Our Asset Management and Investment Funds practice group is a team of attorneys who have represented private and public investment funds (private equity funds, hedge funds, investment companies and BDCs) and institutional investors in connection with the formation of funds and have advised on the ongoing regulatory and compliance obligations of a wide variety of asset management firms such as investment advisers, investment companies and broker-dealers. Working closely with other attorneys in the firm and drawing on their expertise in corporate finance, ERISA, tax, employment, M & A and real estate to meet the full range of our clients’ needs, the group counsels clients on a wide range of complex and routine investment management matters, including investment manager and fund formation, fund governance and operations, regulatory and compliance issues, risk management, investor communications and relations, and general corporate matters.
Private Investment Funds
Our firm has a robust fund formation practice. Our practice group represents both sponsors of private funds and institutional investors in connection with their private fund investments. We have a particular depth of experience in forming and operating domestic and offshore hedge funds and have experience with a broad client base ranging from start-up entities, funds, emerging managers to Fortune 100 global financial institutions. Our clients include both direct and fund-of-funds targeting a wide range of investment strategies such as long/short, convertible arbitrage, merger and statistical arbitrage, distressed debt, and commodities/futures pools.
We assist clients in selecting and implementing various types of fund structures that suit their particular legal and business needs such as limited partnerships, investment trusts, and limited liability companies. Our offshore experience is supported by our strong working relationships with several reputable counsel in a variety of foreign jurisdictions where we manage the formation and launch of such funds, which includes master-feeder funds, side-by-side and parallel investment vehicles.
Based on our Firm’s private equity, real estate, MWBE and investment adviser and management compliance capabilities, we are well-positioned to advise principals and managers on the formation and operation of a broad array of private funds.
We also have extensive experience representing institutional investors in connection with their private fund investments. We counsel professional investors on legal due diligence, regulatory and compliance issues and other investment-related legal issues. Our transactions have encompassed a range of funds, including buyout, venture, distressed, mezzanine, secondary, closed-ended and open-ended real estate funds, customized fund-of-funds, and other separate account investment vehicles. Our attorneys have worked on behalf of major pension plans, both public and private equity fund-of-fund managers and advisors, family offices, foundations, endowments, and others.
Tax and ERISA/Executive Compensation
Our tax attorneys are adept at counseling clients on the unique tax concerns of fund sponsors as well as investors, including tax exempt and foreign investors. Our employee benefits/executive compensation attorneys provide counsel on all aspects of ERISA fiduciary rules and plan asset regulations and provide cutting edge advice to private funds and pension plans on ERISA compliance matters.
Investment Management and Broker-Dealer Compliance
Our attorneys have held chief compliance officer and other senior level compliance positions in a wide array of large asset management firms. One of our attorneys served in the SEC’s New York Office and was a managing counsel and branch chief as part of its regulatory investigations and enforcement group.
Our practice includes counseling clients in all of the regulatory issues applicable to forming and operating public and private investment funds and their management companies. We provide our clients with a full range of services which include investment adviser, mutual fund and broker-dealer registration under both federal and state securities laws (including FINRA’s Continuing Membership Application process), as well as registration for CTA’s and CPO’s. We regularly assist clients in compliance programs and developing compliance policies and procedures, including codes of ethics and insider trading restrictions. We help clients review their compliance programs and have conducted internal compliance audits. The depth of our regulatory experience enables us to provide advice and assistance on virtually all compliance related agreements and documents.