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21.09.2014
Over the years, it’s become clear that a few simple decisions often determine whether law firms succeed or fail in their online advertising efforts.
In my experience, if you do it right, you can spend 50% less per lead than the competition and increase your caseload by 27%. After observing so many law firms crash and burn online, I thought it would be helpful to describe which online marketing choices create success (and which predict failure) in the legal industry. Successful law firms are in touch with their target audience and connect with them where it counts.
Depending on how you are advertising or which search terms you are using, your potential clients will respond to different messaging.
The most effective law firms understand how search terms or other targeting methods are connected to different phases of the buying cycle. To be truly effective, you need to identify your client solution funnel and create a plan that carries potential clients from initial interest to your door.
The more often and earlier you can connect with potential clients, the more likely they are to choose your firm. Obviously, you will need to identify your target market and use the social media platforms they are on, but Facebook makes it easy to target and deliver high quality content based ads. Again, the more touches you can have with potential clients (or current clients), the more effective your advertising will be.
Ideally, remarketing campaigns would be a great way to stay in front of people who have expressed an interest in your firm, but the sensitive nature of the legal industry often makes it difficult to get remarketing lists approved.
Instead, successful firms use other—more readily approved—marketing channels to stay in front of their audience. For example, Google offers Display Select Keywords (formerly Search Companion Marketing) ads that let you target certain keywords and show ads on Google’s Display Network when a user searches but doesn’t click on your ad. Regardless of the specific solutions, the more you stay in front of potential clients, the more likely you are to secure their business. This should be a no brainer, but I still see personal injury (or other) ads that take you to a home page that detail every legal service offered by the firm. If they click on a personal injury ad, they should end up on a landing page that is focused on personal injury legal services. I know there are the occasional exceptions, but most law firms lack the time, attention and manpower to really succeed in the highly competitive world of online advertising.
Regardless of who you choose to help manage your online campaigns, you’ll want to work with them to create a strategy and develop a roadmap. The most effective law firm marketers target their messaging to the needs and mindset of each audience. The combination of specific targeting and ongoing testing is what allows you to create the kind of message that speaks directly to your target audience.
Las Vegas, for example, is one of the most competitive markets in the country for Bankruptcy, Personal Injury, Divorce (as you can imagine) and DUI law. With all the competition in the legal industry, the only way to come out on top is to know your competition—and how to beat them. Although the internet can be a huge source of clients for your firm, it’s important not to forget the importance of offline and traditional media channels. While offline and traditional advertising channels may not offer the wealth of targeting and tracking options that come with online advertising, they are still a crucial part of building (and reinforcing) your local brand.
Even if no sees your billboard or mail out and decides to call your firm, running conventional ads creates familiarity—when they do go online, they will be much more likely to click on your ads and convert.
Provide valuable content, reach potential clients by being where they are and match their problem with your solution. Once you own your key social platforms and ad networks, use what works from those forums to enter additional channels. That way, your advertising will always be as effective as possible. Advertising online for the legal industry is both competitive and expensive, which leaves little room for error. If you’d be interested in having me look at your digital marketing strategy, let me know here or in the comments.
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In addition to WISP development and implementing additional policies (Access Control, Personal Information Security, Incident Response, etc.), and, of course, employing layers of security across infrastructure, employee awareness and training is the last critical piece of the puzzle.
Paul concluded by describing the five most common mistakes new launches make during the start-up phase, and how to avoid them. You haven’t fully considered the multiple roles technology plays in your current work environment. This uncertainty calls for careful consideration of what type of space is best suited for your firm. Given the variety of different spaces available, the timeline for new firms to be up and running can vary considerably. Segal noted that despite increased regulatory exposure, the general insurance market for hedge funds has reacted quite favorably. If you’re targeting institutional investors, Segal recommends looking at certain coverages right away. Specifically, on the cyber front, Palagonia outlined the differences between first party and third party standard coverage. In commenting on the SEC, our guests also touched upon regulations involving vendor relationships and third party risk.
Both speakers agreed that there are many variables impacting the cost of a cyber insurance policy: among them the cost of the business, the industries served, revenues, number of employees, and retention. Our guests concluded by emphasizing once more how scary the escalation in cybercrime has become.
Exempt Reporting Advisors (ERA) – An exempt reporting advisor is any advisor that takes advantage of the venture capital fund advisor exemption or the private fund advisor exemption. Make sure marketing and advertising material are in compliance with the anti-fraud provisions of the Advisers Act preventing advisors from engaging in manipulative activity. From D Filings – Form D is a filing required by private investment funds engaged in a regulation D offering under the Securities Act of 1933. Cybersecurity – This has become one of the biggest focuses of the SEC since April of 2015.
For example, adopting an incidence response plan will help to mitigate the aftermath of a breach.
Insider Trading – Insider trading refers to when a person uses nonpublic information to make a trade. Virtual family offices first gained modest popularity in the 1990’s, particularly in London, Zurich, and New York, as wealthy families heard about the benefits of having their own single family office and desired the direct control that can be designed into such a structure. One might wonder why a family would set up a virtual family office rather than hiring a multi-family office or establishing a full-fledged single family office. In my experience, this is not common practice but it can be a tremendous benefit for families that use this strategy. Cost: In theory, your gross costs of running a single family office are reduced if you select highly-experienced outsourced partners.
As many of you likely know, virtual family offices are the exception, not the rule, when it comes to family office structures. Service Provider Selection Risk: Since most of operations and the investment team are outsourced, your ability to select the right service providers at the right price is critical. In addition to having a compass, having the right experienced and well-connected advisory board constructed helps ensure that you can review the most well-qualified service providers instead of the ones who live in your city, or are family friends, etc. Speed: Since most of your team is outsourced while operating a virtual family office, you may be disappointed in having to wait a half day or more for a reply from a provider when a critical event such a sale of an asset, end of a tax period, public offering, natural disaster, or death in the family has occurred. Confidentiality: Naturally, when everything you invest in is reviewed or managed by outside partners, there is a higher chance of others seeing your investment portfolio and benefiting from that knowledge.
As I noted in the beginning of this piece, the virtual family office concept is still a relatively new one. He went on to note that the operational due diligence (ODD) industry has grown dramatically post-Madoff.
