Mr. Fijolek has represented U.S. and foreign individuals and companies with regard to the legal and tax issues related to their business and investment activities from the formation or acquisition of their businesses, through the ownership and operation of their businesses, to the restructuring and disposition of those investments or businesses.
Among the clients Mr. Fijolek has represented are numerous investment funds, including hedge funds, real estate funds, energy funds, private equity funds and venture capital funds, with regard to their formation, capital raising and placements; real estate owners, developers, operating companies, syndicators and investment funds, including real estate investment trusts (REITs); natural resource operating companies, producers and investors; closely-held businesses, including start-up companies, with respect to their organizational structures and tax and business issues; publicly-traded companies with regard to tax issues and joint ventures; and individuals and companies with regard to general business and tax planning.
Selected Client Representations
- Formation and placement of numerous investment funds with collectively over ten billion dollars in assets.
- Formation of hundreds of start-up companies.
- Organization of and investments in venture capital and leveraged buyout funds to invest in high-technology and telecommunication companies and mature businesses.
- Establishment of U.S. branches of foreign companies and foreign branches of U.S. companies.
- Private and public placements of debt and equity and sophisticated derivative financial instruments.
Selected Professional and Business Activities
- Chair, Federal Taxation Committee, ABA Section of Real Property
- Former Chair, International Real Estate Committee, ABA Section of Real Property
- Former Chair, Partnership and Real Estate Committee, State Bar of Texas Tax Section
- Former Chair, International Tax Committee, State Bar of Texas Tax Section
Honors
- Fellow of the American College of Tax Counsel
- Named in Euromoney Guide to the World's Leading Tax Advisors
- Named in Euromoney Guide to the Leading US Tax lawyers
- Named as one of the Best Lawyers in America in Tax Law (2009)
- Named in Chambers USA in Tax
- Named as one of the Best Business Lawyers in Dallas for Tax by D Magazine (2009)
- Named a Super Lawyer (2009)
Selected Representative Experience
EnerVest Energy Institutional Fund
Represented EnerVest Energy Institutional Fund X, EnerVest Energy Institutional Fund XI, EV Energy Partners and EnerVest Wachovia Co-Investment Fund in their acquisition from Anadarko Petroleum Corporation of $750M of oil and gas properties located in the Austin Chalk Field of Texas.
International and Domestic Investors - Real Estate
Represented international and domestic investors in numerous transactions involving several billion dollars in real estate investments in the United States.
Online Publications
01/13/2010 -
SEC Adopts Amendments to Custody Rule
On December 30, 2009, the Securities and Exchange Commission (the “SEC”) formally published amendments to Rule 206(4)-2 of the Investment Advisers Act of 1940, as amended (the “Custody Rule”). The Custody Rule is designed to increase protections for clients and investors who turn their assets over to an investment adviser registered with the SEC, and it imposes significant new regulatory requirements on advisers with custody of client assets.
02/03/2009 -
Legislation Requiring Investment Fund Registration Introduced in the U.S. Senate
On January 29, 2009, Senators Chuck Grassley (R-Iowa) and Carl Levin (D-Michigan) introduced the Hedge Fund Transparency Act of 2009 (the “Act”) in the United States Senate with the stated purpose of imposing more extensive regulatory oversight of hedge funds. However, the bill is not limited to hedge funds; it generally would apply to, and dramatically impact, all private funds (including private equity and venture capital funds) that rely on an exemption from registration under Section 3(c)(1) or Section 3(c)(7) of the Investment Company Act of 1940, as amended (the “Company Act”).
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