Jay G. Baris

Senior Counsel

ニューヨーク +1 212 839 8600

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Biography

JAY BARIS has practiced in the asset management area for more than 35 years. Jay is widely recognized for his breadth of experience representing registered funds, investment advisers, financial institutions, broker-dealers, and independent directors on the full spectrum of financial services regulation, transactions, and governance matters. Jay’s work with registered funds includes mutual funds, closed-end funds, exchange-traded funds, and business development companies. He has extensive experience advising on the regulatory aspects of fund and investment advisory operations, and has represented numerous clients on mergers and acquisitions, reorganizations, exemptive applications, and compliance issues. He also advises operating companies on “status” issues that arise under the Investment Company Act of 1940. More recently, he has been advising FinTech clients on how the federal securities laws apply to digital assets and cryptocurrencies.

An active speaker and writer on issues concerning investment management and the regulation of financial institutions, Jay has been published in a variety of trade and general interest publications, including Insights: The Corporate & Securities Law Advisor, The New York Times, The Wall Street Journal, Financial Times, Wolters Kluwer, The Review of Securities & Commodities Regulation, Fund Action, The Review of Banking & Financial Services, Fund Directions, and Fund Board Views. Jay is an adjunct professor of law at Brooklyn Law School, and chairs the Task Force on Blockchains, Cryptocurrencies and Investment Management of the Federal Securities Regulation Committee of the American Bar Association’s Business Law Section. Jay hosts Mutual Fund Minute, a bi-weekly Sidley podcast available on Spotify, Apple, Google and other major podcast platforms.

Jay has been ranked in Chambers Global (2020–2025) and Chambers USA in Registered Funds (Nationwide, 2009–2025), Legal 500 United States as a “Leading Lawyer” and in the “Hall of Fame” for Investment Fund Formation and Management: Mutual/Registered/Exchange Traded Funds (2018–2020 and 2022), and Best Lawyers in America® for his work in Corporate Law and Mutual Funds Law (2008–2026). He has been listed in New York Super Lawyers in Securities and Corporate Finance (2006–2020), Super Lawyers Business Edition (2011), and JD Supra in its annual Readers’ Choice Awards (2016–2017). His nominations include “Independent Fund Counsel of the Year” by Institutional Investor’s Fund Directions and Ignites.com’s “Fund Titan” award in the Outside Counsel category (2008). Chambers USA notes that Jay “is highly skilled in advising registered funds ETFs and their independent trustees.” Clients praised him as “a strong practitioner. He is knowledgeable and he’s very well regarded among industry lawyers” (2021).

Community Involvement

Membership & Activities

Adjunct Professor, Brooklyn Law School
Chair of the Task Force on Blockchains, Cryptocurrencies, and Investment Management of the Federal Securities Regulation Committee of the American Bar Association’s Business Law Section
Co-Chair of the Task Force on Investment Company Use of Derivatives and Leverage of the Committee on Federal Regulation of Securities of the ABA’s Business Law Section
Previously, vice chair of the Committee on Federal Regulation and chair and vice chair of the Subcommittee on Investment Companies and Investment Advisers of the ABA’s Business Law Section
Member of the Advisor Panel of Blockchain, Virtual Currencies and ICOs – Navigating the Legal Landscape (Wolters Kluwer 2018)
Member of the Board of Advisors of The Review of Securities & Commodities Regulation
Member of the Advisory Board of the Mutual Fund Directors Forum
Member of the Advisory Board of BoardIQ

Credentials

Admissions & Certifications

U.S. Supreme Court
U.S. District Court, E.D. of New York
U.S. District Court, S.D. of New York
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Education

Hofstra University School of Law, 法務博士, 1978
State University of New York - Stony Brook, B.A., 1975

Capabilities

News & Insights

What’s in a Name, Part IINovember 28, 2023

Enhanced Scrutiny

SEC Proposes Sweeping New Rules on Use of Data Analytics by Broker-Dealers and Investment AdvisersAugust 10, 2023

