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Private Equity & Hedge Fund Litigation

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Overview

Proskauer’s Private Equity & Hedge Fund Litigation team focuses on disputes and regulatory matters that are unique to private investment funds, including private equity, venture capital, hedge, and real estate funds, as well as other alternative investment vehicles.

Our team’s experience in the industry is second to none, based on our longstanding focus in this area and our close collaboration with Proskauer’s Private Investment Funds and Hedge Funds practices – which are among the most active and respected in the world.

We also work closely with the Firm’s related practice groups, including Securities LitigationWhite Collar Defense & Investigations, Private Credit, Mergers & Acquisitions, and Broker-Dealer & Investment Management Regulation, to provide our clients with tailored, cross-disciplinary solutions.

Through this collaborative and multi-disciplinary approach, our team brings unmatched experience in the private funds industry, deep knowledge of the current issues, and creative solutions to our clients’ unique legal and business challenges. We represent a wide range of clients across all private investment fund capacities, including funds, fund sponsors, investment advisers, managers, limited partners, and broker-dealers. They call on us to represent them in private and public disputes in all jurisdictions, and in connection with investigations and enforcement actions by the SEC, FINRA, and other federal and state regulators.

In short, we know the legal structures, understand the business strategies and goals, and are uniquely positioned to counsel our clients on litigation risk and avoidance and, when necessary, to represent their interests in court or before the regulators.

Areas of Focus

  • Investment Fund Level Disputes (GP v. GP, GP v. LP, LP v. LP)
    • Breaches of Fiduciary Duties
    • Control Contests (Removal of GP for Cause/No Cause; Consent Solicitations; Dissolution; Books and Records Requests)
    • Valuation Disputes
    • Retention Disputes
    • Related Party Transactions and Partnership "Opportunities"
    • Blow-ups
    • Fraud (Ponzi Schemes, Performance Presentation Misrepresentations, Clawbacks)
    • Defaulting Limited Partners
    • Corporate Governance
    • Third-Party Litigation
    • Conflicts over Economic Rights (Carried Interest Allocations New Fund Participation Rights)
    • Track Records
                      • Regulatory Investigations and Inquiries
                        • SEC Investigations (Pay to Play, Expense Shifting, Insider Trading, Unlawful Promotion and Marketing, Investment Fraud, Valuation)
                        • United States Department of Justice (Insider Trading and Antitrust Enforcement)
                        • State Attorneys General and Regulatory Agencies
                        • Whistleblowers
                                          • Securities and Fraud Claims (Individual, Class Action, Group Action, Derivative)

                                          • Operating Company Disputes
                                            • Transaction Disputes, Regulatory Disputes and Investigations
                                            • Shareholder Disputes
                                            • Corporate Governance Disputes
                                            • Breach of Contract
                                            • Competition
                                            • Employment
                                            • Product Liability