Josh Westerholm, P.C.
Overview
Josh Westerholm is a partner of Kirkland & Ellis LLP, where he is a leader in the regulatory practice within the Investment Funds Group.
In more than 17 years of practice, Josh has represented many of the most sophisticated asset managers in the world, including investment advisers, broker-dealers, commodity pool operators, commodity trading advisors, private fund sponsors, fundless sponsors, private capital firms and family offices. Josh was a core member of a Kirkland regulatory practice that registered more than 100 private fund sponsors as investment advisers in 2011-2012 following the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act. He has also defended clients in more than 80 regulatory exams and inquiries, including those from the SEC, CFTC, FINRA and NFA.
Josh is a frequent speaker and writer on regulatory issues related to the asset management industry.
Representative Clients:
- Thoma Bravo
- Gryphon Investors
- CVC Capital Partners
- Sun Capital Partners
- Nordic Capital
- Principal
- Pritzker Private Capital
- Ariel Alternatives
- RBC
- BlueBay
- Adams Street Partners
- Invesco
- Golden Gate Capital
- Incline Equity Partners
- Insignia Ventures Partners
Experience
Representative Matters
Representations frequently include:
Formation
- In the last year, Josh and his team have represented U.S. and non-U.S. fund sponsors in forming, structuring and fundraising more than 200 private funds. He has broad experience covering private equity funds, real estate funds, credit funds, hedge funds, funds of funds, commodity pools, ERISA plan asset funds, Exchange Act-registered funds, co-investment vehicles, investment holding companies and managed account structures.
Regulatory, Examination and Enforcement Matters
- Josh advises clients on sponsor, corporate, and transactional matters relating to securities and commodity regulations, including the Advisers Act, Investment Company Act, Securities Act, Exchange Act, Commodity Exchange Act, CFTC Regulations, and FINRA and NFA rules. He has developed a specialty in “right-sizing” regulatory advice from the largest institutional asset managers to the smallest startup firms, along with a reputation for practical advice grounded in real-world experience.
Trading Documentation
- Josh has significant experience in drafting and negotiating trading documentation and brokerage agreements for end-users relating to exchange-traded and over-the-counter investment products and hedges.
Asset Protection
- Josh counsels clients in the products and counterparty relationships needed to receive asset protection under U.S. and non-U.S. regulatory regimes.
Prior Experience
Sidley Austin LLP, 2004–2008
More
Thought Leadership
Publications
Josh is a frequent contributing author and editor of the Kirkland AIM and Kirkland PEN.
Select Recent Kirkland AIM Publications:
“SEC’s Examination Division Issues Priorities for 2021,” Kirkland AIM, April 19, 2021
“2021 Private Fund Manager U.S. SEC/CFTC Filing Deadlines,” Kirkland AIM, January 29, 2021
“OCIE Issues Observations on Investment Adviser Compliance Programs; Changes to Private Offering Rules under Regulation D,” Kirkland AIM, December 30, 2020
“SEC Proposes Broker-Dealer Registration Relief for Certain Finders,” Kirkland AIM, October 21, 2020
“Recent SEC Developments on Examination Deficiencies, Ransomware, Purchasing 144A Securities and the Form 13F Reporting Threshold,” Kirkland AIM, July 24, 2020
Select Representative KirklandPEN Publications:
SEC Adopts Updated Accredited Investor and Qualified Institutional Buyer Standards,” KirklandPEN, August 28, 2020
“2018 Review: SEC Continues Active Oversight of Registered Private Fund Managers,” KirklandPEN, January 11, 2019
“Private Fund Manager Settles with SEC Over Disclosure Practices in Connection with the Manager's Purchase of LP Interests from its Investors,” KirklandPEN, September 14, 2018
“Private Equity Newsletter,” KirklandPEN, December 17, 2017
“Private Equity Newsletter,” KirklandPEN, September 26, 2017
Seminars
“New Advisers Act Marketing Rule for Real Estate Sponsors,” NAREIM Legal, Compliance and Risk Virtual Meeting, July 2022
“Implementing the SEC’s New Marketing Rule,” Kirkland Webinar, June 2022
Kirkland Registered Adviser Seminar & CCO Summit, October 2021
“New Marketing Rule,” Investment Advisers Association Private Equity Fund Advisers Committee Meeting, February 2021
Kirkland Registered Adviser Seminar & CCO Summit, October 2020
“Private Equity Funds Update,” Investment Advisers Association Compliance Conference 2020, Washington, D.C., March 2020
Kirkland Registered Adviser Seminar & CCO Summit, October 2019
“Exam Update,” Investment Advisers Association Private Equity Group Subcommittee, New York, September 2019
Kirkland Registered Adviser Seminar & CCO Summit, October 2018
“Valuation,” National Society of Compliance Professionals National Conference, Atlanta, October 2018
Recognition
Credentials
Admissions & Qualifications
- 2004Illinois
Education
- Northwestern Pritzker School of LawJ.D.2004Executive Editor, Journal of International Law and Business
- Trinity International UniversityB.A., English & Philosophysumma cum laude2000Recipient, Student Laureate Award of the Lincoln Academy of Illinois, 2000