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Proskauer Rose LLP's US Legal 500 ranked Hedge Fund practice focuses on the establishment and representation of hedge funds and hedge fund managers in all aspects of their operations, advising on fund structuring and formation; licensing and registration; marketing; negotiations with investors and service providers; acquisition and financing of investments; and ongoing compliance with U.S. and international regulatory regimes, including SEC, CFTC, FINRA, FSA, tax and ERISA rules Our clients include both U.S. and non-U.S. hedge fund managers, and range from independent hedge fund managers to large financial institutions and institutional investors.
The Hedge Fund Group is based in our New York and London offices and coordinates closely with our Investment Management, Private Equity, Tax, ERISA and Regulatory practices. The Group includes a core group of experienced legal practitioners that have represented hedge funds and hedge fund managers for more than 20 years. For more information about this practice area, contact:
Hedge Fund Structuring
Lawyers in the Hedge Fund Group have organized and represented U.S. and off-shore hedge funds using a wide range of investment and trading strategies in financial markets throughout the world. In addition to typical private investment limited partnerships, limited liability companies and off-shore investment funds, we also have extensive experience in the structuring and formation of other open and closed-end investment vehicles, including master-feeder structures, funds of funds, private equity funds, hybrid funds, registered investment companies, group trusts, business trusts, structured funds, principal protected funds, insurance linked products, and derivatives linked to the performance of investment funds.
We have organized funds that invest in long/short, arbitrage, event-driven, distressed, special situation, emerging market, futures and derivative strategies, as well as hybrid strategies that combine elements of hedge fund investment strategies with private equity or other investments. We have particular expertise in the development of tax-efficient investment fund structures offered simultaneously to investors in multiple jurisdictions, and in the development of tax efficient investment management structures for both U.S. and non-U.S. investment management organizations.
Compliance
We provide advice to hedge funds and hedge fund managers regarding all aspects of their operations. In particular, we advise in the United States on SEC registration and exemption issues, private placements of securities, complex tax rules applicable to hedge fund operations, the plan asset rules and relevant exemptions under ERISA, CFTC registration requirements and exemptions, broker-dealer registration requirements and exemptions, compliance programs for hedge fund managers, and anti-money laundering requirements. In the United Kingdom, we advise on the rules of the FSA and assist clients in the process of applying to the FSA for authorization to conduct regulated activities.
Investments
We assist hedge fund managers in their underlying investment and trading activities, including advice as to capital markets, mergers and acquisitions, corporate governance, bankruptcies and reorganizations, private equity investments and real estate, and are supported by lawyers that practice in the areas of tax, ERISA, broker-dealer, capital markets, junior capital, finance, real estate finance, bankruptcy and reorganization, litigation and intellectual property.
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