Our Investment Funds practice group is a highly experienced team of 19 attorneys who provide legal services to many of the world’s leading institutional investors. We represent more than 90 institutional investors in the United States and around the globe, including some of the largest and most active sovereign wealth funds, endowments, insurance companies, public pension plans, and financial institutions. Typically, transactions range in size from several million to $3 billion including, without limitation, investments in the following:
- Private Equity Funds
- Venture Capital Funds
- Energy Funds
- Infrastructure Funds
- Real Estate Funds
- Credit, Loan and CLO Funds
- Secondary Market Transactions
- Pre-IPO Private Investments
- Hedge Funds
- Long-only Funds
- Collective Investment Funds
- Commodities Funds
- Reinsurance Funds
- Strategic Multi-asset Class Funds
- Separately Managed Accounts
- Captive Funds / Funds-of-One
- Funds of Funds
- Swaps & Derivatives
In recent years, our attorneys have worked on thousands of transactions of all types around the globe. As a result, we have extensive knowledge of current and trending key market terms and often assist clients not only with respect to pure legal terms, but also with market checks on commercial terms. In addition, because of our broad client base and focus on institutional investors, we are well-versed in relevant subject matters such as sovereign immunity, confidentiality and the Freedom of Information Act (and similar state public disclosure laws), limitations on the ability to indemnify, fund governance issues, placement agent issues, trust law matters, ERISA matters, and tax matters (e.g., UBTI, ECI and Section 892). We are deeply involved in the institutional investor community through our involvement in the Institutional Limited Partner Association, Alignment of Interest, National Public Pension Attorneys Association, Pension Real Estate Association, and other organizations.
Below is a list of some of the services we provide:
- Conduct client-specific due diligence reviews of onshore and offshore alternative investment offering memoranda, partnership agreements and other governing documents, subscription documents, investment management agreements and other related documents.
- Provide advice and counsel with respect to key market economic versus non-market economic terms (e.g., fees, waterfalls, clawback mechanics, limited partner givebacks, and performance periods in excess of one year for hedge funds).
- Provide advice and counsel with respect to risk allocation, governance and conflicts of interest issues, investor specific confidentiality issues (e.g., applicable state FOIA laws), liability issues, and other statutory (e.g., tax, securities, ERISA, etc.) and investment policy-related matters.
- Negotiate and draft changes to the alternative investments’ governing documents as well as side letter agreements.
- For captive funds and separately managed accounts, assist in structuring the investment and developing the fee models, as well as draft the core governing documents, including investment guidelines and customized management and performance fee arrangements.
- Draft and negotiate non-disclosure and purchase and sale agreements for secondary and co-investment transactions.
- Provide investor-friendly pre-closing transaction summaries and post-closing deal abstracts.
- Assist with most favored nations elections.
- Assist with the review and/or drafting of amendments.
- Provide advice and counsel with respect to general partner removals and fund term extensions.
- Provide advice and counsel with respect to securities law, tax and other related legal issues in connection with alternative investments.
Our team is extensively involved with organizations dedicated to the representation of investors in alternative assets, including the Institutional Limited Partners Association (ILPA), the American Bar Association’s Institutional Investor Subcommittee, and the National Association of Public Pension Plan Attorneys (NAPPA).
Jackson Walker Investment Funds and Investor Representation Attorneys and Consultants
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