Speaker Biographies - Foley & Lardner LLP
Speaker Biographies - Foley & Lardner LLP
Speaker Biographies - Foley & Lardner LLP
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©2010 <strong>Foley</strong> & <strong>Lardner</strong> <strong>LLP</strong><br />
Examples of projects led by Mr. Daugherty involving these<br />
other regulators include:<br />
upon application to the Division of Trading and<br />
Markets – organizing NCNB Capital Markets,<br />
which became Banc of America Securities and is<br />
now one of the largest investment banks in the<br />
world;<br />
in line with the Division of Enforcement –<br />
recovering money for defrauded investors in the<br />
Lancer Partners hedge fund, the largest "penny<br />
stock" swindle in U.S. history; and<br />
in close consultation with the Division of<br />
Investment Management – inventing, with his<br />
colleagues, the CurrencyShares Euro Trust.<br />
Judged "the trade of the year" by SmartMoney<br />
magazine in 2006, this was the first currencybased<br />
exchange-traded fund ("ETF") listed on a<br />
stock exchange anywhere in the world.<br />
Continuous ETF Innovation. Mr. Daugherty and the <strong>Foley</strong><br />
ETF team have capitalized on the success of the Currency<br />
Shares Euro Trust, noted above, by launching eleven<br />
other currency-based ETFs, representing equity<br />
investments in the Australian dollar, the Canadian dollar,<br />
the Swiss franc, the Swedish krona, the British pound<br />
sterling, the Mexican peso, the Japanese yen, the Russian<br />
ruble, the Singapore dollar, the Hong Kong dollar and the<br />
South African rand. All are managed by Rydex|SGI.<br />
ETFs have been the most rapidly-growing form of<br />
investment in the world, exceeding $1 trillion under<br />
management today versus zero in 1992. This trend is<br />
continuing as investors are entrusting more dollars to<br />
ETFs than they are to mutual funds. Until 2008, however,<br />
all versions of the ETF were "passive" investment<br />
strategies according to which investors would buy shares<br />
in a trust that would use the money to invest<br />
systematically in an "index" of securities or commodities,<br />
without exercising any judgment. The "holy grail" of the<br />
ETF industry, in contrast, has been an "actively-managed"<br />
fund, in which the managers of the trust would employ<br />
subjective investment judgment in deciding what to buy,<br />
sell or hold for the trust. For years, five major financial<br />
firms raced to produce the first actively-managed ETF<br />
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