Focuses on representing fund managers and investors with global presence in relation to fund formation, regulatory, ongoing compliance and maintenance issues.
Advises on innovative alternative structures and bespoke solutions.
Counsels on fund restructuring transactions, recapitalizations and other liquidity solutions.

Barbara Niederkofler represents some of the most prominent private equity and hedge fund sponsors, as well as a broad range of other investment clients, including credit funds, hybrid funds, family offices and institutional investors.

Barbara’s practice focuses on the formation and operations of private investment funds along the liquidity spectrum, including:

Structuring funds and managers in multiple jurisdictions.
Providing guidance on fundraising and solicitation issues.
Advising on seed arrangements, spinouts, joint ventures and “upper-tier” arrangements.
Handling registrations and exemptive filings under securities and commodities laws with regulators, including the Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC) and the National Futures Association (NFA).
Advising on ongoing maintenance of fund structures, as well as compliance issues for managers.

Barbara has substantial experience with all aspects of investment adviser compliance and registrations. She has extensive experience in relation to the Investment Advisers Act of 1940, and she regularly advises clients with respect to regulatory examinations and investigations.

Languages
French
Italian
German

Education
J.D., Harvard Law School, 2003
B.A., Yale University, summa cum laude, 2000

Bar Admissions
New York
Solicitor, England and Wales

Recognitions

Diversity Journal, Women Worth Watching, 2020.
The Legal 500 US, Investment Fund Formation and Management: Private Equity Funds, 2021, and Alternative/Hedge Funds, 2023.

Affiliations and Public Service

Co-Chair, Women’s Firmwide Resource Group

Speeches and Publications

Panelist, US Regulatory Update (AIMA Luncheon), GAIM Ops Cayman, April 2024.
Panelist, New Challenges for Private Fund Managers, Akin AI Summit, February 2024.
Panelist, “The New Marketing Rule: Where Are We Now?,” Women in Funds, July 2023.
Panelist, “State of Play: SEC Regulatory Agenda & Post Brexit Outlook,” MFA Legal & Compliance London, October 2022.
Panelist, “In Focus: The SEC & Private Markets,” MFA Legal & Compliance, May 2022.
Panelist, “PE Funds: Recent Terms & More,” ACIC Fall Annual Meeting and Education Conference, October 2021.
Panelist, “Global Jersey: Stability Meets Innovation in an Evolving Funds Landscape,” Jersey Finance, July 2021.
Panelist, Breakfast Roundtable for Investment Managers, New York, November 2019.
Panelist, “Recent US and Cayman Islands Regulatory Changes,” AIMA Fund Manager Briefing, New York, October 2019.
Panelist, “Global Enforcement Review 2018,” Duff & Phelps Global Enforcement Review Seminar and Networking, Hong Kong, October 2018.
Panelist, “U.S. Regulation: The New Administration—One Year,” Maples Investment Funds Forum, Grand Cayman, February 2018.
Speaker, “Navigating Through the Amended Form ADV and Recent SEC Priorities,” AIMA Fund Manager Training, London, May 2017.
Panelist, “Marketing to EU Investors,” FinanceMalta, New York, December 2016.