Given the importance of outsourcing from an investor perspective, service provider selection must be carried out carefully. Knowledge and Experience in Investment Strategy – Can they do bank debt, trade claims, etc.? Breadth of Services – Can they provide audit and tax services under one umbrella or compliance and technology services? Fund structure: Is it a domestic LP or full blown master feeder structure with onshore offshore feeders and an offshore master? Size of organization: This will determine whether an organization launches in a hedge fund hotel or rents their own office space. To hear more from Frank Napolitani about startup budgets, ODD preparation and best practices, listen to the full replay below. Benefits: Benefits will be one of the most important factors your employees will consider when deciding to work for you. To hear more of what Maya shared during her webinar, including information on creating employee handbooks, and how the Affordable Care Act is affecting insurance coverage, listen to the full webinar replay below. Many firms create a 10-20-page written information security plan that formalizes the definitions and policies that govern the creation, access, and deletion of confidential information and computing services. Regulatory Risks – Following the right security practices will enable you to achieve clean audits from industry and government regulators.
Personal Email – Even if your employee is following all of your processes and practices with work-related email, you could still be vulnerable if her private, personal email is breached or corrupted. By developing an internal culture of security, the organization does far more than deploy and configure bits and bytes.
The cybersecurity landscape is constantly changing and today the cyber threat actors range from organized crime to state sponsors. When it comes to advanced persistent threats, the cyber criminals often use targeted social engineering tactics including spear phishing. Real-time intrusion detection and prevention systems that include 24x7 monitoring by security experts are a key defense in finding and stopping network intruders. Show investors that you have a 3+ year budget for working capital without any performance fees.
Make sure to properly allocate expense and investment opportunities if you decide to launch a single investor fund or separately managed accounts. When it comes to seed arrangements, pick the right partner and put parameters around potential issues that could arise.
Become familiar with the changing expectations on the cybersecurity front, from both investors and regulators. The Cybersecurity Interpretive Notice applies to all membership categories--futures commission merchants, swap dealers, major swap participants, introducing brokers, forex dealer members, commodity pool operators and commodity trading advisors. But whatever approach is taken, the Cybersecurity Interpretive Notice requires Members to adopt and enforce an information systems security program (ISSP) appropriate to its circumstances. Description of ongoing education and training related to information systems security for employees.
NFA recognizes that some Members may face a significant challenge implementing ISSPs by the March 1, 2016 effective date, and any programs that are adopted will be refined over time. Eze Castle Integration’s Cybersecurity Practice Team is available to create Written Information System Security Programs for firms.
Investment firms often place too much emphasis on managing portfolios and not enough on managing the business as a whole. The decisions you make from the outset will define how your firm is regarded within the industry, by both investors and competitors.
Since the 2008 economic collapse and scandals caused by the likes of Madoff, transparency has become a key requirement for investors.
By investing upfront in operational and technology systems that can support your business and propel operations, you provide your firm with marketing tools that will far surpass the capabilities of a presentation or pitch book. These critical considerations are ideal for new managers to address as they enter the startup phase. Operating capital may be limited in the first few years after your launch, so careful budgeting and long range planning will serve your firm well. Governmental oversight of the financial industry has evolved dramatically in the last decade. Apart from registration, you should also determine if there are any legislative implications for your new firm. Since 2014, cybersecurity preparedness is also a critical area of focus for regulatory bodies. Cloud services offer more flexibility than traditional infrastructure models and, beyond cost-savings, can reap rewards for new launches.
Of course, one of the greatest benefits to using an outsourced cloud service is professional management and monitoring. Beyond infrastructure safeguards, it is critical that firms implement policies and procedures to protect firm and client assets. One of the first decisions you’ll need to make as a new investment manager is how to set up your hedge fund. Based on these structural decisions, you’ll need to determine your tax implications as well as regulatory requirements. Once upon a time, hedge fund marketing was generally frowned upon, and in some cases, illegal. During the initial marketing phase when a new launch is looking to secure startup capital, it’s important that firms understand their key selling points. Every successful hedge fund needs smart partners on their side, therefore deciding what service provider your firm is going to engage with is one of the most critical decisions your new startup will make. Positively, using best-in-class vendors will say a lot to investors about the value you place on your firm.
While the list of considerations is surely long for new hedge fund managers, we've whittled it down to 10 Keys to Launching a Hedge Fund Successfully - a guide for new startups to use when setting off on their new journey. The Securities and Exchange Commission took major strides to regulate investment firm cybersecurity practices in 2015, with the release of multiple guidance updates (Click for the September 2015 update).
The abovementioned Resolution proposes to simplify the state registration procedure for all medicinal products that have already been registered in the USA, Switzerland, Japan, Australia, Canada, and the EU. Novelties in materials expertise for the abovementioned category of medicines and requirements to such materials deserve a special attention. It is worth to mention that despite the fact that the Resolution has not come into effect yet, the text of this legal regulation published on the CMU web-site should be considered as final. Upon the consideration of the provided materials the Antimonopoly Committee has come to the conclusion that given marketing agreement does not contain any signs of the abuse of monopoly and anticompetitive concerted actions conducted by GlaxoSmithKline Ukraine. Moreover, the project team put major efforts into the materials preparation aimed at the justification of Competition Law non-infringement by the drafted marketing agreement concluded with the pharmacies and pharmacy chains.
The document proposes to extend the list of medicinal products liable for simplified state registration, in particular to simplify the procedure for those medicinal products that have already been registered by the competent authorities of the USA, Switzerland, Japan, Australia, Canada or the European Union.
The Parliament Health Care Committee did not support this Draft Law and submitted it for further improvement. The Regulation proposes to establish the selection procedures (development of the first draft Essential Medicines List by the Expert Committee) and yearly revision of the National Essential Medicines List. Further, upon the approval of the first Draft National Essential Medicines List the Expert Committee shall revise the existing taking into account the abovementioned factors and sources.
The Draft Regulation also established the schedule of revision of the National Essential Medicines List.
Please note that the Order of the Ministry of Health of Ukraine as of February 11, 2016, a„– 84 approved the Regulation on the National Essential Medicines List and the Regulation on the Expert Committee on the selection and usage of essential medicinal products. For 28 years, The Legal 500 has been analyzing the capabilities of law firms across the world, with a comprehensive research programme revised and updated every year to bring the most up-to-date vision of the global legal market.
