Investment Funds
Overview
The formation and management of investment funds involves significant business and legal challenges. Fund managers must compete to attract and retain client capital while staying up-to-date on the latest laws, regulations, and industry best practices in an ever-evolving marketplace of investment strategies and asset classes. We know that speed counts in this market, and our investment funds practice provides our clients with a competitive edge by providing prompt, sophisticated, and practical advice tailored to our clients’ diverse needs.
Services
- Advising on open and closed-end fund formation and structuring matters across liquid and illiquid asset classes.
- Structuring onshore and offshore funds, both registered and private, as well as other pooled investment vehicles across all investment strategies and asset classes.
- Drafting registration statements, prospectuses, fund offering materials, partnership agreements, operating agreements, private placement memorandum, letters of intent and term sheets, investment management agreements, subscription documents, side letters, risk and conflict disclosures, service provider agreements, and various federal and state filings.
- Advising investment fund clients and institutional investors throughout the entire fund management life cycle, including:
- Organizational and ownership matters,
- Firm and fund governance matters, including limited partner advisory committees and boards, and
- Employment matters, including compensation and profit-sharing arrangements, employment agreements and employee separation matters, and succession planning.
- Advising fund managers and institutional investors on legal, compliance, and operational matters. We appreciate fund and management company dynamics and operations, and understand the impact of front-, middle-, and back-office operations.
- Working with our colleagues in Financial Services and other practices to provide our clients with tailored solutions on a variety of legal issues, including:
- Financing arrangements,
- Credit analysis and trading support,
- Regulatory examinations and enforcement,
- Privacy, cybersecurity, and data protection,
- Anti-corruption,
- Anti-money laundering,
- Economic sanctions, and
- Public policy matters.
- Advising investment fund clients and institutional investors throughout the entire fund management life cycle, including:
- Drafting and reviewing compliance policies and procedures.
- Advising fund managers on insider trading issues and the handling of material non-public information.
- Advising our investment fund and institutional clients on operational due diligence and general partner, limited partner negotiations.
- Representing investment fund clients in regulatory examination and enforcement matters. Crowell has a deep bench of investigation, enforcement and white-collar attorneys, including many former federal prosecutors and SEC attorneys. We routinely help fund managers navigate SEC and NFA examination and enforcement matters.
- Advising fund managers on restructurings, recapitalizations, fund wind-downs, and secondary transactions.
- Representing buyers and sellers of asset management businesses.
- Advising on seeding and anchoring arrangements, team spinouts and lift-outs, and other joint venture and strategic partnerships.
Contacts
Insights
Client Alert | 3 min read | 10.11.24
On September 30, 2024, the SEC announced the settlement of an enforcement action against Marathon Asset Management, L.P. (Marathon) for failing to implement proper policies and procedures to prevent the misuse of material nonpublic information (MNPI). The issue stemmed from Marathon’s participation in ad hoc creditors’ committees, where the firm inadvertently received MNPI through its consultants and advisers. This enforcement action highlights the SEC’s intense focus on the participation by investors in ad hoc creditors’ committees and the importance of implementing robust MNPI controls when doing so.
Speaking Engagement | 10.10.24
Webinar | 10.10.24 - 11.14.24
Firm News | 3 min read | 10.08.24
Corporate Partner Arinze Ike Joins Crowell & Moring’s New York Office
Insights
Professionals
Insights
Client Alert | 3 min read | 10.11.24
On September 30, 2024, the SEC announced the settlement of an enforcement action against Marathon Asset Management, L.P. (Marathon) for failing to implement proper policies and procedures to prevent the misuse of material nonpublic information (MNPI). The issue stemmed from Marathon’s participation in ad hoc creditors’ committees, where the firm inadvertently received MNPI through its consultants and advisers. This enforcement action highlights the SEC’s intense focus on the participation by investors in ad hoc creditors’ committees and the importance of implementing robust MNPI controls when doing so.
Speaking Engagement | 10.10.24
Webinar | 10.10.24 - 11.14.24
Firm News | 3 min read | 10.08.24
Corporate Partner Arinze Ike Joins Crowell & Moring’s New York Office
Practices
- Financial Services
- Bankruptcy, Restructuring and Insolvency
- Derivatives
- Digital Assets and Payments
- Distressed Debt and Claims Trading
- Finance and Transactions
- Financial Services Litigation and Disputes
- Financial Services Regulatory and Enforcement
- Litigation Finance
- Securities Fraud and Financial Investigations
Contacts
Insights
Client Alert | 3 min read | 10.11.24
On September 30, 2024, the SEC announced the settlement of an enforcement action against Marathon Asset Management, L.P. (Marathon) for failing to implement proper policies and procedures to prevent the misuse of material nonpublic information (MNPI). The issue stemmed from Marathon’s participation in ad hoc creditors’ committees, where the firm inadvertently received MNPI through its consultants and advisers. This enforcement action highlights the SEC’s intense focus on the participation by investors in ad hoc creditors’ committees and the importance of implementing robust MNPI controls when doing so.
Speaking Engagement | 10.10.24
Webinar | 10.10.24 - 11.14.24
Firm News | 3 min read | 10.08.24
Corporate Partner Arinze Ike Joins Crowell & Moring’s New York Office