Data Matters

The Role of Mutual Fund DirectorsApril 27, 2023

Enhanced Scrutiny

Speaker, “State of the Law of Cryptocurrencies and Digital Assets,” ABA Federal Regulation of Securities Winter Meeting 2024, American Bar Association, Washington, D.C., December 6, 2024.
Speaker, “Valuations: Audit & Risk,” Pricing Landscape in Today’s Market & Regulatory Environment Forum, LSEG, Toronto, ON, November 7, 2024.
Chair and Moderator, “Blockchains, Cryptocurrencies and Investment Management Task Force Meeting,” ABA Business Law Fall Meeting 2024, American Bar Association, San Diego, CA, September 12, 2024.
Speaker, “Valuation of Crypto Companies: Regulatory Landscape, Valuation Challenges, and Opportunities,” BVR, Webinar Series, May 29, 2024.
Speaker, “Legal, Audit, and Valuation Governance,” 2nd Annual LSEG Pricing Forum, New York, NY, May 7, 2024.
Speaker, “Cryptocurrencies and Investment Management Task Force Meeting,” Federal Regulations of Securities Winter Meeting 2023, Washington, DC, December 6, 2023.
Keynote Speaker, “2023 Global Pricing Vendor Due Diligence Symposium,” Citi, Columbus, OH, November 9, 2023.
Speaker, “Valuation of Cryptocurrencies and Crypto Companies: An Overview,” Forensic & Valuation Services Conference, AICPA & CIMA, Las Vegas, NV, November 8, 2023.
Speaker, “2024 Perspective: Legal, Audit & Compliance,” Pricing Landscape in Today’s Market & Regulatory Environment, Refinitiv Evaluated Pricing Service, Boston, MA, November 7, 2023.
Speaker, “SEC Division of Investment Management’s Strategic Agenda,” Investment Management 2023: Current Issues & Trends, Practising Law Institute, New York, NY, July 25, 2023.
Speaker, “Pricing Landscape in Today’s Market & Regulatory Environment,” Refinitiv Conference, New York, NY, May 2, 2023.
Speaker, “The Rules and Reality of Board Oversight,” Mutual Fund Directors Forum, Washington, D.C., June 9, 2022.
Speaker, “Valuation of Securities by Registered Investment Companies,” Bond Pricing Institute Webinar, June 1, 2022.
Speaker, “Private Funds and Digital Assets,” Private Funds 2022: Developments and Opportunities, Sidley Austin LLP, New York, NY, April 5, 2022.
Speaker, “Beyond Bitcoin: What’s Next for Digital Assets?” Fund Directors Virtual Conference, October 20, 2021.
Speaker, “In Focus: Transition to In-Person Board Meetings,” Mutual Fund Directors Forum, July 20, 2021.
Speaker, “SEC Final Fair Value Rule 2a-5: What Should You Do Now?” Voltaire Advisors Webinar, December 16, 2020.
Speaker, “The SEC’s Derivatives Rule: What Fund Directors Should Know,” Mutual Fund Directors Forum Webinar, February 13, 2020.
Speaker, “Investment Management Considerations,” SEC Fintech Forum, Washington, D.C., May 31, 2019.
Speaker, Fourth Annual Disruption and Innovation in the Delivery of Legal Services Conference, New York, NY, November 9, 2018.
Speaker, “Blockchain Basics for Investment Managers: Emerging Legal Trends,” ABA Business Law Section Annual Meeting, Austin, TX, September 14, 2018.
Speaker, “Artificial Intelligence, Big Data and Blockchain,” Mutual Fund Directors Forum Webinar, September 11, 2018.
Speaker, “Regulatory Developments,” ABA’s 2018 Blockchain Technology, Digital Currency and ICO National Institute, New York, NY, April 27, 2018.
Speaker, “Regulation – Interpretation and Implementation,” PricingDirect Inc.’s Annual Conference Issues in Securities Valuation, London, March 14, 2018.
Speaker, “Regulatory Burden Relief & What to Expect,” International Financial Law Review Webinar, New York, NY, January 18, 2018.