December 2022 Clients, Friends, Associates: As we near the end of 2022, we have highlighted some recent industry updates that we believe may impact our clients. We have also developed a checklist to help managers effectively oversee the business and regulatory landscape for the coming year. While we strive to present an informative, albeit brief, overview of these topics, we are also available should you have any related questions. This update includes the following: Q4 Matters Annual Compliance & Other Items Annual Fund Matters Annual Management Company Matters Notable Regulatory & ..read more

Items to Consider for Fund Terms / Structures We are moving into the next phase of operations after the FTX collapse – for those crypto funds that did not face issues with assets on FTX (and even for those who did and who are remaining in business), we are now examining how this disruption changes the way managers operate their business and/or how do investors look at crypto fund terms and operational structures.  As managers deal with questions from investors, or how they will proceed with their operations post-FTX bankruptcy, they may want to be thinking about the following items: Side ..read more

Contracting for the Sale of a FTX Bankruptcy Claim There are a number of digital asset focused funds that have their assets on FTX frozen pending the bankruptcy process.  These managers now have a claim against FTX and it is unclear when such claims will ultimately be settled and for how much.  For a variety of reasons then many of these groups are looking to sell their claims and move on with their operations (either to continue their investment program or to close down).  In the event a crypto manager does decide to sell a claim, we believe the sale should be memorialized in a ..read more

Remarks from Digital Asset Private Fund Conference A couple of weeks ago on November 3rd our law firm sponsored and ran our digital asset fund conference called CoinAlts. While originally an open conference for all in the digital assets space, it has more recently turned into a client event centered around crypto fund managers.  The goal has always been the same though – to come together to discuss topical digital asset items and to figure out ways for our manager clients to operate their business better.  We were lucky that the conference happened just before the FTX debacle unfolde ..read more

July 21, 2022 Clients, Friends, Associates: As we end the second quarter and enter the summer season, we would like to highlight some of the recent industry updates and occurrences we found to be interesting and impactful. While we try to keep these topics higher-level, please feel free to explore the links included and reach out to us if you have any related questions. **** CFM Items We are pleased to announce the addition of Alex Yastremski to our firm as Partner to lead our Digital Asset Practice. We’d also like to highlight the addition of Frank J. Martin as Counsel and ..read more

San Francisco, Calif. – July 14, 2022: Investment management law firm Cole-Frieman & Mallon LLP (“CFM”) is pleased to announce that Counsel Tony Wise has been promoted to Partner. Mr. Wise joined CFM in 2016 and advises asset managers in fund formation and regulatory matters. Mr. Wise specializes in funds that invest in cryptocurrency and the broader ecosystem, and more recently has focused on digital asset counterparty documentation. Mr. Wise helped Partner Scott Kitchens open CFM’s Denver office in 2019. “We are proud to advance Tony to the role of Partner. He has undoubtedly earned it ..read more

Cole-Frieman & Mallon LLP has hired Alex Yastremski as a Partner to lead its Digital Asset Practice. Mr. Yastremski is a digital asset industry veteran with significant experience helping large and small companies with their go-to-market strategies. His practice is focused on start-ups through emerging growth companies, venture capital financings, equity issuances (including Web3 platforms and token launches), and other regulatory matters related to blockchain-related businesses. Press Release ..read more

We are thrilled to announce that we are sponsoring the Bitcoin 2022 conference in Miami next week. The team from CFM will be attending the conference and many of the ancillary events and look forward to meeting with clients, friends, service providers, and some of the most critical minds in the digital asset space.  Karl Cole-Frieman, Bart Mallon, Dave Rothschild, Tony Wise, Malhar Oza, and Dominic Althoff will all be there.  We welcome you to engage with our team of industry-leading lawyers, so please get in touch with us if you want to catch up or schedule a meeting next week in Mi ..read more

We wanted to take this opportunity to thank everyone who attended and participated in our 2022 compliance update hosted by Justin Schleifer, Co-Founder, President (Aspect Advisors), and Bart Mallon, Co-Managing Partner (Cole-Frieman & Mallon). Our discussion on March 3 touched on many essential topics for financial industry professionals to keep top of mind for the upcoming year.  Some high points included: Compliance Calendar. Imminent Deadlines & Filings ADV and CRS – March 31 Form PF – April 30 (annual filers) Rule Implementation Dates SEC Advertising Rule – November 2022 ..read more

Clients, Friends, Associates: As we near the end of 2021, we have developed a checklist to help managers effectively oversee the business and regulatory landscape for the coming year. We have also highlighted some recent industry updates that we believe may impact our clients. While we strive to present an informative, albeit brief, overview of these topics, we are also available should you have any related questions. This update includes the following: Annual Compliance & Other Items Annual Fund Matters Annual Management Company Matters Regulatory & Other Items from 2021 2022 Complia ..read more