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New State Law Targets Advisers, Expert Networks

August 9, 2011

The popularity of expert networks among hedge fund managers has inspired a new insider trading law in Massachusetts.  Secretary of State William Galvin announced the law, adopted yesterday by the state's Securities Division, which requires hedge funds to get a new certificate in order to use expert networks.

The new certificate requires 3 things of hedge funds:

  • Statement that the expert network consultant will not offer confidential information to the adviser.
  • Description of what confidentiality restrictions apply to the consultant.
  • Disclosure of the dates of consultations.

The regulation is the first of its kind in the country, and takes effect 12/1/11.  Assuming fund managers follow the law, it should help curb the exchange of non-public information through expert networks and give authorities another tool in prosecuting insider trading.  [Boston Herald, 8/8/11]