The Concept suggests the implementation of activities aimed at solving the issues of timely patients support with qualitative, safe and efficient medicinal products, immunobiological products and medical evices, and activities aimed at the prevention of corruption and limited competition that lead to medicinal products and medical devices procurement at an over-inflated price. The document authors note that the Concept designates the directions, mechanisms and terms for public procurements system transformation in healthcare sector of Ukraine through the development of modern convenient system aimed at the establishment of competitive environment and further development of fair competition in this sector. The Concept shall be implemented with the assistance of international organizations and donors in three stages during 2016—2018.
Stage 1 (2016) – establishment of institutional and legal basis for the reformation of public procurements in healthcare sector. CPO shall fulfill the procurements at local and foreign levels, and if required shall maintain the procurement from international suppliers — import of medicinal products, immunobiological products and medical devices, involve other organizations into customs clearance, storage and distribution, conduct other business activities based on long-term plan principles. The procedure for insulin products reimbursement foresees that the pharmacy warehouse should file monthly report on the medicinal products sold. Moreover, the document amends the CMU Resolution as of March 5, 2014, a„– 73 "On the Implementation of Pilot Project on State Regulation of Insulin Products Prices" regarding the definition of the unified mechanism of the state regulation of insulin products prices.
These medical devices are allowed for market distribution before their expiry date and not later than 5 years from the date of their sales start without the compliance assessment and national quality standard mark. Based on the abovementioned, the compliance assessment procedures shall become obligatory starting from July 1, 2017 for registered medical devices with the unlimited state registration certificate or with the certificate expiring after this date. Another significant change introduces the opportunities to conduct the compliance assessment procedures during the period of validity of medical devices registration certificate. Moreover, certain changes have been introduced into the registration of the officials responsible for putting medical devices into operation. In case such entity is not a resident of Ukraine, the authorized representative should be assigned with the responsibility to introduce such medical devices into Ukrainian market. State Administration of Ukraine on Medicinal Products should maintain a Register of entities responsible for the introduction of medical devices into the market. The legal support of the development and adoption of the abovementioned Order of Cabinet of Ministers, as well as the above-mentioned order of the Ministry of Health of Ukraine was provided by the Legal Alliance Company in cooperation with the SIAPS project.
The said provision establishes that the drugs will be included in the National List of Essential Medicines (hereinafter - the National List), taking into account population incidence rates, prevalence of disease and mortality, evidence of the comparative effectiveness (performance), safety and cost-effectiveness of medicines, as well as industry standards  in terms of health and level of funding for health care. The Expert Committee will consist of 12-18 people, it will be composed of specialists with higher medical, pharmaceutical and economic education.
Once an expert committee under the Ministry of Health of Ukraine is established, work concerning the selection of drugs to be included in the National List will be conducted by them. Interested individuals and legal entities can apply with a package of necessary documents  for inclusion of drugs in the National List of Medicines.
Notice of tax assessment is developed for each separate tax due together with the penalties, as well as for each penalty and poena for the violation of other legislation being under supervision of regulatory authorities.
Notice of tax assessment is considered to be submitted to the taxpayer – legal entity if such assessment notice is delivered by hand to the official employee of such taxpayer against acknowledgement or forwarded in a letter with notification of the delivery.


Notice of tax assessment is considered to be submitted to the taxpayer – individual if such assessment notice is delivered by hand to such individual or his authorized representative or forwarded in a letter with notification of the delivery to the address of residence or of the latest known location of such individual.
The new Law provides for the implementation of public procurement with the use of two competitive regulatory procedures: open tendering and competitive dialogue, as well as a non-competitive procedure - negotiating the purchase procedure. An important innovation of the Law is the introduction of electronic procurement (e-auction), the electronic review system, as well as the implementation of the exchange of information, documents, to provide clarifications in the e-procurement system. Moreover, for the conduct of unauthorized concentration, which did not lead to monopolization and significant impediment of competition on Ukrainian market , the AMCU recommends to calculate the basic penalty in accordance with the total revenue (income) received from the sales of products (goods, services) at all commodity markets of Ukraine.
The AMCU made the greatest specification regarding the calculation of the basic penalties in the cases of the infringements of informational character. Moreover, the AMCU believes that if the incorrect information has been provided several times during the consideration of the case regarding the violation of informational character, the total penalty charges shall amount to the penalty for one relevant violation.
It is worth to mention that the AMCU established the reduced penalty, which may be imposed on the respondent during the investigation of the case of informational character and on the applicant in the case regarding the concentration and the concurrent actions if they provided incomplete case information. Correction of previously determined penalty taking into consideration the aggravating and mitigating circumstances. Declarations with violation of the deadlines for submission for the reporting period in case the application is submitted within its contents.
The registers are published at the official State Fiscal Service’s web-site on a daily basis. In case the Main Directorates of the State Fiscal Service in regions, or in the city of Kyiv send to the appellant the decision on final or partial denial of the appeal, the appellant has a right to file the subsequent appeal within 10 calendar days upon the receipt of such decision.
The document in its new edition, updated and improved in line with the requirements of the Law of Ukraine "On Prevention of Corruption", was recently approved by the  Management Board of AIPM Ukraine. The project was conducted by Oleksii Bezhevets, partner with Legal Alliance Company and senior associate Lidiya Sangarovskaya-Gurlach. The most important among the suggested amendments is the one concerning the Procedure of monitoring of adverse reactions to medicinal products permitted for medical use as approved by decree a„– 898 of the Ministry of Health of Ukraine, dating December 27, 2006 (hereinafter - the current procedure), in the new edition, changing its name to "The Procedure for the Conduct of Pharmacovigilance" (hereinafter - the new procedure).
Thus, the new procedure determines that the applicant may have more than one system of pharmacovigilance, for example, specific systems for different types of medicines (vaccines, OTC drugs, etc.). With regards to the authorized person, the new order establishes that in the case of the applicant, who is located in Ukraine, the authorized person must be part of the applicant's personnel. The new procedure defines the document with a detailed description of the pharmacovigilance system as a Pharmacovigilance System Master File (PSMF). An important achievement of the new procedure is to establish the requirements for the system of risk management in pharmacovigilance.
