Jim Audette: Chapman and Cutler LLP

Overview

Jim Audette is a partner and member of Chapman’s Corporate and Securities Department, Private Funds Group, and Investment Management Group. Jim focuses his practice on investment management and investment funds, with a particular emphasis on digital assets. He has represented a wide variety of sponsors and funds that focus on cryptocurrency, staking, DeFi investing, and digital asset derivatives strategies. Jim has also represented fund sponsors in the impact investing space. He has significant experience representing both private and registered investment companies and their sponsors, and has assisted in the creation, offering, registration, and ongoing compliance obligations of a variety of investment companies, including mutual funds, exchange-traded funds (ETFs), closed-end funds, interval funds, commodity funds, hedge funds, and unit investment trusts. Jim has represented registered investment advisers and broker-dealers regarding filings and interactions with securities regulators, including registration statements, periodic reporting, and no-action and exemptive relief requests with the SEC, CFTC, and FINRA.

In addition to his registered investment company practice, Jim also represents institutional investors of private investment funds, including private equity funds, hedge funds, and real estate funds. Jim regularly negotiates and structures private fund investments on behalf of public pension plans, financial institutions, and family offices.

Jim’s capital markets and corporate governance experience includes acting as issuer’s and underwriters’ counsel in investment-grade debt offerings and exchange offers for several Fortune 500 companies, including large public utilities and railroads. He has also assisted in the preparation of proxy materials for reporting companies’ annual meetings and has successfully contested the inclusion of activist shareholder proposals in those materials with the SEC.

Jim’s mergers and acquisition experience includes acting as buyer’s counsel in acquisitions of and asset purchases from banks, bank holding companies, and investment advisers, including the negotiation of definitive agreements and the drafting and filing of registration statement/proxy materials with the SEC.

Practice Focus

Admitted

Illinois

Michigan

Education

University of Notre Dame Law School, J.D., cum laude, 2012

Notes Editor, Journal of College and University Law

Loyola University, Chicago, B.B.A., Economics, cum laude, 2009

Notable Engagements

Fintech Company Acquisition
Chapman represented YieldX, a portfolio management technology company, in its acquisition by FNZ, a global wealth management platform. The acquisition of YieldX is part of FNZ’s growth plan to expand its wealth management solutions in the US and around the globe.
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Counsel to Three Spot Bitcoin ETFs Approved by SEC
Chapman acted as counsel on the registration and listing of three of the first spot bitcoin exchange-traded funds (ETFs) to launch in the United States, which received approval from the U.S. Securities and Exchange Commission (SEC).
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Counsel to Two Spot Ether ETFs Approved by SEC
Chapman acted as counsel on the registration and listing of two of the first eight spot Ethereum (ether) exchange-traded funds (ETFs) to begin trading in the United States, following the U.S. Securities and Exchange Commission (SEC) declaring the registration statements for the ether ETFs effective on July 22, 2024.
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