Overview
Scott Gluck is Of Counsel in the Investment Funds & Private Capital practice at Paul Hastings and is based in the firm’s New York office. Scott focuses his practice on counseling investment advisers on regulatory, compliance, and formation matters relating to private funds. Scott helps fund sponsors develop firm-wide compliance programs, navigate a rapidly changing regulatory environment and prepare for SEC examinations. He is the principal author and executive editor of the Guide to Private Equity Regulatory Compliance, published by Thompson in 2016.
Scott served as outside regulatory counsel for a leading trade association for the middle-market private equity industry, assisting it in engaging with the SEC and Congress. He also has significant experience in structuring, launching and marketing private funds, as well as advising global institutional and family office investors into private funds.
Scott is member of the State Bar of New York and serves on the New York City Bar’s Compliance Committee, where he served as Co-Chair of the Securities Subcommittee. He 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.
Recognitions
- Law360 Private Equity Advisory Board, 2013-2015
Education
- University of Southern California, M.B.A., 2007
- Columbia Law School, J.D., 1996
- University of California, Berkeley, B.A., 1992
Representations
- Serves as primary regulatory counsel for numerous investment advisers, private fund sponsors and asset managers.
- Represented a global fund-of-fund manager in multiple transactions, including in its investments into a variety of private equity, real estate, venture capital and co-investment funds.
- Represented one of the largest independent RIA firms in the country on regulatory matters and the formation of more than a dozen private funds.
- Served as outside regulatory counsel for a leading trade association for middle-market private equity, advising it on its interactions with the SEC and Congress.
Fund Formation Matters
- Represented hedge fund manager in forming and launching its Fund III and Fund IV, both onshore/offshore hedge funds.
- Represented venture capital firm in the formation of two venture capital funds focused on Fintech and financial infrastructure such as payments, data platforms, and software.
- Represented a US-based, global venture capital fund manager in the creation of a cannabis-focused fund.
insights
- SEC Division of Examinations: 2025 Examination Priorities - November 11th, 2024
- SEC Examination Priorities Signal Capital Markets Enforcement - November 7th, 2024
- SEC Decides Not to Seek Supreme Court Review of Decision Vacating Private Fund Rules - September 10th, 2024
- The Fifth Circuit Vacates the SEC’s Private Fund Rules - June 5th, 2024
- SEC Division of Examinations Issues Risk Alert on Marketing Rule Deficiencies - April 29th, 2024
- Investment Funds & Private Capital Market Insights: SEC Announces 2024 Examination Priorities - October 24th, 2023
- Investment Funds & Private Capital Market Insights: SEC Adopts Scaled-Back Version of Private Fund Rules (Part 2 of 2) - September 14th, 2023
- Investment Funds & Private Capital Market Insights: SEC Charges Nine Investment Advisers for Advertising Hypothetical Performance to the General Public Without Adopting Policies and Procedures - September 13th, 2023
- Investment Funds & Private Capital Market Insights: Selection and Scope of SEC-Registered Investment Adviser Examinations - September 11th, 2023
- Investment Funds & Private Capital Market Insights: Industry Groups Challenge Over Private Funds Rule - September 5th, 2023
- Investment Funds & Private Capital Market Insights: SEC Adopts Scaled-Back Version of Private Fund Rules (Part 1 of 2) - August 24th, 2023
- SEC Charges FinTech Adviser for Misrepresenting Hypothetical Crypto Performance Resulting in Million Dollar “Marketing Rule” Enforcement - August 23rd, 2023
- SEC Rulemaking: Proposed Rule on Use of Predictive Analytics, AI and Other Technologies - August 2nd, 2023
- SEC Adopts Updates to Private Fund Reporting on Form PF - May 5th, 2023
- SEC Adopts Updates to Private Fund Reporting on Form PF - May 5th, 2023
Engagement & Publications
Selected Publications
- Co-author, "New Marketing Rule Under the Investment Advisers Act – Compliance Date Is Approaching," 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
- 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
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
Involvement
- New York City Bar Association, Compliance Committee, Securities Subcommittee Co-Chair (2021-2022)