Education

Tulane University Law School, J.D., cum laude, 1992

  • Tulane Law Review, Notes and Comments Editor

Duke University, B.A., English, 1988

Admitted

District of Columbia

Pennsylvania 

Barry Pershkow is a partner in Chapman's Corporate and Securities Department and a member of the firm's Investment Management Group. He is nationally recognized for his work in the field of exchange-traded funds (ETFs). Barry has extensive experience working on matters involving the establishment, representation, and counseling of ETFs, alternatively structured exchange-traded investment products (ETPs), commodity pools, their advisers, and listing markets. He advised on the formation and operation of a variety of investment products, including the industry's first leveraged and inverse ETFs, the first leveraged and inverse commodity and currency exchange-traded products, and the first long/short ETF.

Prior to joining Chapman in 2017, Barry served as senior counsel with the U.S. Securities and Exchange Commission's (SEC) Division of Investment Management for more than five years. While at the SEC, Barry led ETF-related initiatives as chair of the SEC's interdivisional ETP Task Force and led SEC staff meetings with senior representatives of the fund industry concerning new and novel products and proposals, including sponsors, liquidity providers, national securities exchanges, and service providers. Additionally, Barry served as a member of the SEC's Fintech Working Group, which addressed transformative issues, including those related to digital currency, initial coin offerings, and blockchain technology. Prior to the SEC, Barry was in private practice and also served as vice president and counsel at ETF sponsor ProShares.

Publications

  • Co-Author, "ETF Prospectus Liability: Taking Stock after Jensen v. iShares," The Investment Lawyer, March 2018.