We help U.S. and international funds and their sponsors, managers, advisers, and investors to define and achieve their business goals. Our attorneys have represented hundreds of pooled investment vehicles, including independent sponsors and committed funds. We bring clients particular insight into regulatory and market trends, drawing on the experience of veterans from the asset management industry, the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Department of Justice (DOJ), and other agencies.
Our lawyers have been involved in the formation of, and investment in, a variety of alternative investment funds dating back to the 1970s. We represent various kinds of funds, including:
- Buy-out funds
- Growth capital funds
- Venture funds
- Seed or angel capital funds
- Energy funds
- Real estate funds
- Hedge funds
- Infrastructure funds
- Private equity funds
- Commodity and futures funds
We provide guidance on external issues affecting alternative investment funds, including formation, administration, investment issues, market trends, and strategies. We also advise on internal issues such as compensation and vesting arrangements, management and control issues, and general partner separation issues.
We strive to add real value to the businesses of our investment management clients by combining representation of both local money managers and investment management subsidiaries of leaders in the insurance and financial services industries. We assist with:
- Day-to-day regulatory and compliance concerns
- Organizing private investment companies, hedge funds, and mutual funds
- Negotiating and drafting investment management, sub-advisory, repurchase, and secured lending agreements
- Federal and state registration and compliance matters
- SEC, FINRA, The Commodity Futures Trading Commission (CFTC) and the National Futures Association (NFA) audits and examinations
- Advertising, soft dollar issues, and management of ERISA accounts.
We assist clients with initial and ongoing regulatory compliance obligations, preparation for regulatory exams and other actions, and identifying and remediating potential compliance concerns.
We also routinely advise on the applicability of U.S. federal and state securities laws to non-U.S. service providers, and the applicability of non-U.S. laws to U.S. service providers. Our approach to these tasks is tailored to each client’s needs, resources, and staffing.
In addition, we advise on data privacy and security, anti-money laundering compliance, anti-bribery and corruption law compliance, white collar criminal defense, and financial services litigation.
With seamless collaboration across practice groups, our team assists clients with the formation and operational management of joint ventures and investments, registered investment funds, private fund services, REITs (including publicly registered non-traded REITs, Blue Sky, and retail distribution channel), Delaware Statutory Trusts, opportunity zones, and UPREITs. We provide full-service counsel in mergers and acquisitions, securities compliance, corporate governance, tax planning and compliance, lease transactions, commercial loan transactions, benefits and executive compensation, and bankruptcies and reorganizations.
Our top-ranked team advises clients on strategies to achieve their goals — to maximize returns and reduce risk whether the market is trending up or down. We serve all types of hedge fund and private investment fund clients, including those investing in loans, distressed debt, digital assets, derivatives, commodities, futures, and illiquid securities.
We assist family offices in deploying and managing their alternative investments, as well as in the creation and structuring of their family offices. We advise on investments in traditional asset classes and emerging alternative asset strategies, including art, emerging markets investments, private credit, cleantech, natural resource investments, and renewable energy investments.
We counsel registered investment companies on the creation of new products, marketing and distribution, governance matters, obtaining exemptive, no-action, and other relief from regulators, negotiating and structuring investments, mergers and acquisitions, and a wide array of other matters.
We assist investment advisers with all legal, compliance, and regulatory matters arising under federal and state securities laws, particularly all aspects of the Investment Advisers Act of 1940. We routinely assist with investment adviser registration, structuring new services, advisory contracts, and regulatory compliance procedures.
Our national SBIC practice provides cost-effective solutions for SBICs in fund formation, licensing, regulatory matters, and investment activities. We have helped more than 285 clients obtain licenses as SBICs and work closely with the Small Business Investor Alliance (SBIA) and the Small Business Administration (SBA) to improve program policies.
