When forming or investing into a hedge or private equity fund, there is no substitute for industry knowledge, ingenuity, experience and global relationships.
Akin Gump Strauss Hauer & Feld LLP’s investment management practice, comprising over 100 lawyers, is a recognized leader in the representation of large institutional and entrepreneurial fund sponsors and managers in the formation of hedge and private equity funds. We have served as lead counsel to some of the world’s premier investors and have helped them access opportunities in markets around the world. Through our representation of a broad range of investment managers and institutional investors, we are able to attain proprietary insight on emerging trends in the private equity and hedge fund industries. This knowledge and experience is particularly valuable to clients as convergence across asset classes continues to play out in the marketplace.
We distinguish ourselves from our competitors through our ability to provide multijurisdictional tax and political guidance to those in the funds industry thanks to our internationally recognized tax and public law and policy practitioners. When guiding our clients through complex global tax, regulatory and legal challenges, we adopt a collaborative approach not only across practices, but also through our highly developed global network of funds industry contacts.
As the financial landscape continues to evolve, we continue to adapt and expand our services in response to changing client needs, new laws and regulations and global events. Some of the services we offer include:
- structuring and negotiating the terms of alternative investment funds on behalf of fund sponsors and investors, including hedge funds, private equity funds, funds of funds, real estate funds, distressed funds and secondary funds, in each case with U.S., non-U.S. and global investment foci
- evaluating, structuring and negotiating manager-level transactions, such as seed capital investments in alternative investment fund managers, the creation of asset managers through joint ventures, and spinouts of existing asset management teams (including proprietary trading desks)
- devising innovative structures to assist private investment fund sponsors in anticipating and reacting to the dynamic and increasingly complex financial landscape, including creative liquidity and withdrawal structures
- evaluating, structuring and negotiating private equity-style investments (minority and control), exit transactions (strategic sale, recapitalization, initial public offering (IPO)) and merger and acquisition (M&A) transactions (joint ventures, stock and asset sales)
- establishing private equity and hedge funds focused on emerging markets
- providing counsel on international tax matters, including structuring portfolio investments in, the United States, Europe, the Middle East, Russia, Asia, Latin America and combinations thereof (BRIC (Brazil, Russia, India, China) funds, MENA (Middle East and North Africa) funds, etc.)
- advising on all regulatory compliance matters, including SEC, CFTC, insider trading, conflicts of interest, fiduciary duties, AIFMD, Foreign Corrupt Practices Act and other legal issues that arise in the operation of alternative investment funds, including compliance with the Investment Advisers Act of 1940
- advising funds on Employee Retirement Income Security Act (ERISA) and tax matters concerning their structure and formation, as well as providing advice employment issues
- advising on, and negotiating agreements with, service providers to alternative investment fund sponsors, including placement agents, prime brokers, administrators and financing counterparties (whether at the sponsor level, fund level or portfolio company level)
- advising on the formation and operation of investment management firms and related service companies, including carry plans and other employee incentive arrangements
- establishing and listing permanent capital vehicles and special purposes acquisition companies (SPACs) on behalf of alternative investment sponsors
- advising on complex structured products, International Swaps and Derivatives Association (ISDA) swaps and other derivative products frequently utilized by funds.
Our investment management lawyers are diversified across offices that are located at global financial and political centers, including New York, Washington, D.C., London, Dallas, Beijing, Hong Kong, Singapore and Abu Dhabi.
Throughout decades of counseling clients, our commitment has remained the same: to help clients overcome obstacles and expand opportunities for the long-term success of their firms and their investors.