We advise sponsors and placement agents in structuring and marketing private equity funds. Our practice includes buyout funds, venture capital funds, special situations funds and emerging market funds, including a variety of both onshore and offshore structures. Our representation of both general partners and limited partners on an international basis provides us with a unique understanding of private equity funds and a detailed and comprehensive perspective on market terms and developments.
We represent the sponsors of a number of well-known private equity funds. We work with general partners to anticipate and address the regulatory and economic needs of investors, and work closely with our private equity transactional lawyers to assist funds as they seek to build value in their portfolio companies.
Our cross-border tax lawyers are experienced in the partnership tax and allocation rules that are used in creating and drafting private equity fund documents and tax-efficient arrangements for their principals, including dealing with unrelated business taxable income rules, passive foreign investment company rules, controlled foreign corporation rules and the US taxation of non-US investors.
In addition, our employee benefits lawyers advise on compliance with fiduciary responsibilities under ERISA, avoiding prohibited transactions, and qualifying for regulatory exemptions. We also provide counsel on the investment of ERISA “plan assets” and the requirements of the venture capital operating company and real estate operating company exceptions to the plan asset regulation.