In contrast to the existing rules, the new procedure provides for the obligation of creating a risk management plan.
In concern with medicinal products that do not require the creation of risk management plans, the applicant must support the specification file of important identified risks and important potential risks with the aim of preparing regular reports.
In terms of other amendments foreseen by the new procedure, emphasis should be given to the advanced categorical apparatus and a new player in the field of pharmacovigilance - rapid response groups of relevant departments of Health, which are responsible for investigating all serious adverse events after immunization and some others. Therefore, the adoption of the new order will contribute to the harmonization of national legislation with the European legislation.in the field of pharmacovigilance.
It is to be recalled that  in their time some of the provisions were "the bone of contention" between the regulator and the subjects of the pharmaceutical market. Therefore a situation may arise where the abovementioned provisions will be in force before the relevant decision of the Cabinet of Ministers' of Ukraine albeit with the edition of order a„– 143.
The abovementioned draft legislation proposes the disclosure of information contained in the materials of the pre clinical studies and the clinical trials that are attached to the application for the registration of the medicinal product. In the opinion of the legislation draft's initiators, the closed nature of such data results in the circulation of drugs, whose effectiveness and safety have not been proved. The Project aims to supporting of Ukrainian government in issue of improvement of effectiveness and transparence in public purchasing system for medicinal products, in particular, by complying of National list of main medicinal products and medical devices with international standards. This year the event attended 130 representatives of the pharmaceutical sector, specialized media, non-governmental organizations, professional associations, and state regulatory authorities. In the beginning of the session Dmytro Aleshko presented a report on the regulation of the medicinal products and medical devices market. Taking into consideration the composition of the event members many of whom represented the medical devices market, the regulation of the medical devices circulation in 2016 was discussed during a separate interactive session involving Pavel Harchyk, President of the Association of market operators of medical devices, Natalia Serhienko, Health Care Committee Executive Director, European Business Association, and Darya Bondarenko, CEO of Association of market operators of medical devices. The next session of the conference touched the most current issues of the organization of corporative ethics and anticorruption compliance system in the pharmaceutical business. Following the traditions of the summery conferences the session on taxation of pharmbusiness was held. The highly topical conference programme did not let the participants to relax and loose focus, just as the regulatory and law-enforcement authorities does not let the sector representatives to relax in the course of the year. Hygiene requirements  exclusively concern dietary suppements and do not apply to medicinal products, functional foods and special dietary foods. Hygienic requirements set requirements for the content of dietary supplements, in particular, the latter indicate that for the production of dietary supplements  vitamins and minerals listed in Annex 1 of the hygiene requirements may be used, in the form specified in Annex 2 to the hygienic requirements.
Therefore  amendments are provided to the Law of Ukraine "On Insurance" , namely by defining sponsor liability insurance a mandatory type of insurance . The document designates the mechanism for taxpayers’ appeals against tax assessment notices or any other decisions made by the regulatory authorities in the course of administrative procedure. This Procedure shall not be applied to the appeals against the regulatory authorities’ decisions, actions or inactions of their officers or other employees if the special law establishes other procedures for appeals. Complaints about the decisions of state tax inspection offices are filed to regulatory authorities in Kyiv and regions, to inter-regional territorial agencies.
Complaints about the decisions of regulatory authorities of Kyiv and regions, of inter-regional territorial agencies, and of customs offices are submitted to the State Fiscal Service of Ukraine. The decisions of State Fiscal Service of Ukraine made upon the consideration of taxpayers’ complaints are final and without any further administrative appeal, however may be appealed to court. The complaint should be submitted in writing to the higher regulatory authority within 10 calendar days following the taxpayer’s receipt of the respective decision made by the regulatory authority.
The complaints for the regulatory authorities’ decisions and actions should be cited and submitted separately. The taxpayers may attach to their complaints all calculations and evidence, which they deem appropriate. Certified copies of quality certificates (certificates of analysis, test reports, etc.) issued by the manufacturer for the series of medicinal products to be imported.
The Ministry of Health shall within five working days from documents delivery shall issue for the importer a certificate of import confirmation or send a written refusal notice indicating the reasons for refusal.
The Ministry of Health shall issue within five working days from documents delivery the certificate of confirmation for the medicines payment under the agreements or send a written refusal notice indicating the reasons for refusal. The supplier shall submit the confirmation certificate to the revenues and duties authority, where it is registered as a tax payer, not later than 10 working days after the deadline for submission of VAT declaration for the relevant reporting (tax) period. The intended use of the medicinal products and medical devices exempt from VAT shall be fulfilled in accordance with corresponding legislation.
Nevertheless, the tax payers are still obliged to pay advanced corporate profit tax payments for the first three quarters of 2016.
The failure to make this payment shall result in imposing on such tax payer the penalty in the amount provided in Article 123 of the Tax Code of Ukraine. In such a way, the National List of Essential Medicinal Products and Medical Devices has been renamed into the National Essential Medicines List.
Since CMU Resolution a„– 333 as of March 25, 2009 adoption, the list has not been amended with any medical device. National Essential Medicines List should be formed with due consideration of world-wide practices of rational pharmacotherapy and pharmacotherapeutic approach to primary health care of patients with priority pathologic conditions taking into consideration disease burden and mortality rate, and health care sector standards. In the majority of countries this function is fulfilled by the WOH Model List of Essential Medicines, which has been elaborated as a core document for ensuring public health care at government expense. After helping law firms successfully market themselves online for years, I know how difficult it can be to turn clicks into cases. Do it wrong and you’ll be wasting 90% of your marketing budget on tactics that never produce. After all, they have a specific problem and are often in different phases of the consumer buying cycle. In my experience, Facebook is a particularly effective way to get your content in front of your local market.
The more active you are on social media, the more engagement you will see from your local market, making you the law firm of choice when they (or someone they know) needs legal help. In particular, remarketing lists built from Health-, Financial- or Relationship-based campaigns are rarely approved for remarketing.
Intent is still strong, but a specific strategy needs to be created to see the best ROI from those campaign types. Anything else is a confusing distraction that will reduce the effectiveness of your marketing. Someone who understands the digital landscape and can help your law firm navigate some of the pitfalls associated with PPC, SEO and social media. From there, you have a right to expect them to execute on that roadmap, demonstrate progress and perform every step of the way.
