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Private Investment
Funds
We have substantial experience with
private investment funds for venture capital
investments. This experience extends to the
representation of funds in connection with
their structure and formation; potential
investors, particularly pension funds and other
institutional investors; and advisors to such
funds. In large part, our representation relates
to specific portfolio investment transactions in
which the managed accounts and funds are
engaged. This includes structuring documentation
drafting and review, structure review and
negotiation, compliance and regulatory advice
relating to the investment, and all of the other
functions relating to making investments. The
investments range in type from equity
investments in public companies, through venture
and mezzanine type financing in debt and equity
form, to debt of all types, trade claims, and
distressed loan trading. Because our experience
extends to parties on both sides of the fund
formation process, the investment fund itself,
as well as potential investors, we have
developed extensive experience and knowledge on
issues of concern to the funds and potential
investors.
In addition, our firm is involved in
reviewing and developing a range of compliance
and regulatory policies and programs for these
fund complexes. For example, we might develop a
compliance program designed to "screen" material
non-public information obtained by one group
within the complex from the remaining groups,
thereby effectively permitting the other groups
to trade freely in the securities of the
relevant issuer. On the other hand, we might
assist in developing the NASD compliance program
required for broker-dealers and their employees.
We analyze the securities law compliance
requirements and the effects of various types of
transactions on reporting and trading. We
develop forms and produce memoranda to make the
investment and internal management processes
more streamlined and less subject to regulatory
concerns.
Specifically, our recent private
investment fund work has included the formation
of venture capital funds for institutional
investors and the formation of funds to invest
in distressed debt. In addition, we currently
perform general corporate and securities work
and fund structuring formation for several
private securities investment firms, along with
various investment transactions and investment
restructurings.
We are also general counsel to
governmental investment boards in various states
and, as such, review potential investments in
venture capital and other private investment
funds. |
