Herrick maintains a full-service private investment funds practice, providing fund formation services, regulatory advice and the full suite of legal services required to support a broad range of investment platforms, including emerging, small and mid-sized hedge funds; private equity, real estate, art and venture capital funds.

A Recognized Name in the Investment Community

We have launched numerous funds, and are a recognized name among institutional investors, family offices and fund service providers. We routinely represent funds and institutional investors in seed or anchor investments, and family offices in connection with their investment platforms. We also frequently host family office seminars and networking events as well as capital introduction events. As a result, we have a superior understanding of investor pressure points in today's fund raising environment.

A Compelling Value Proposition

We've leveraged our experience launching hundreds of funds to create a streamlined and cost-efficient fund formation process that produces user-friendly documentation, with the high level of quality expected from today's investment community. We take an active role in structuring fund and investment vehicles to fit our clients' business models, and routinely tackle unique asset portfolios and complicated tax issues.

A Single Source for Legal Services

Our work is supported by a complement of tax, ERISA and regulatory lawyers available to tackle the most complicated structural issues in a practical and timely manner. Our interdisciplinary approach also leverages our transactional expertise in areas such as CLOs, financings, buyouts and derivative transactions. In addition, we actively monitor regulatory and tax developments that affect your business, and maintain a network of relationships with service providers that provides a robust information pipeline with up-to-date intelligence on best practices and trends. As a result, many of our fund clients benefit from a highly efficient suite of legal services, including:

Management Company Issues:

  • Ongoing regulatory reporting and compliance advice
  • Cybersecurity, data privacy and other data security matters
  • Review of marketing materials
  • Placement agency and broker-dealer issues
  • Human resources and personnel matters
  • Employee compensation structures and profit sharing plans
  • Enterprise tax concerns, as well as personal planning and succession matters
  • IT, software and other third-party vendor arrangements
  • Risk assessment, D&O and other insurance

Fund Related Issues:

  • Fund formation of open-ended funds, closed-ended funds, managed accounts and funds-of-one
  • Distressed investors in bankruptcy, restructuring and financial litigation matters
  • Real estate funds
  • Seed investor, joint venture and co-investor transactions
  • SEC and Blue Sky registration
  • CTA, CPO and CFTC registration/exemption
  • Valuation and allocation questions
  • Prime broker, broker-dealer and related matters
  • Portfolio company advisory and transactional mattersSecurities enforcement and litigation
  • White collar defense and government investigations