Kathleen H. Moriarty is a Partner in Kaye Scholer’s Corporate Department and has extensive experience representing investment companies with the creation, structuring and development of new exchange-traded products (ETPs). Actively involved in the development of Standard & Poor’s Depository Receipts (SPDRs), Kathleen has since advised on the creation of many more exchange-traded funds (ETFs), including iShares, Vanguard Exchange-Traded Funds (VIPERS), ProShares, WisdomTree and IndexIQ.
Domestically, Kathleen represents a wide variety of market participants in connection with commodity-backed derivative securities and non-investment company exchange traded vehicles (ETVs), such as the SPDR Gold Trust, the US ETFS precious metals trusts and the Winklevoss Bitcoin Trust, which is currently in registration with the Securities and Exchange Commission. She also provides advice to international regulators on the topic of ETPs.
Kathleen counsels traders and broker-dealers in connection with trading issues relating to the purchase and sale of ETP shares and also represents ETP managers in connection with the licensing of financial indexes as well as index providers licensing their financial products to ETPs. In addition, she works with a number of hedge funds and other pooled operators to bring their products to wider retail and individual markets, bringing her Investment Company Act of 1940 and JOBS Act insights to her clients to assist them in navigating the new regulatory landscape.
Kathleen is regularly quoted in the media about issues relating to ETPs, financial indexes, liquid alts and Bitcoin. She has published various articles and frequently speaks at industry conferences and webinars on these topics.
Kathleen is an inaugural member of the ETF DataBase’s ETF Hall of Fame, a recipient of two Global ETP Icons of the Industry Awards and the winner of the first ETF.com Lifetime Achievement Award. She has also been recognized as a “US Innovative Lawyer” by the Financial Times.