement, September 28, 2020
- Co-author, "COVID-19 Telework May Trim Fund Managers' NYC Biz Taxes," Law360, August 14, 2020
- "SEC Official Meets with PE Firms, Outlines Regulatory Priorities," Middle Market Growth, February 12, 2020
Featured, "The PFM Powerlist," PEI Manager, March 23, 2018
- Principal Author and Executive Editor, Guide to Private Equity Regulatory Compliance, Thompson, Summer 2016
- Featured in "Broker-Dealer Compliance Concerns Resurface," PEI's Private Funds Management, October 7, 2015
- "10 Key Issues For Private Equity In 2015," Law360, January 2015
- "SEC Warns Private Equity Fund Advisers about Compliance Shortcomings," May 5, 2014
- "SEC Ponders Whether Sponsors Are Broker-Dealers," Buyouts Magazine, February 18, 2014
- "The Volcker Rule: Overview and Compliance Requirements," January 13, 2014
- "10 Hot Topics for Private Equity Pros in the New Year," Law360, December 16, 2013
- "SEC Requests Public Comment on OFR Study of Risks in the Asset Management Industry," Client Alerts, September 30, 2013
- "SEC Lifts Ban on General Solicitations – Then Proposes Regulations Middle Market Growth," July 29, 2013
- "SEC Allows Public Advertising of Private Securities Offerings," July 11, 2013
- "Private Equity Advisers Must Be Mindful of Broker-Dealer Issues," Middle Market Growth, June 6, 2013
- "Legislation Would Exempt Private Equity Fund Advisers from Registration," Middle Market Growth, May 2012
- "How to Play by the Pay-to-Play Rules: 10 Things to Consider if Your Company Does Business With the Government," Inside Counsel, March 2012
- "STOCK Act Could Expand Insider Trading Laws to Prohibit Trading by Hedge Funds Based Upon Nonpublic 'Political Intelligence'," Hedge Fund Law Report, January 2012
- "STOCK Act Could Expand Insider Trading Laws and Restrict Investment Advisers' Use of "Political Intelligence," Client Alerts, October 6, 2011
- "How Can Hedge Fund Managers Participate in the Political Process without Violating Pay to Play Regulations at the Federal, State, Municipal or Fund Level?," Hedge Fund Law Report, May 2011
Selected Speaking Engagements
- Speaker, "How to Create a Killer PPM and Ace Due Diligence," Private Equity Professional Webinar, September 22, 2022
- Program Co-Chair, "CCO Liability and Regulatory Update: What Every CCO Needs to Know," New York City Bar, Webcast, February 25, 2021
Presenter, "Hot Topics for Emerging Managers," Emerging Managers Summit, New York City, September 23, 2019
- "Compliance Land Mines, Regulatory Burdens and Cyber Threat—What's a CFO/COO to Do?: Best Practices for Overseeing PE Fund Administration & Compliance," The Capital Roundtable, October 6, 2016
- Speaker, "The Guide to Private Equity Regulatory Compliance," Middle Market Growth magazine video feature, May 24, 2016
- Moderator, "Bridging the Capital Formation Gap: The Small Business Administration's SBIC Program," ACG Webinar, April 12, 2016
- RIA Watch Compliance Conference, Washington, D.C., November 17, 2015
- BKD Private Equity Conference 2015, November 4, 2015
- ACG Capital Hill Staff Briefing on Private Equity, October 30, 2015
- "Seven Steps to Take to Prepare for Your Next SEC Exam," Buyouts West 2015, Half Moon Bay, California, October 14, 2015
- "Best Practices for Marketing and Advertising Deal Making," ACG InterGrowth 2015, April 14, 2015
- "Economic Roundtable: Is the Sky Really Falling or is the Ground Just Rising Up?" Turnaround Management Association's 4th Annual Economic Forum, November 20, 2014
- ACG New York's Private Equity CFO Roundtable Reception and Dinner, October 23, 2014
- "SEC Regulations' Impact on Private Equity Firms: Marketing and Deal Origination Strategies to Stay Ahead...and Compliant," Association for Corporate Growth (ACG), October 2, 2014
- "ACG Presents: SEC Task Force Survey Results," ACG Webinar, September 18, 2014
- "How to Survive an SEC Presence Exam... and More!" a Capital Roundtable MasterClass, June 24, 2014
- "Are You Ready for the SEC's Next Big Move," Buyouts Chicago, May 7, 2014
- "SEC's OCIE Exam Issue for Middle-Market Private Equity Funds," ACG Webinar, April 28, 2014
- "Cybersecurity Issues in Dealmaking – What You Need to Know," ACG Webinar, February 20, 2014
- "SEC Issues No Action Relief for M&A Broker-Dealers: What Does This Mean for You?," Association for Corporate Growth, February 5, 2014
- "Washington Update: Campaign for Clarity," Alliance of Merger & Acquisition Advisors 2014 Winter Conference, January 15, 2014
- "The Volcker Rule and Its Impact on Private Equity," December 17, 2013
- "SEC Enforcement Activity and Regulatory Update for Private Equity Funds," West Legal Edcenter, September 26, 2013
- "SEC Rules on General Solicitation under Rules 506 and 144A and Related Prohibition on Bad Actors," West LegalEdcenter, July 24, 2013
- "General Solicitation: What Does the New Era of Rule 506 Mean for the Private Capital Markets," Privcap, April 22, 2013
- "Pay-to-Play: Best Practices for Investment Advisers," Webinar, June 8, 2011
Represented JB Investments Management in forming and launching JB Investments Fund III, LP, a hedge fund seeking to raise up to $1 billion to invest in publicly-traded oil and gas companies; simultaneously formed and launched a parallel U.S. fund and a Cayman Islands offshore fund to benefit tax-exempt and foreign investors.
- Represented Oxford Financial Group, Ltd., an asset management firm, in forming a $60 million co-investment fund.
- Represented Mission Engine, LLC in the formation of a $100+ million Fund II for a Philadelphia-based venture capital firm focused on Fintech and financial infrastructure such as payments, data platforms, and software.
- Representing and advising Tenex Capital Management in regulatory and compliance matters, and conducting mock SEC examinations for the firm.
- Representing a US-based, global venture capital fund manager that invests in a range of early-stage to growth companies supporting the fast-growing legal cannabis industry with creating a new fund.
- Serving as outside counsel for all regulatory and compliance matters for NewSpring Capital, a private equity firm managing $1.7 billion.