James E. Anderson is a partner in the Asset Management Department and Chair of the Regulatory and Enforcement practice, in the Washington, D.C. office. His practice covers the entire range of securities regulation and he advises a wide variety of clients, including investment advisers, hedge funds, private equity funds, mutual funds, banks and broker-dealers.
Jim advises clients on a broad variety of matters. He has advised investment advisers and investment companies in the purchase and sale of investment advisers and funds. He has counseled investment advisers and hedge funds on compliance matters such as the development and implementation of compliance policies and procedures, mock examinations and other comprehensive reviews of compliance systems and procedures, and investment adviser registration requirements. A central component of his practice is representing investment advisers and hedge funds in examination and enforcement-related inquiries by self-regulatory organizations and the SEC. Jim advises investment advisers on compliance with Reg. S-P and the adoption of required policies and procedures to protect consumer financial information. He also advises investment advisers in connection with privacy breaches and related regulatory reporting and enforcement.
Experience
Prior to joining Willkie, Jim was a partner at WilmerHale, where he served as Chair of the Investment Management Practice, among other roles. Early in his career, he served as a Staff Attorney in the SEC’s Office of Investment Company Regulation of the Division of Investment Management.
Jim has been recognized as a nationwide leader in the area of investment funds by Chambers USA (2005-2014, 2017 and 2019-2022), including being ranked in Band 1 for Investment Funds: Regulatory & Compliance in 2022. Additionally, he was selected by his peers for inclusion in Best Lawyers in America in 2008-2010 and 2013-2023 in the area of mutual funds law, and has also been recognized by his peers as a leader in his field in Legal Media Group's Capital Markets Lawyers.
- December 2022
“SEC Proposes New Rule to Require Investment Advisers to Conduct Additional Oversight of Service Providers,” Harvard Law School Forum on Corporate Governance (co-author) - March 2014
IBA/ABA 15th Annual Conference on Private Investment Funds
London - June 2013
Investment Management Webinar: Valuation Issues, SEC Examinations & Enforcement Actions (Webinar) - March 2012
Investment Adviser Association Compliance Conference
Arlington, Virginia - October 2011
Investment Advisers Association – Compliance Workshop - March 2011
SIFMA Compliance & Legal Society Compliance Conference - March 2011
ACA Spring 2011 Compliance Conference
Orlando, Florida - January 2011
Dow Jones Private Equity Analyst Outlook Conference - December 2010
Investment Advisers Association – Compliance Workshop
San Francisco, - November 2010
Investment Advisers Association – Compliance Workshop
Chicago - February 2010
Investment Adviser Compliance Forum
Jim has worked on the following recent matters*:
- An investment adviser seeking an order from the SEC exempting the adviser from the two-year prohibition on compensation imposed by Investment Advisers Act of 1940 Rule 206(4)-5(a) following a prohibited contribution to a political candidate by one of the adviser’s employees.
- A family office seeking an order from the SEC exempting the family office from registration as an investment adviser so that the family office can continue to provide services to a long-time client who is not a “family client” under Advisers Act Rule 202(a)(11)(G)-1.
- Investment advisers whose affiliates have settled mortgage-related cases with various state and federal regulatory authorities to obtain orders from the SEC exempting the investment advisers from the automatic disqualification provisions of Section 9 of the Investment Company Act of 1940.
- Representing a broker-dealer/investment adviser in a FINRA investigation of its email retention and recordkeeping.
- Representing a broker-dealer/investment adviser in a FINRA investigation of its leveraged ETF and mutual fund sales practices.
- Representing a broker-dealer/investment adviser in a FINRA investigation of unauthorized outside business activities by a registered representative.
- Coordinating on behalf of a hedge fund a multinational internal review of alleged improper trading activities in connection with a corporate takeover.
*Jim advised on some of these matters at his previous firm.
Credentials
Education
Brigham Young University - J. Reuben Clark Law School, J.D., 1992 University of Utah, B.A., 1988