Generalizing your messaging or call-to-action across various campaigns is a great way to waste a lot of money.
They don’t take the time or develop the expertise necessary to really understand their potential clients and instead end up spending a lot of money on the wrong sort of advertising.
Enacting and employing policies to mitigate security risk is critical, but documenting those policies is equally as important -- not only to meet the demands of the SEC, but to demonstrate to clients and investors that your firm takes cybersecurity preparedness seriously.
Policies can be documented, Paul explained, but if employees are not trained to identify and mitigate cyber risks, the policies will be ineffective in protecting a firm. In reality, a successful approach means negotiating, purchasing and deploying multiple systems from multiple service providers. Before you commit to any tech solutions, envision how your fund will look in the long term.
Consider the work you’re doing as an employee, and consider which systems supported that work.
Acknowledge that you will require IT systems to build servers, manage networks, and handle day-to-day needs. Temporary office suites, for example, provide the greatest flexibility for firms still determining their budgets, headcounts, etc.
Still, there are factors that may influence even the fast track timeline, such as, bringing in an attorney to negotiate the lease and allowing a landlord 30 days to approve or disapprove of a prospective tenant. In the past two or three years, many insurance companies have entered the marketplace for underwriting for hedge funds on both the property and casualty side.
First party coverage refers to ransomware or anything that poses an immediate need for a business to take action. These are, for example, claims against a client alleging privacy violations, network security compromised by a vendor, or media liability for images or information posted online. For a first-time buyer with good controls and no losses, Palagonia estimates a $10,000 premium minimum cost for a $1mm limit. Palagonia cited a PwC report that states a decline of financial losses in the financial services industry of 12%, yet a 183% increase in theft of personal data and intellectually property. Throughout the webinar, Shelly reminded attendees about the importance of undertaking compliance measures right at the start of a launch, not only for regulatory purposes, but to demonstrate to prospective investors commitment to compliance. The private funded advisor exemption is available to investment advisors whose clients are solely comprised of private funds who have less than $150 AUM and are not required to be registered as an advisor in the state where their principal office is located. This technically only applies to registered advisors, but the SEC has championed the importance of organized record keeping. Regulation D is the safe harbor exemption most private funds rely on to offer and sell interest.
They have proposed numerous measures that advisors should address in regards to cybersecurity, such as conducting periodic assessments of location and sensitivity of information and the vulnerability of the systems.
Shelly conveys that while the SEC does not have any official regulations in regards to cybersecurity, they are using other regulations, such as Regulation S-P (a privacy regulation) to go after advisers who are alleged to have failed to effectively safeguard personal information of their clients or investors.
Insiders of an issuer, which include officers, directors, and other special classes of persons, are never allowed to trade on non-public material.
A virtual family office and single family office are essentially one in the same, but the former model is most typically used by families with just $20M-$200M in assets under management, where a customized model is needed but not all of the overhead and support of a fully-fledged single family office.
As the family office industry has expanded over the past 20 years, this term has become more common and will likely gain traction in the future as families continue to seek out customized, affordable family office solutions. They may see you acquiring companies in a certain industry, or have access to potentially damaging facts about your financial situation or solvency. While a manager’s pedigree, investment process, and performance used to take precedence, it is now front, middle, and back office operations plus legal compliance that are most important.
Because they collaborate with many ODD teams, research teams will immediately have a feel for what is right and what is wrong with a manager from a front, middle, and back office perspective. The differentiating factor, he explains, is AUM, and in turn the number of employees and the portion of labor that is outsourced versus internalized.
These firms will rely heavily on their prime broker and administrator for real-time reports, EMS and OMS for trade execution, and in some cases IT. Beyond investment priorities and strategy decisions, new managers are also grappling with securing office space, ordering technology, engaging with service providers, and much more.
Will you outsource certain functions and leverage a Professional Employer Organization (PEO)?
For example, can the provider handle the unique payroll items that hedge funds often implement such as deferred compensation and different bonus schemes? That can be everything from a definition of personally identifiable information (PII), a description of user access privileges and roles, or policies regarding USB thumb-drives. It commits to defining and following thoughtful, far-ranging policies to eliminate the needless internal vulnerabilities that often go unrecognized.
APT intrusions are often focused on high-value information and sectors such as the financial industry. In a spear phishing incident, criminals target specific companies or individuals and conduct background research to compile employee names, titles and contact information.
Not only must emerging managers evaluate traditional deployment strategies, but consider current factors influencing the financial landscape. There was quite a bit of content discussed during the 1-hour event, so we’ve pulled out some key takeaways. Target those who have a history of being receptive to founder share class and who may offer lower management and performance fees. Recognize where the private cloud has an edge: high-touch, industry-specific service and support, scalability and application integration, and security and compliance.
Value is derived from knowledge of the application, knowledge of business, and having a dedicated support team.
The NFA's Interpretive Notice to NFA Compliance Rules 2-9, 2-36 and 2-49 entitled Information Systems Security Programs requires Member firms to adopt and enforce written policies and procedures to secure customer data and access to their electronic systems.
Executive-level participation and annual review of the information security program is expected. NFA expects to devote appropriate resources, such as providing additional guidance, to assist Members as they develop and implement their ISSPs. By taking into account all aspects of your firm and relying on trusted service providers to support operations, you prove to the greater investment industry that you should be taken seriously and can operate successfully in a challenging environment. Nothing less than full disclosure is expected of firms from the newest launches to the most established investment firms. And while that goal is certainly reachable, the process does not stop on your go-live date.
These decisions can put your new firm on equal footing with established firms and demonstrate to investors that you are built to succeed. Our advice centers on everything from marketing and operations to IT budgeting and service provider selection. Don't forget to visit Hedge IT on Thursday as we reveal the last of our key considerations for starting a hedge fund.
Hedge funds, private equity firms and registered investment advisers now operate in a world where they are beholden to regulatory bodies with growing expectations and requirements. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which redefined the registration requirements for hedge funds, also set forth new reporting requirements and standards for safeguards. With the prevalence of cyber threats and attacks, the SEC’s Office of Compliance and Examinations (OCIE) has incorporated cybersecurity into its examination targets. Firms can add users nearly instantly – a welcome benefit for startups looking to ramp up quickly.
