For over a decade and a half, Akin Gump Strauss Hauer & Feld LLP has focused on serving the legal needs of fund clients in fund formation and structure, tax, corporate and securities, financial restructuring and litigation. During that time, we have amassed a nationwide pool of experienced litigators dedicated to the varied needs of fund clients. Our investment funds litigation practice works hand in hand with the firm’s renowned investment funds practice that spans London, New York, Washington and Dallas. It also enjoys in-house support from a cutting-edge tax practice dedicated to the representation of onshore and offshore fund clients as well as from a well-known financial restructuring practice that regularly represents distressed funds and other bondholders in major bankruptcy cases across the country.
Our team is experienced in complex commercial litigation, including civil securities litigation, in state and federal courts and arbitral panels across the country. The team also includes a highly regarded white collar and regulatory enforcement practice led by former federal prosecutors who regularly represent clients before the Securities and Exchange Commission (SEC), National Association of Securities Dealers (NASD), New York Stock Exchange (NYSE), Financial Industry Regulatory Authority (FINRA), Commodity Futures Trading Commission (CFTC), offices of various state attorneys general, the Department of Justice (DOJ) and other government agencies.
We regularly represent the world’s largest and most prominent hedge funds and private equity funds in a variety of litigation matters. These clients represent the broad and diverse range of funds, including:
- distressed securities funds
- private equity funds
- real estate funds
- convertible arbitrage fund
- activist strategy funds
- short selling strategy funds
- traditional long equity funds
- multi-strategy funds
- energy funds
- funds of funds
- emerging markets funds
- Russia-based funds
- credit opportunities funds
- sovereign wealth funds.
We represent private investment funds, their principals and their portfolio companies in litigation, arbitration and regulatory proceedings. The following are some representative engagements:
- defended hedge fund in arbitration brought by former partner regarding alleged entitlement to carried interests and other forms of compensation
- advised investment funds in connection with redemption gates, suspensions and other capital withdrawal disputes
- advised hedge fund in successful negotiation of separation agreements with several departing partners that resolved equity participation and other compensation issues
- defended former partner of boutique merchant bank in federal court trial and appeal regarding stock options received as director of portfolio companies and compensation from partnership
- represented major hedge fund in negotiation of settlement with departing trader regarding disputed bonus amounts
- represented hedge funds in New York Attorney General, SEC and CFTC investigations regarding trading practices
- represented hedge funds in SEC, NASD and NYSE investigations exploring market manipulation and insider trading issues
- represented hedge funds in connection with SEC compliance examinations
- advise and provide on-site training programs on a regular basis for traders and portfolio managers with regard to insider trading issues and best practices
- represented investment funds in disputes with issuers, e.g., in connection with the rights of holders of convertible securities
- defend public portfolio companies, their officers and directors and major shareholders in securities class actions and derivative actions
- advised regularly portfolio company boards regarding “going private” and other interested transactions
- advise regularly merger arbitrage funds on public M&A deals
- represented real estate funds in resolving disputes with, and prosecuting actions against, defaulted borrowers in connection with mezzanine financings, including Uniform Commercial Code (UCC) foreclosure proceedings
- represented major private equity funds in connection with their regulatory filings and licensing approval process.