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Victor L. Zimmermann
vzimmermann@curtis.com
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Stamford Office
Practice
Managing Partner of the Stamford, Connecticut office, member of the International Corporate Department and Vice Chairman of the Firm's International Funds Group, Mr. Zimmermann began his legal career as an associate in the litigation department of the Firm in 1977. Prior to rejoining the Firm in 1999, Mr. Zimmermann was with the Enforcement Division of the Securities and Exchange Commission in Washington, D.C. and in private practice in Connecticut.
Mr. Zimmermann has broad experience in the investment management area, representing broker-dealers, banks and investment advisers, as well as managers, sponsors, investors and consultants involved with domestic and offshore hedge funds and other private investment partnerships. Mr. Zimmermann has also been active in civil litigation on behalf of both managers of funds as well as institutional investors and regulatory proceedings before the SEC and other federal and state regulatory bodies. Mr. Zimmermann has also been particularly active in structuring and negotiating compensation arrangements on behalf of in-house managers with their institutional employers. Mr. Zimmermann is a frequent speaker at conferences relating to hedge funds and other investment partnerships and is regularly published in journals in the financial services industry.
Education
- J.D., Fordham University School of Law, 1977
- B.A., College of the Holy Cross, 1974
Representative Matters
- Representation of sponsors and managers in the establishment of domestic and offshore hedge funds and funds of funds focused on long/short equity, global macro, commodities and natural resources, asset-based lending, trade finance, biotech, activist investing, and other strategies
- Organization and ongoing representation of commodity pool operators, investment advisors, and broker-dealers.
- Representation of third-party marketers in connection with distribution agreements with hedge funds and fund of funds.
- Representation of investor in Chapter 11 proceeding of a hedge fund and pre-petition efforts to effect priority of claim.
- Representation of fund of funds during Chapter 11 proceedings in connection with regulatory issues and SEC examination.
- Representation of an investor attempting to obtain rescission of his hedge fund investment based on inadequate disclosure of fund's management, performance and investment strategy.
- Representation of in-house managers employed by major financial institutions in the negotiation, structuring and drafting of compensation packages.
- Defense of alleged tippees accused of insider trading in SEC enforcement action brought by Miami regional office.
- Defense of alleged tippee accused of insider trading in an action brought by the Securities and Exchange Commission and subsequent appeal to the Second Circuit Court of Appeals.
- Representation of a major international banking institution and primary dealer of the Federal Reserve in connection with various licensing applications before the State of Connecticut Banking Department.
Associations
- Securities Industry Association, Compliance and Legal Division
Speeches
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Financial Research Associates, LLC and the Hedge Fund Business Operations Association Marketing & Client Servicing for Hedge Funds Conference, “Complying With FINRA & SEC Marketing Requirements,” February 12, 2008
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Financial Research Associates, LLC 4th Annual Hedge Fund Incubation and Seeding Conference, “Terms and Conditions for Starting a Hedge Fund Through Seeding/Incubation”, January 30, 2008
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Financial Resource Associates Hedge Fund Financial Reporting Seminar, October 5, 2007, “Valuation Guidelines and Fair Value Accounting Update”
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Lipper HedgeWorld Investor Outlook 2007, Moderator, October 2, 2007, “Seeding Capital: The Tradeoffs”
- Financial Research Associates, LLC, The Annual Hedge Fund Business Operations Forum, September 11, 2007, “Managing Costly Cash Flow Mismatches Through Credit Facilities”
- Hedge Fund Incubation and Seeding Conference, April 24, 2007, chairman of a workshop “Starting and Managing a Hedge Fund Management Company” and spoke on “Legal and Regulatory Issues in Setting Up a Hedge Fund Management Company”
- MARHedge 12th Annual European Conference On Alternative Investments, February 6, 2007, Moderator - Hedge Fund Blowups - A Case Study”
- Hedge Fund Incubation and Seeding Conference, September 11-12, 2006, “Legal and Regulatory Issues in Setting Up a Hedge Fund Management Company”
- Hedge Fund Incubation and Seeding Conference, January 30-31, 2006, “Barriers to Entry in a New Legal and Regulatory Environment”
- 2006 Lipper Fund Services Expo, January 12, 2006, “Hedge Fund Due Diligence”
- 3rd Annual Hedge Funds Business Operations Forum, December 1, 2005, Moderator - Compliance Session
- Managed Accounts Compliance Forum, November 29-30, 2005, “The Custody of Client Assets and Amended Rule 206(4)-2”
- Financial Research Associates, July 26, 2005, “Is Third-Party Marketing the Right Approach for You?”
- Lipper HedgeWorld Fund Services Expo, May 3, 2005, “Dealer’s Choice: Buy, Sell or Merge Your Hedge Fund Business?”
- Association of Corporate Counsel, May 21, 2004, “When the SEC Comes Calling”
- Financial Research Associates, January 17, 2002, “Fund of Funds - Special Legal Considerations for Managers and Investors”
- Institute for International Research, May 31, 2001, “Compliance: Understanding the Legal Ramifications of Hedge Fund of Funds”
Publications
- Co-authored with R. Jay Fortin, “Issues for Asset-Based Lending Funds – Protecting Your Collateral in Structured Cross-Border Commodity Finance,” ALTERNATIVE INVESTMENT QUARTERLY, Issue 22: First Quarter, pp. 19-25, 2007.
- Co-written with Colby Jenkins, The Future of Soft Dollar Practices in Light of New Hedge Fund Regulations, Alternative Investment Quarterly, Issue 13: Fourth Quarter, pp. 5-10, 2004. The article is viewable by clicking on the title.
- Compensation Issues and Trends in Structuring Agreements with an In-House Portfolio Manager, Alternative Investment Quarterly, Issue 12: Third Quarter, pp. 36-39, 2004. The article is viewable by clicking on the title.
- Hedge Fund Practices of Brokers Come Under Close Scrutiny, Alternative Investment Quarterly, Issue 9: Fourth Quarter, pp. 23-26, 2003. The article is viewable by clicking on the title.
- Positioning the New Hedge Fund for Capital, Alternative Funds Services Review, pp. 20-22, September/October 2003. The article is viewable by clicking on the title.
- Hedge-Linked Notes as a Means to Hedge Fund Investing: Does it Justify the Hype?, ABANA Review, Vol. XX, No. 2, pp. 8 - 11, 15, Fall 2003.
- Current Trends Affecting Flows to Hedge Funds, The Capital Guide to Hedge Funds 2003, pp. 67-70, January 2003. The article is viewable by clicking on the title.
- Hedge Fund Marketing: Pros, Cons and Structuring Agreements with Third-party Marketers, Alternative Investment Quarterly, Issue 4: Third Quarter, pp. 11-15, 2002. The article is viewable by clicking on the title.
- Hedge-Linked Notes as a Means to Hedge Fund Investing: Does it Justify the Hype?, Alternative Investment Quarterly, Issue 3: Second Quarter, pp. 24-28, 2002. The article is viewable by clicking on the title.
- To Register or Not: A Finder’s Big Dilemma, The National Law Journal, B9, January 22, 2001.
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