You can do this by conducting employee awareness training to keep all users informed and educated about the cyber environment and the threats that may arise. Be sure to come back to Hedge IT next week as we reveal more of our key considerations for starting a hedge fund. Your organizational structure will typically reveal itself as a limited partnership (LP) or limited liability company (LLC).
In the United States, the Securities and Exchange Commission (SEC), under the Dodd-Frank Act, requires asset managers managing more than $150 million in AUM to register and hence meet a host of reporting requirements.
It wasn’t until the JOBS Act was enacted in 2013 that hedge funds finally had the opportunity to shed their fears of noncompliance and publicly market and advertise their funds. As a new firm, you won’t be able to manage all aspects of your operations internally.
If you outgrow your vendor quickly, it can be a significant operational disruption to transition to a new one. And be sure to come back to Hedge IT later this week when we'll be sharing an excerpt from our brand new whitepaper on the same topic! Thus, the term for materials expertise conducted by the State Expert Center has been reduced to 20 business days. The Resolution proposes the Ministry of Health to establish the expertise procedures for the abovementioned products, but with an approval of the Ministry of Economic Development. This Draft Law also proposes to establish the simplified registration procedures for all medicinal products that have already been registered in the USA, Switzerland, Japan, Australia, Canada, and the EU. In particular, the team made a comprehensive research on medicinal product markets, which may be affected by the concluded marketing agreement, conducted social and marketing studies, analyzed the experience of GlaxoSmithKline group of companies regarding the relevant agreements in other countries, developed internal standard operating procedures for the Client with regard to pharmacies and pharmacy chains cooperation. We would also like to express our gratitude to the project team members representing GlaxoSmithKline Ukraine for the fruitful collaboration.
The Draft Law was initiated by the Cabinet of Ministers of Ukraine and presented the same say at the Government session.
This Regulation belongs to the package of documents drafted in order to implement the new model of Essential Medicines List. The difference lies in the fact that all individuals intending to include a particular medicinal product into the List shall have an opportunity to submit a corresponding application including the documents confirming the comparative efficiency, safety and cost-effectiveness of the product. The Regulation Annexes formalize the application execution Instruction for amending the National Essential Medicines List. The adoption of the Draft Resolution shall promote the establishment of professional centralized procurement organizations (hereinafter - CPO) in Ukraine, which requires some time and incremental actions. CPOs shall be established under the Health Ministry decision and shall operate under its supervision. During this period all medical devices shall be introduces to the market and put into operation on the basis of acting certificate of state registration.


Registered medical devices with the certificate expiring after July 1, 2017, should undergo the compliance assessment procedures after the expiration of such certificate in order to stay on the market.
The structure and contents of national lists will be based on the latest edition of the Basic List of Essential Medicines recommended by WHO. An important step forward is the need to study whether or not such persons present a conflict of interest, as well as the possibility of participation of foreign specialists with the necessary knowledge and experience in the selection process in the national list,"- said Dmytro Aleshko, who heads the team of experts developing a normative - regulatory package  on this matter. Such persons shall not present a real conflict of interest, in particular,  they should not be in an employment or any other contractual relationships with producers and holders of certificates of registration of drugs or associated persons. At the same time, the Law provides a number of cases to which the provisions of the latter do not apply. In addition, the AMCU has specified the meaning of such aggravating circumstances as the obstruction of case investigation.
This method is recommended in case the respondent did not provide any information on the total revenue at the market where the concentration took place and at adjacent markets. Thus, previously the basic penalty equaled up to 5% of the revenue from the sales of the products (goods, works, services) of economic entity in the last reporting year prior to the year the penalty was charged, and if there was no revenue or the respondent did not provide any information on the total revenue – the penalty equaled to 10 000 of non-taxable incomes of the residents. The written appeal should contain all data outlined in the Procedure, it should be signed by the appellant-physical entity or by the authorized person, for other appellants – the appeal should be signed by the director or a legally authorized representative and sealed (if available). Thus, the new procedure provides a number of new features, the most interesting of which relate to the applicant. At the same time, each applicant's pharmacovigilance system can have only one authorized person responsible for the pharmacovigilance (hereinafter – authorized person).
Should the applicant not be located in Ukraine, then a contact person for pharmacovigilance in Ukraine, who is a subordinate of the applicant's authorized person, must be assigned on the territory of Ukraine. In comparison with the current procedure, the new procedure establishes simultaneously a clear framework for such PSMFs with the requirements for information that must be contained in it.
It should be noted that the current procedure contains a provision, according to which the applicant creates a pharmacovigilance risk management plan, i.e. The draft resolution prepared by the Ministry of Health of Ukraine , does not contain any significant differences , except for some editorial amendments. The matter concerns a three-way contract, the requirement for the conclusion of which seems by importers to not be feasible. Therefore the draft legislation at hand is aimed at initiating access to such information, which will enable all interested citizens, their associations and professionals to decide on the selection  for the appointment and the medical use of the medicinal products on the basis of objective data concerning the level of proof on their safety and effectiveness. Being an annual event for the pharmaceutical sector representatives, the Conference focuses on the regulatory aspects of the pharmbusiness and other legal tendencies of the pharmaceutical market. Krzysztof Siedlecki, European Business Association President, Astellas Pharma Europe BV Country Manager Ukraine, Dr. The discussion was held around the current status, potential problems and roadmaps in this sphere.
The session was opened by Legal Alliance Partner Oleksii Bezhevets, who informed the participants on the main changes in anticorruption requirements. Legal Alliance Associate Partner Andrii Gorbatenko, who leads the antimonopoly and competition law practice, acted as a moderator of this session. Nevertheless, all the attendees remained satisfied with a quantity and quality of the information received at the event and expressed a desire to meet in such a format at least twice a year. Quality criteria for nutrients used for the production of dietary supplements must comply with the requirements of Ukrainian legislation and in their absence - standards established by the Codex Alimentarius Commission.
The opportunity to track  dietary supplements and any substance intended to be administered in dietary supplements should be ensured at all stages of production and circulation. According to the proposed changes , the relevant contract may be concluded not only by the sponsor of the clinical trial , but also by their  authorized representative. In addition the mentioned procedures shall not be applied to the appeals against decisions made in the course of administrative violations proceedings. Prior to this Resolution adoption the list approved by the CMU Resolution a„– 400 March 29, 2006 was in force containing 783 products among which only 1 product was a medical device – test system. The essential medicines are selected with regard to the morbidity rate, comparative effectiveness and safety evidence, economic efficiency. One of the most common mistakes new launches make, according to Paul, is assuming that they only require the basic bare minimum in terms of technology.
