Mark advises financial services clients on the regulatory aspects of private funds, including fund formation, Investment Advisers Act compliance, and ancillary agreements such as side letters, nondisclosure agreements, and investment management agreements.
Drawing on more than 20 years of experience in private practice and senior in-house legal and compliance roles, he works with US and international banks, broker-dealers, investment advisers, investment companies, private funds, and cryptocurrency and digital asset businesses on SEC, FINRA, CFTC, federal banking, Bank Secrecy Act (BSA), and anti-money laundering (AML) requirements.
Mark represents financial institutions and their employees, registered representatives, and other associated persons in internal investigations, regulatory examinations, government inquiries, and enforcement proceedings. He handles routine and non-routine SEC and CFTC investigations and subpoena responses involving insider trading, market manipulation, unregistered securities offerings, securities fraud, conflicts of interest, money laundering, sanctions compliance, accounting irregularities, bribery and corruption, and related issues. He also counsels clients on self-reporting obligations and remediation strategies.
Mark works with clients to build and refine compliance programs and address regulatory issues in corporate transactions. His experience includes governance, risk assessments, policies and procedures, training, examination preparedness, SEC marketing rule compliance, communications with the public, licensing, regulatory change management, and due diligence involving FCPA compliance and regulated entities such as broker-dealers.
Mark has particular experience with digital asset, cryptocurrency, and fintech businesses, including investment management agreements for Bitcoin holders, stablecoin payment arrangements, digital asset custody, tokenization initiatives, cryptocurrency trading and exchanges, commodity pools, and crypto-focused investment strategies. He has also assisted with a framework for the ethical and compliant use of AI in providing legal services and mitigating conflicts.
Before joining Mintz, Mark practiced at international and boutique law firms in New York and Washington, DC, and held senior legal and compliance leadership positions at major global financial institutions. He served as chief compliance officer for regulated entities, advised boards and risk committees, managed regulatory engagements, and led global compliance policy initiatives. His 16 years of in-house experience give him a practical understanding of the operational and business challenges facing financial services organizations and allow him to serve as a de facto outside general counsel for mid-sized funds.
Experience
- Represented a multibillion-dollar hedge fund, advising on policies and procedures, licensing and employee compliance issues, and negotiating/drafting legal agreements.*
- Successful representation of a broker-dealer and its registered representative in a FINRA arbitration, resulting in a no-dollar settlement and the claim being withdrawn.*
- Advised a non-US securities marketplace on US exchange and broker-dealer registration issues.*
- Conducted a top-to-bottom review and gap assessment of policies and procedures for a mid-sized hedge fund.*
- Represented a non-US financial institution facing allegations of facilitating OFAC sanctions violations.*
- Represented a non-US financial institution in CFTC sweep investigation of potential collusion in the foreign exchange market.*
- Conducted investigation into prime brokerage practices at a major global financial institution and advised the firm on whether to self-report the issue to FINRA.*
- Led a team in receiving bank change of control approval from the Federal Reserve and broker-dealer change of control from FINRA as part of the firm’s representation of acquiring company in a SPAC transaction.*
- Led a team in compiling a complete matrix of applicable laws, rules, and regulations and mapping/gap assessing those laws onto/against existing policies, procedures, systems, and controls for a regulated financial institution.*
* Work performed while at other firms.
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Mintz Deepens Investment Funds Capabilities Across Financial Services and Emerging Technologies
September 09, 2026
NEW YORK – Mintz welcomes Mark Shaffer to the firm's Investment Funds Practice as a Member based in New York. With more than 20 years of experience advising clients across the financial services ecosystem, including private funds, fintech companies, broker dealers, and digital asset businesses, Mark further strengthens Mintz's market-leading capabilities in financial regulation, compliance, and emerging technologies.
Recent Insights
NEW YORK – Mintz welcomes Mark Shaffer to the firm's Investment Funds Practice as a Member based in New York. With more than 20 years of experience advising clients across the financial services ecosystem, including private funds, fintech companies, broker dealers, and digital asset businesses, Mark further strengthens Mintz's market-leading capabilities in financial regulation, compliance, and emerging technologies.
