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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 />

4

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