Brand and reputation, long lasting relationships with clients, and industry experience are some of criteria Paul feels are most important when selecting a service provider.
The goal of a WISP, Paul continued, is to protect the confidentiality, integrity, and availability of critical information, information assets and sensitive materials for your firm and those of your clients. Friedland reminds new managers to remain open-minded, conduct a comprehensive search and ensure they have at least one back-up option when it comes to real estate. In light of this trend, emerging and established firms alike must consider measures to mitigate these growing risks.
Rates are dropping dramatically, and coverage terms are relatively favorable at this point in time. These costs may also include notification to the affected individual in the event of a breach, forensics, and crisis management expenses. Or, the company may embed some type of cyber social engineering coverage within a fidelity bond. Our speakers highlighted the importance of awareness and education in cyber risk mitigation, particularly how firms should be training their employees to see and stop threats. This filing is required to be made within 15 days after the first sale of interest and must be updated on an annual basis.
Even non-insiders, including investment advisors, are prohibited from trading while in possession of non-public material. During the 30-minute interview, Frank shared insights on the benefits of outsourcing to service providers as well as advice on how to conduct proper due diligence on front, middle, and back office operations. Now, as the employer for the first time, you’re expected to fill that role seamlessly. You’ll need to remit taxes, making sure all the employer-side taxes are accurately collected.
Mandatory benefits typically include benefits such as worker’s compensation and short-term disability. The bank believes hackers executed a hack that allowed $81 million to be taken from the bank’s foreign exchange account at the Federal Reserve Bank of New York. And the way that starts to happen is through systemic and comprehensive training practices.
Prepare an institutional set of documents up front if you are looking to attract institutional money versus high net money.
They include risk assessment, governance, training, access control, vendor management, and information sharing.
Additionally, firms must provide employees training during the onboarding processes as well as periodically during employment.
That means you have to demonstrate to investors that you take your business seriously and that you’ve made investments in your operations, technology, etc. As such, fund managers should take this to heart and make strong efforts to comply with increasing investor expectations.
From your legal paperwork to security practices and technology safeguards, the importance of documentation cannot be understated in today’s environment. For example, system safeguards such as data protection, disaster recovery measures and email archiving are requirements under Dodd-Frank. Having released two extensive questionnaires and several risk alerts focused on security, the SEC has made it clear to investment firms that they will be investigating the practices employed at firms and increasing expectations for the future. Startups have a variety of options when it comes to settling on their technology infrastructure. Users can gain access to email, file services and applications from virtually anywhere, and built-in disaster recovery provides confidence that everything is protected from the inside out.
Users should understand how security threats may present themselves (phishing schemes, social engineering, etc.) as well as how they can become cybersecurity assets to your firm. You may also consider a master-feeder fund structure, which could provide favorable benefits, and a domestic or offshore choice may also come into consideration. There are a variety of communication options firms can use to solicit investors – from traditional print and websites to social media, video and email marketing. Determine what exactly your marketing pitch will be and how you plan to go about promoting it. Again, your CRM system comes into play here and will assist you in tailoring your messaging for future communications.
The due diligence process plays an important role here; you should thoroughly vet service providers to ensure you have the information necessary to assist you in the decision process. From a technology perspective, investors will appreciate that you’ve made an investment in systems and processes that support your business and trading operations, and it will give them peace of mind knowing your IT vendor is equipped to handle any issues that may arise. Successfully operating a new startup beyond the first year is a feat many managers struggle to accomplish, therefore it's critical for emerging managers to gain a full understanding of the industry that awaits them and the hurdles they should expect to face. The term for making the decision on or the rejection of the state registration has been reduced to 10 business days.
Please note, that the Ministry of Economic Development is mentioned for the first time in the context of the state registration of medicinal products and previously was not involved into any step of the registration process.
In addition, we would like to mention a substantial expertise and due attention to this issue expressed by Antimonopoly Committee specialists. The reimbursement of insulin products costs shall be fulfilled at the rate of reference price for the medicinal product approved by the Ministry of Health of Ukraine. The patients shall receive their medication for a lowered price or for free in accordance with these categories. Business entity should submit the relevant report not later than the 5th day of the month following the reporting month, and in December — not later than the 24th day of the reporting month. An important selection criterion is the presence of experience of the evaluation of the comparative efficacy (effectiveness), safety and cost-effectiveness of drugs. This Order updates the mailing procedures for tax assessment notices to be sent to taxpayers by regulatory authorities.
Today the AMCU increased the penalty up to 30% of the revenue from the sales of the products (goods, works, services) that violated the legislation on the protection against unfair competition. In the end of the session the Legal Alliance senior associate Alexander Bondar presented a report on the new public procurements law, which practically implements the electronic procurements (electronic auction), electronic system of appeal, and the exchange of information, documents, submission of explanations in the electronic procurements system.
In the course of his report the delegated had an opportunity to discuss the plans and implementations of 2015 and to share their expectations and forecasts for the coming year. After he passed the floor to the special guests of the conference - Aliona Kushnova, Judge at the regional Kiev administrative court, and Jonas Triggvason, Managing Partner, UPharma Consulting. The session was traditionally opened with an analytical report on the status of the pharmaceutical market in 2015 presented by Irina Gorlova, General Director, SMD. Vitalii Savchuk, Senior Associate, Legal Alliance, presented a report on the most high-profile cases, investigations and court practices regarding the pharmaceutical industry. Before 2006 the list approved by the CMU Resolution a„– 1482 as of November 16, 2001 was acting.
He urges new managers to pick an IT solution with operational growth in mind -- considering the business not at the onset, but in three to five years. Similarly, confidentiality issues may arise from shared space, or desk share arrangements, unless a firm has the right synergy with the host firm.
