Fund Finance Law Firms Providing Comprehensive Investment Solutions

Fund finance law firms provide comprehensive investment solutions to investors and fund managers. They offer a range of services, including fund formation, regulatory advice, and transactional support.

These law firms have extensive experience in fund finance, with some having advised on over $1 trillion in fund financings. Their expertise spans various asset classes, including private equity, real estate, and hedge funds.

Fund finance law firms work closely with investors, fund managers, and other stakeholders to tailor solutions that meet their specific needs. They provide guidance on structuring and documenting transactions, as well as navigating regulatory requirements.

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Winston's team of attorneys has extensive knowledge of fund formation and ongoing operational and compliance matters.

They represent fund sponsors in structuring and forming private investment funds in nearly all strategies.

Their experience representing both sponsors and institutional investor clients provides a unique understanding of issues of focus for investors.

This allows them to craft solutions that work for all fund partners.

Fund finance law firms often employ a strategy called "synthetic financing" to enable private equity funds to access leverage. This involves creating a special purpose vehicle (SPV) to issue notes to investors.

A common feature of synthetic financing is the use of a credit default swap (CDS) to hedge against potential losses. The CDS essentially transfers the risk of default from the fund to the SPV.

Synthetic financing can provide greater flexibility for private equity funds, allowing them to access leverage without having to issue traditional debt. This can be particularly beneficial for smaller or newer funds.

Fund finance law firms may also recommend a strategy called "recourse" financing, which involves the fund manager guaranteeing the debt. This can provide greater security for lenders but also increases the fund manager's personal liability.

Recourse financing can be beneficial for funds with a strong track record of performance, as it allows them to access more favorable loan terms.

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Investment Management firms like Latham & Watkins offer comprehensive services to private funds, investment advisers, and investment companies. They help structure, organize, and distribute investments, as well as advise on SEC regulatory issues.

Their attorneys regularly review and negotiate fund documentation, including limited partnership agreements, side letters, and fund management agreements. This ensures that clients' rights are protected and their investments are secure.

The firm's expertise in Investment Company Act, Investment Advisers Act, and ERISA regulations allows them to provide innovative solutions to complex issues. Their team of experienced attorneys, including Gregory "Greg" A. Dodge, Head of Investment Management, work seamlessly with other Latham teams to find solutions that meet clients' commercial objectives.

Here are some key services offered by Latham & Watkins in Investment Management:

We counsel private funds, investment advisers, investment companies and separately managed accounts on structuring, organization, distribution, and SEC regulatory issues, including responses to SEC examinations.

Our attorneys regularly advise institutional investors on market terms and relevant securities, tax, partnership, fiduciary, ERISA, and documentation issues.

We provide ongoing regulatory advice with respect to, and innovative solutions to issues arising under, among others, the Investment Company Act, the Investment Advisers Act, the Commodity Exchange Act, ERISA, tax, and broker-dealer/FINRA regulations.

We regularly advise clients on the establishment of new advisory businesses, including formation and registration with appropriate regulatory authorities.

We review annually a significant number of fund investments for institutional investors, including the review, negotiation, diligence and structuring of such investments.

Our diligence with respect to private fund documentation typically includes the review and negotiation of limited partnership agreements, side letters, fund management agreements and related agreements.

We perform compliance reviews and develop compliance policies and procedures to ensure our clients are meeting their regulatory requirements.

The Latham fund finance team represents private debt and private equity firms, as well as financial institutions, in structuring and executing a wide range of subscription credit facilities and other fund-level financings.

They work in tandem with colleagues across Latham practices and global offices to develop innovative fund-level financing structures that account for the full spectrum of tax, finance, and regulatory issues.

Their experience spans a wide variety of fund-level financing structures, including capital call facilities, NAV financings, ESG-linked facilities, and general partner facilities.

The team leverages deep experience and relationships across private capital, financial institutions, and the investment funds industries to help clients navigate complex transactions.

They work seamlessly with the Latham global corporate, finance, investment funds, and tax teams to find solutions that allow clients to achieve their most critical commercial objectives.

Their expertise allows them to advise clients on multi-currency and multi-jurisdictional financings, as well as cash-flow and asset-based loans.

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Meet the team behind our investment management services. They're a talented group of professionals who are dedicated to helping you achieve your financial goals.

Lauren E. Burns is an Associate in Financial Services, and can be reached at 704.331.3664 or by email.

Gregory "Greg" A. Dodge leads our Investment Management team, and can be contacted at 704.331.1105 or by email.

Charles X. Jenkins is also an Associate in Financial Services, and can be reached at 704.331.3522 or by email.

Daniel "Tripp" H. Monroe, III is the Co-head of Financial Services, and can be contacted at 704.331.1107 or by email.

Thomas A. Pennington is a Member of Financial Services, and can be reached at 704.331.1037 or by email.

Edward A. Schultz is an Associate in Financial Services, and can be contacted at 704.331.2309 or by email.

Joseph "Joe" W. Silva is also an Associate in Financial Services, and can be reached at 704.331.1160 or by email.

Quentin A.S. Becker is an Associate in Financial Services, and can be contacted at 704.331.3710 or by email.

Here is a list of the team members mentioned above:

Our fund finance law firms provide comprehensive solutions to private investment fund sponsors, including counsel on SEC regulatory compliance, taxation, and investor-related regulatory matters.

We also offer ongoing regulatory advice to private funds, investment advisers, and investment companies, helping them navigate complex issues under the Investment Company Act, the Investment Advisers Act, and other regulatory frameworks.

Whether you're establishing a new advisory business or dealing with special circumstances in the private fund industry, our experienced team can assist with SEC regulations, employment arrangements, and cross-border tax planning matters.

We help establish and operate private investment funds that invest in digital assets, including cryptocurrencies to complement or enhance portfolios. These funds employ a range of strategies, such as event-driven and merger arbitrage.

We provide counsel to managers and advisers of all types of offshore private funds, including those in tax-neutral jurisdictions like the Cayman Islands and Bermuda.

Our team provides comprehensive solutions for fund sponsors, covering everything from market analysis to investor terms. We offer guidance on SEC regulatory compliance, taxation, and investor-related regulatory matters.

We have broad experience in advising sponsors on both routine operational issues and special circumstances that arise in the private fund industry. Our expertise enables us to address complex problems.

We assist clients with SEC regulations, including Investment Advisers Act compliance, employment arrangements, cross-border tax planning, and ERISA-related issues. Our goal is to ensure our clients are in compliance with all relevant regulations.

We counsel fund sponsors on the full range of fundraising issues, including market trends and investor terms. Our advice helps clients navigate the complex landscape of private investment funds.

Our ordinary course representation includes assistance with SEC regulations, employment arrangements, and cross-border tax planning. We also help clients address special circumstances that may arise in the private fund industry.

We have experience advising clients on the establishment of new advisory businesses, including formation and registration with regulatory authorities. Our team also helps clients develop compliance policies and procedures.