Our attorneys have extensive experience in representing hedge funds and investment managers, ranging in size from small emerging managers to some of the largest investment management firms in the industry with over $10 billion in assets under management. We offer a broad range of services to investment management clients, including the following:
- Fund formation, including preparation of private placement memoranda, tax and structuring advice involving both onshore and offshore structures and “hybrid” structures with private equity features such as alternative liquidity terms;
- Assistance in executing a range of investment strategies involving equities, derivatives, fixed income, commodities and specialized asset classes (such as art);
- Assistance in compliance with SEC, CFTC, FINRA, NFA and other applicable regulations, including CPO and CTA registration and state and SEC investment adviser registration;
- Advice in winding down funds;
- Representation of funds as creditors and investors in bankruptcy proceedings or distressed investments;
- Drafting and negotiation of side letter agreements with investors;
- Negotiation and structuring of credit and liquidity facilities with prime brokers and other lenders;
- Litigation on behalf of funds, both against issuers of securities and representing funds against investor suits, in the course of SEC, FINRA or other regulatory examinations;
- Assisting in due diligence in connection with new investments;
- Negotiation and structuring of “seed” arrangements for emerging managers; and
- Negotiation and structuring of customized debt and equity investments in both public and private issuers.
Our size and cost-effective approach enable us to represent emerging managers and other small or growing clients, but has also proven attractive to larger funds and institutions seeking to reduce outside counsel costs in an environment where fund expenses and management fee structures are under increased scrutiny.