Main Practice Contacts

Tom D. Harris
+1 214.651.5630


Vicki L. Martin-Odette
+1 214.651.5674


Taylor H. Wilson
+1 214.651.5615


In the News

PERE Summit: Asia 2013 Features Haynes and Boone Partners

HONG KONG – Two Haynes and Boone, LLP partners served as speakers at the PERE Summit: Asia 2013, one of the leading real estate private equity conferences in Asia. >>

Heather Wyckoff Arrives at Haynes and Boone New York Investment Funds and Private Equity Practice Group

NEW YORKHeather Wyckoff, the former general counsel and chief operating officer of a New York investment adviser, has joined the Haynes and Boone, LLP Investment Funds and Private Equity Practice as part of a talent build-out focused on service to an array of private funds. >>

Haynes and Boone Partners Serve as Panelists for CLE Webinar

NEW YORK – Two New York Haynes and Boone, LLP partners have been named as panelists for the Strafford Continued Learning Education (CLE) live webinar, “Collateral Protection for Financial Assets: Current Legal Trends” on Tuesday, Dec. 4. >>

Seasoned Regulatory Partners Expand Haynes and Boone’s Financial Regulatory Practice

NEW YORK – Haynes and Boone, LLP has added two new lateral partners, Daren Domina and Madelyn Calabrese, to the firm’s Investment Funds and Private Equity Practice Group in New York. >>



Recent Publications

Top Ten Tips for Purchasing and Negotiating Representations and Warranty Insurance

In recent months, high profile M&A warranty claims and falling premiums have dramatically increased the utilization of "representations and warranty insurance" (RWI), also known as "warranty and indemnity insurance," in mergers, acquisitions and related transactions. >>

Investment Funds Not Liable for Portfolio Company’s Multiemployer Pension Plan Withdrawal Liability

A federal court recently held that two investment funds are not jointly and severally liable for a bankrupt portfolio company’s withdrawal liability to a multiemployer pension plan disagreeing with a 2007 opinion by the Appeals Board of the Pension Benefit Guaranty Corporation (the “PBGC”). >>





Investment Funds and Private Equity

Our Investment Funds and Private Equity Practice Group provides assistance with the formation and on-going operation of investment funds engaging in a broad spectrum of investment activities from general investment in listed stocks to targeted acquisitions in a wide variety of industries, including in technology, energy, and real property, businesses or investments. We represent both domestic and offshore primary investment vehicles and funds of funds, and serve as lead outside counsel to numerous investment funds who combined have tens of billions of dollars in assets under management. Our representation of investment fund clients is both innovative and efficient.

Multi-Disciplinary Approach

Our Investment Funds and Private Equity practice group has assembled a team of lawyers and legal professionals with diverse, but complementary, experience, so that we may provide assistance in all matters affecting our investment fund clients and their businesses. Our lawyers have knowledge in corporate-securities, partnership, tax, ERISA, international, venture capital, employment, finance, and litigation issues that affect all types of investment funds. This multi-disciplinary approach affords our clients efficient access to lawyers possessing the depth of experience necessary to address any need they may have, while creating a team of professionals particularly suited to providing the creativity and flexibility necessary to guide those clients through the rapidly evolving legal and regulatory landscape.

Services

Our Investment Funds and Private Equity Practice Group provides assistance to investment funds and their sponsors, with respect to all aspects of fund structuring, formation and operations throughout the life of a fund, including the following:

Fund Organization

  • Preparation of Private Offering Documentation
  • Assistance with Structuring Multiple Entities (Including Use of Master/Feeder and Parallel Fund Structures) to Minimize Taxation on Investors
  • Use of Various Domestic and Offshore Entities, Including Limited Partnerships, Limited Liability Companies and Corporations
  • Advising on Structuring and Compensation Issues for Fund Sponsors, Managers and Staff
  • Tax, ERISA and Securities Law Considerations and Specialized Investor Concerns
  • Development of Fund Terms and Investment and Distribution Policies
  • Investor Negotiations and Relations
  • International Fundraising and Investment
  • Establishment of Privacy Policies
  • Formation of Advisory Committees

Fund Management and Compliance

  • Formation and Registration of Investment Manager Entities
  • Advising on General Securities Law Matters
  • Advising on the Dodd-Frank Act and Current Rulemaking Initiatives
  • Preparation and Filing of Forms 13F
  • Advising on Investment Company Act of 1940 issues
  • Advising on Investment Advisers Act of 1940 issues
  • Compliance with Applicable Commodities Laws

Investment Management

  • Preparation of Investment Management and Deferred Fee Agreements
  • Early Stage Portfolio Company Development
  • Review of Securities Offering and Proxy Materials of Portfolio Companies
  • Preparation and Filing of Forms 13D/G
  • Compliance with Section 16
  • Compliance with Antitrust Laws
  • Assistance with Proxy Solicitations and Attendance at Shareholder Meetings of Portfolio Companies
  • Review of Derivative Instruments and Other Hedging Instruments
  • Tax Strategies for Portfolio Investments

Fund Investment

  • Review of Target Company Offering Materials
  • Negotiation of Organizational Documents and Side Agreements