Josh Westerholm

Partner Transactional

Chicago +1 312-862-2007

Josh Westerholm

Overview

Josh Westerholm is a partner in the Investment Funds Group of Kirkland & Ellis LLP, where he is a key member of its hedge fund and financial regulatory practices, oversees the Firm’s global commodities practice, and has significant responsibility in the Firm’s transactional and derivatives practices.

Josh focuses his practice on the representation and defense of investment advisers, commodity pool operators, commodity trading advisors, broker-dealers, private funds and family offices.

Representations frequently include:

Formation 

  • Josh has represented U.S. and non-U.S. fund sponsors in the various aspects of forming, structuring and fundraising diverse private funds, including hedge funds, private equity funds, real estate funds, funds of funds, commodity pools, ERISA plan asset funds, Exchange Act-registered funds, and various managed account structures.

Regulatory, Examination and Enforcement Matters

  • Josh is first-contact or supervisory counsel for U.S. regulatory matters for U.S. and non-U.S. advisers with more than US $300 billion under management. He has advised clients in the defense of more than 45 regulatory exams and inquiries, including those from the SEC, CFTC, FINRA and NFA. He advises clients on sponsor, corporate, and transactional matters relating to securities and commodity regulations, including the Advisers Act, Company Act, Securities Act, Exchange Act, Commodity Exchange Act, CFTC Regulations, and FINRA and NFA rules. 

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.

Sidley Austin LLP, 2004–2008

More

Thought Leadership

Publications

Josh is a frequent contributing author and editor of the Kirkland AIM and PEN.

Seminars

Panelist, NSCP Form ADV Workshops, New York, San Francisco and Los Angeles (February 2017)

Panelist, "Regulatory Refresher: What to Watch for in the Trump Administration," Alternative Asset Management General Counsel Luncheon (January 2017)

Panelist, 2017 Registered Adviser Seminar & CCO Summits (October 2017)

Panelist, 2016 Registered Adviser Seminar & CCO Summits (October 2016)

Panelist, 2015 Registered Adviser Seminar & CCO Summits (November 2015)

Panelist, "Perspectives on the Current PE Regulation Environment," University of Michigan Private Equity Conference (October 2014)

Panelist, "SEC Inspections," Illinois Venture Capital Association (IVCA) CFO Summit

Credentials

Admissions & Qualifications

  • 2004Illinois

Education

  • Northwestern Pritzker School of LawJ.D.2004
    Executive Editor, Journal of International Law and Business
  • Trinity International UniversityB.A., English & Philosophysumma cum laude2000
    Recipient, Student Laureate Award of the Lincoln Academy of Illinois, 2000