Kathleen Moriarty is senior counsel in Chapman's Corporate and Securities Department and a member of the firm's Investment Management Group. She has extensive experience representing investment companies with the creation, structuring, and development of new exchange-traded products (ETPs) and was actively involved in the development of SPDRs, the first US exchange-traded fund (ETF) as well as many other ETFs. Kathleen represents a wide variety of market participants in connection with ETPs as well as commodity-backed derivative securities and non-investment company exchange traded vehicles, such as the US ETFS precious metals trusts. She also advises index providers licensing their financial products to ETPs.
In addition, Kathleen represents US and foreign entities that are developing businesses involved in the virtual currency and blockchain spaces. She also consults with virtual currency businesses, especially with regard to securities law issues. In addition, she advises funds investing in blockchain companies and virtual currencies directly, as well as entities using the blockchain to underpin a variety of uses, such as clearing securities, constructing identification systems for stateless children and establishing repositories for legal data.
Kathleen is regularly quoted in the media about issues relating to ETPs, financial indexes, blockchain, bitcoin, and other virtual currency related matters. She is a frequent speaker at industry conferences and webinars, and has published articles on these topics.
Women in ETFs
Investment Management Regulation Committee, New York City Bar Association
Task Force on Blockchain, Cryptocurrencies and Investment Management, American Bar Association
'40 Acts Luncheon Group
Women's Investment Management Forum
Quality Markets Committee, NASDAQ
Listing and Hearing Review Council, NASDAQ OMX
Journal of Index Investing
- Editorial Board
Honors & Awards
- Nate Most Award — Awarded for being the "Greatest contributor to the ETF Marketplace" (2017)
- William F. Sharpe Indexing Lifetime Achievement Award — Awarded by The Journal of Investing (2016)
- Financial Times — US Innovative Lawyer (2013)
University of Notre Dame Law School, J.D., 1980
Smith College, B.A., 1975
- Bitcoin Custody Business Acquisition
Chapman served as co-counsel to Xapo Inc. and its parent Xapo Holdings Limited, a global cryptocurrency wallet and custody platform, in the $55 million sale of its institutional bitcoin custody business to Coinbase Custody Trust Company. Chapman advised on a variety of regulatory, operational, and subject matter issues relating to the transaction.
- Innovation in Exchange-Traded Funds
Chapman serves as fund counsel to the Syntax Stratified LargeCap ETF (SSPY), a first-of-its-kind ETF that tracks the performance of a uniquely designed equity market index, which is a stratified-weighted version of the S&P 500. The fund’s methodology, an alternative to market cap weighting, is designed to control exposure to business related risks across the entire S&P 500 Index. The ETF was structured to carry-forward performance of its existing private fund’s portfolio of securities, thus launching with four years of prior performance history.
- Author, "SEC's New ETF Rule Is a Win for Issuers, Investors," Law360. October 29, 2019.
- April 11-14, 2022
- Panelist, "Hot ETFs Regulatory Topics," ETFGI Global ETFs Insights Summit USA, May 20, 2021
- Panelist, "Is 2021 the Year of the Crypto ETF?" FTSE Russell Webinar, February 25, 2021
- Panelist, "An Investigation of Semi-Non-Transparent Active ETFs," ETFGI Global ETFs Insights Summit, July 28 – 30, 2020
- Panelist, "Insights from Women in ETFs," 24th Annual Global Indexing and ETFs Conference, June 19 – 21, 2019
- Panelist, "Regulation and SEC Enforcement," Digital Asset Strategy Summit October 16 – 17, 2018
- Presenter, "Blockchains, Cryptocurrencies and Investment Management," 2018 American Bar Association Business Law Section Annual Meeting, September 12 – 15, 2018
- Presenter, "Life as an Advocate for Innovative Financial Products," QWAFAFEW New York Chapter Event, September 6, 2018
- Panelist, "In the Beginning—A Look Back at How the ETF Marketplace Was Created," 14th Annual Global ETF Awards, July 19, 2018
- Panelist, "Cryptocurrency," ALAS Annual General Meeting, June 20 – 22, 2018
- Panelist, "Blockchain Innovation and Opportunity," 2018 Blockchain Technology, Digital Currency and ICO National Institute, April 27, 2018
- Panelist, "Investing in Cryptocurrencies," The Street Webinar, February 28, 2018
- Panelist, "The Next Frontier in Crypto Investing: ETFs," Yahoo Finance All Markets Summit, February 7, 2018
- Panelist, "Bitcoin ETFs," Bloomberg's ETFs in Depth Conference, December 7, 2017