Investment Management

Our Investment Management Practice Group provides assistance with the formation and on-going operation of investment funds engaging in a broad spectrum of investment activities from general investment in listed stocks to targeted acquisitions in a wide variety of industries, including in technology, digital assets, energy, real property, venture, businesses or investments. We keep up to date on the latest legal and market developments and work collaboratively with other practice areas to help clients anticipate emerging issues and implement strategies. We represent both domestic and offshore investment vehicles and serve as lead outside counsel to numerous investment funds who combined have tens of billions of dollars in assets under management. Our London team has unparalleled experience acting as cross-border counsel to UK and European fund managers who want to access capital across the globe. Our representation of investment fund clients is both innovative and efficient.

Multi-Disciplinary Approach

Our Investment Management Practice Group has assembled a team of lawyers and legal professionals with diverse, but complementary, experience, so that we can provide assistance in all matters affecting our investment fund clients and their businesses. Our lawyers have knowledge in corporate-securities, partnership, tax, ERISA, international, venture capital, real estate, employment, finance, blockchain, cryptocurrency and litigation issues that affect all types of investment funds. This multi-disciplinary approach affords our clients efficient access to various other practice area lawyers possessing the depth of experience necessary to address any need they may have, while creating a team of professionals particularly suited to providing the creativity and flexibility necessary to guide those clients through the rapidly evolving legal and regulatory landscape.

Services

Our Investment Management Practice Group provides assistance to investment funds and their sponsors, with respect to all aspects of fund structuring, formation and operations throughout the life of a fund, including the following:

Fund Organization

•  Preparation of Private Offering Documentation (Hedge, Private Equity, Real Estate, Venture, Blockchain, Crypto, etc.)
• Development of Fund Terms and Investment, Distribution, and Valuation Policies
• Assistance with Fund Structuring, including Master-Feeder and Parallel Fund Structures to Minimize Taxation on Investors
• Structuring Domestic and Offshore Entities, including Limited Partnerships, Limited Liability Companies, and Corporations
• Advising on Structuring and Compensation Issues for Fund Sponsors, Managers, and Staff
• Tax, ERISA, and Securities Law Considerations
• Specialized Investor Concerns
• Investor Negotiations and Relations
• Fundraising, Marketing, and Investment Considerations

Fund Management and Regulatory Compliance

• Formation and SEC or State Registration of Investment Manager Entities
• Advising on General Securities Law Matters
• Advising on Enforcement Priorities
• Assisting with Preparing Policies and Manuals for Securities and Crypto Managers
• Advising on CFTC and SEC regulations (including with respect to Virtual Currencies)
• Advising on Current Rulemaking Initiatives
• Preparation and Filing of SEC, CFTC and State Securities Forms
• Advising on Investment Company Act of 1940 issues
• Advising on Investment Advisers Act of 1940 issues
• Establishment of Privacy Policies
• Formation of Advisory Committees
• Securities and Commodities Law Analysis of Virtual Currencies, NFTs and Digital Assets

Investment Management

• Preparation of Investment Management and Deferred Fee Agreements
• Early Stage Portfolio Company Development
• Review of Securities Offering and Proxy Materials of Portfolio Companies
• Preparation and Filing of Forms 13D/G
• Compliance with Section 16
• Compliance with Antitrust Laws
• Assistance with Proxy Solicitations and Attendance at Shareholder Meetings of Portfolio Companies
• Review of Derivative Instruments and Other Hedging Instruments
• Tax Strategies for Portfolio Investments (including Tax Consequences for Digital Assets and related IRS Guidance)

Fund Investment

• Review of Target Company Offering Materials
• Negotiation of Organizational Documents and Side Letter Agreements

London Investment Management Capabilities

• Structuring and Establishment of Onshore and Offshore Investment Funds
• Strategic Legal and Commercial Counsel across Multiple Jurisdictions, including the Cayman Islands, Ireland, Luxembourg, Channel Islands, UK, the U.S. and others
• Advising on Restructurings, Derivatives, Liquidation, and Regulatory Law including AIFMD, Navigating FCA Authorization, and Fund Financing
• Experience in Alternative Investment Funds, advising the Full Spectrum of Fund Managers, Family Offices, Sovereigns, and Entrepreneurs
• Advising on Strategies Spanning Credit, ESG, Event Driven, Special Situations, Global Macro, Greentech, Cannabis, Crypto, Emerging Markets, Long/Short Equity, Quantitative, Multi-strategy, Fund of Funds, Commodities, and Real Estate