In addition, there are risks associated with this type of arrangement, specifically, the lack of a direct legal contract with the landlord. During this week’s session of our Hedge Fund Launch Webinar Series, Nicole Segal and Gamelah Palagonia of Willis Towers Watson spoke with us about how to leverage cyber and privacy liability insurance, as well as offered insight in to the evolving nature of cybercrime. For example, many of the required coverages for startups come in business packages at oftentimes reasonable costs. She noted that cyber liability policies are one of the only products that include insurance for fines and penalties in addition to regulatory actions.
Data owners are responsible for any breaches no matter how many parties they have contracts with storing or processing their data. The basic information required involves certain persons related to the fund, the total amount of sales, number of investors participating in the offering, etc. To kick off our Hedge Fund Launch Webinar Series, we invited Maya Cohen, Senior Vice President at TriNet, to share HR priorities for startup hedge fund managers. Consider how your firm’s structure (LLC or LP) will affect you from a tax perspective. Realistically, as a new launch, you’ll probably outsource at least some HR functions.
Many employees are financially savvy and want to select their own funds for retirement assets. It appears that the initial point of entry for the hackers was a spear-phishing email, potentially sent weeks before the fraud took place, which allowed the criminals time to remotely monitor and probe the bank’s networks without detection. Obtaining such details and observing communications provides criminals with the tools to mirror email addresses, website URLs and dialect. Tools such as risk management or document management systems can give extra peace of mind to demanding investors with high expectations. Regardless of the assets your firm is launching with, you will be expected to have sophisticated and comprehensive policies and procedures in place from day one to combat cyber threats. With the birth of cloud technology, firms can save on upfront capital expenditures and host their infrastructure in the cloud – providing flexibility within those startup budgets. A reputable cloud services provider not only provides world-class infrastructure and resiliency; it also assumes responsibility for the management and daily maintenance of your cloud environment.
Investors also have high expectations, and before they will even consider allocating money to your firm, they want to understand what protections you’ve put in place to protect their assets.
Many of these decisions will be impacted by the assets you plan to launch with or if you’re using or planning to solicit seed or acceleration capital. Regardless of how, firms should build comprehensive marketing plans that will support their business beyond the launch phase. During this initial period, consider investing in a customer relationship management (CRM) tool to help you monitor and track investor communications. Our joint efforts led us to the implementation of the project that only yesterday seemed to be almost impossible”. The reports should be submitted to local budgets holders who have been legitimately assigned for the execution of operating expenses of local budgets for preferential provision of insulin products to diabetic patients defined by the decisions on such expenditures in accordance with the legislation for the reimbursement to business entity of the amount stated in the register within 15 days upon the report receipt.
In addition to a lot of interesting facts the reporter highlighted that the total volume of the medicinal products market in Ukraine amounted to 2.1 billion USD in 2015. The service provider should not only address day-to-day operations but also anticipate potential problems down the road. Direct spaces offer tenants a direct relationship with the landlord, yet tend to be costly. In short, it is an arrangement in which a landlord, for a certain period of time, is permitted to go after a tenant that has defaulted on their lease and refuses to vacate.
She recommends firms take steps to ensure third party contractor protects data in line with regulations.
The good news is the market for hedge funds and financial institutions is soft, according to our experts. Shelly points out that no violation is too small for the SEC, therefore it is highly recommended to update your information in a timely manner. On the elective side, it’s important to remember that not everything needs to be implemented day one.
Compliance is critical, so depending on your internal bandwidth, it may make the most sense to consider using an outside firm to support your team. The end result is the criminal’s identity masqueraded as a legitimate, trustworthy source. With competition for investor allocations at an all-time high, you’ll have to work to determine what sets your firm apart from the others.
Be sure to enable your firm’s processes to comply with SEC recommendations including risk assessments, infrastructure practices, policy documentation, etc.
With hackers savvier than ever and financial firms as known targets, it’s critical that firms establish a comprehensive approach to security to not only meet investor and regulatory demands but also to protect firm assets and mitigate business risk.
Volodymyr Redko, Executive Director of Association of Pharmaceutical Research and Development APRaD. For a proactive approach, he suggested working with a broker that carefully evaluates sub landlord risks. Friedland makes the distinction between quality and opulence, noting that many firms avoid spaces that project spending investors’ money in a frivolous way.
In the financial services industry, while there have indeed been breaches, losses, and successful phishing schemes, nothing yet has been to the scale of the Target or Anthem breaches, for example. Staggering benefits as the firm grows is a great way to continue to support your employees over time. If you don’t learn how to differentiate yourself, your chances of getting lost in the crowd are much higher.
If not forthcoming, you may open up your firm to serious regulatory and criminal prosecution. Your cloud services provider should act as your trusted technology adviser and, as such, give you the flexibility and time you need to focus on your investment priorities without worrying about security updates and patch controls.
In the framework of this session the participants discussed the adjustments in the personal data protection, as well as promotional activities and programs of the pharmaceutical companies. Therefore, the National Essential Medicines List did not function properly from the very beginning of its development. Other common requests are buildings with a floor plan proportionate to the size of a respective firm as well as built-in amenities.
Due to the confusing landscape that now exists, Shelly suggests developing and following written procedures and updating these policies as necessary. There is no right or wrong answer, but the majority of hedge funds across the industry treat their partners as W2 employees. At a minimum, most firms offer medical, dental and vision benefits, but many also consider 401K plans, group life insurance plans, etc. Finally, make sure your service providers properly encrypt data when it’s in transit, and retain it for only as long as they need it to perform the service that you contracted them to do. The best retail figures are shown by dietary supplements, patients care items and medicinal products, the worst figures – personal care products and cosmetics. Segal echoed this advice, recalling a recent hedge fund contact review she conducted in which 10 out of 10 vendor contracts said they were not responsible for a breach of data. Shelly also encourages implementing information barriers to limit who has access to non-public information. These are just a sample of the decisions you’ll need to make as you start your hedge fund.
Session speakers - Zoya Zamikhovska, Junior associate, Lidiya Sangarovskaya-Gulach, Senior associate, and Andrii Gorbatenko, Associate partner, who presented to the audience their reports on medicinal products advertising, marketing agreements in the pharmacy sector, and distribution contracts. Andrii Gorbatenko emphasized the types of law infringements foreseen by the competition law, and paid the attendees attention to the provisions of distribution contracts, which are attracting a close attention of the Antimonopoly Committee of Ukraine, in particular the provisions regulating the reports, discounts and bonus payments.



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