David J. Marcinkus is a senior counsel in the registered funds group and a member of the BDC practice. Dave advises investment companies, boards, investment advisers and BDC sponsors on regulatory and compliance issues under the Investment Company Act and the Investment Advisers Act. Dave was formerly a Branch Chief in the Chief Counsel’s Office of the Division of Investment Management.

During his nine-year tenure at the SEC, Dave was involved in nearly every significant, novel or complex matter affecting BDCs, and he regularly represented the Division at external conferences. In particular, Dave has extensive experience with affiliated transaction issues, often being consulted by Exams (formerly OCIE) on such matters. Dave has been at the forefront of BDC co-investment issues, and was one of the primary drafters of the FS model co-investment application.  Dave also worked on the 2020 offering reform rulemaking, including the provision of technical assistance to Congressional staff.  

Also while on the SEC staff, Dave was a member of the rulemaking team for 2020’s long-awaited fair value rule 2a-5. 

Prior to joining the SEC, Dave was in-house legal counsel at Lazard Asset Management.