Fordham Journal of Corporate & Financial Law Volume 13 Issue 3 Article 4 2008 Hedge Funds, Liquidity and Prime Brokers Nathan Bryce Follow this and additional works at: https://ir.lawnet.fordham.edu/jcfl Part of the Banking and Finance Law Commons, and the Business Organizations Law Commons Recommended Citation Nathan Bryce, Hedge Funds, Liquidity and Prime Brokers, 13 Fordham J. Corp. & Fin. L. 475 (2008). Available at: https://ir.lawnet.fordham.edu/jcfl/vol13/iss3/4 This Note is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Journal of Corporate & Financial Law by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. HEDGE FUNDS, LIQUIDITY AND PRIME BROKERS By Nathan Bryce* * J.D., expected, Fordham University School of Law, 2009; B.A., cum laude, Cornell University, 2006. I would like to thank Professor Caroline Gentile for her insight, support, and recommendations. I would also like to thank the members of the Fordham Journal of Corporate & Financial Law for their editorial assistance and diligent help throughout the writing process. 475 476 FORDHAM JOURNAL OF Vol. XIII CORPORATE & FINANCIAL LAW INTRODUCTION Over the past decade, the hedge fund industry has enjoyed remarkable growth. The media enthusiastically described the success of the top-performing funds and the lavish riches they bestowed on their employees.1 At the same time, however, there were remarkable stories of failure in the industry.2 Both politicians and economists warned of the potential dangers hedge funds present to the national and global economies.3 These warnings and concerns created a debate regarding the level of regulation needed, if any, over what is currently a largely unregulated industry.4 This Note argues that while increased regulation of the hedge fund industry is necessary, the government’s recent and ongoing attempts to increase regulation are misguided.