Vivek Nayar

As General Counsel of Insight North America, I manage the North American legal function of fixed income and liability driven investment (LDI) solutions specialist Insight Investment, a Bank of New York investment boutique with over $750B in assets under management. Primary responsibilities include: supporting organic and inorganic growth initiatives of Insight North America; providing senior leadership with commercially-minded advice that mitigates legal risk arising from complex product strategies and structures; leading the US legal team in connection with its support of a wide spectrum of bespoke public and private fixed income solutions and products for institutional and high-net-worth investors; advising asset management M&A and litigation, and providing broad investment management regulatory advice to various stakeholders across the business, with specific expertise in the Investment Advisers Act, ERISA, federal and state ESG regulations, and CFTC rules applicable to a large derivatives trading platform. I also serve on the US Management Committee and chair the US Engagement Committee.

On behalf of institutional third party investment management division of MetLife, structured and negotiated private investment vehicles and bespoke managed accounts with institutional investors, investing in a broad range of asset classes, including real estate equity and debt, private placement corporate and infrastructure debt, high yield debt, emerging market debt and other major fixed income sectors. Lead lawyer in connection with launching and providing ongoing support to private open-ended commercial mortgage fund, regulatory review of new product marketing materials (including GIPS-compliant performance track records), development of platform-wide training sessions and protocols for ongoing marketing material review, and launch of FINRA-registered broker-dealer. Primary responsibilities also included providing ongoing legal and structural support to the development of new product strategies, relevant regulatory advice (i.e., Investment Advisers Act, Investment Company Act, Securities Exchange Act, Volcker Rule, CFTC, lobbying rules and state insurance regulations), and management of outside counsel.

Drafted private fund formation documentation, including private placement memorandums, fund operative documents, sponsor carry plans, side letters, subscription materials and subscription line credit facility agreements. Negotiated fund terms with institutional investors and family offices on behalf of fund sponsors. Structured private equity investment vehicle platforms, tailoring the use of parallel and alternative investment vehicles, leveraged blocker vehicles and REITS to accommodate individualized investor tax strategies. Represented parties in the private equity secondary market, including diligence of fund operative documents and drafting and negotiating purchase and sale documentation.

Drafted domestic and non-U.S. leveraged buy-out private equity fund formation documentation. Conducted fund reviews for, and negotiated on behalf of, institutional investors in connection with investments in hedge and private equity funds. Conducted diligence of hedge and hybrid funds on behalf of a UCITS platform product sponsor. Advised clients on domestic and cross-border regulatory issues for both registered and unregistered investment advisers, including marketing and private placement exemptions, the Investment Company Act, the Investment Advisers Act, CFTC exemptions and relevant rule proposals promulgated by Dodd-Frank legislation.

Provided consulting services to U.S. commercial finance companies interested in business expansion into India. Developed and managed partnership with technology development and outsourcing company in Bangalore, India. Marketed and sold software solutions to receivables lending banks.

Researched the ethical uses of military force, and the approach of different religious traditions to American foreign policy.

Provided sales and project management support to customer relationship management company.

Provided private and semi-private squash lessons at large Boston-based health club. Organized and managed junior squash clinic with over 15 area juniors.