Practice/Industry Group Overview
The Investment Management practice of Husch Blackwell focuses on providing efficient, expert and economical counsel to clients in all aspects of their investment management businesses. Our clients include open-end and closed-end investment companies and their service providers, independent directors, investment advisers, broker-dealers, banks, trust companies, third-party administrators and private investment and venture funds.
Our private investment fund practice clients include hedge funds, private equity funds, venture capital funds, angel funds, mezzanine funds, real estate managed futures funds, fund of funds, and pension funds as well as endowments, foundations, family offices and institutional and individual investors. Our attorneys also have experience organizing and advising specialized funds in various sectors, such as distressed asset, energy, technology and healthcare.
Our approach to providing investment management legal advice emphasizes the importance of understanding our client’s business, as well as the laws affecting the business. The background of the attorneys in the Investment Management practice enhances this ability.
In providing counsel to investment management clients, our attorneys address the application of federal and state securities laws and regulations, interpretations and other guidance from the SEC, the rules, regulations and interpretations of self-regulatory organizations (SROs), ERISA, the rules and regulations of the Commodity Futures Trading Commission (CFTC), trust company statutory and case law, and federal and state tax laws.
Our knowledge of investment and partnership structures, customs and practices of the professional investment community, from seed capital through growth rounds and mezzanine investments to workouts, restructurings and liquidity events, allows us to structure fund objectives, management guidelines and partnership commitments satisfactory to investors and regulators. We provide solutions to organizational, governance, reporting, tax, securities, intellectual property and benefits challenges that may arise during the course of fund organization, fundraising and operations. Our Investment Management practice advises clients on issues relevant to all types of private investment funds, including angel investment funds, venture funds including small business investment company (SBIC) funds, mezzanine funds, private equity funds including real estate funds, hedge funds, managed futures, and leveraged buyout and management buyout funds. We also provide counsel in structuring, licensing and operating of SBIC programs.
Our attorneys provide counsel on day-to-day operational matters, including regulatory filings and compliance-related issues, and they provide advice on more complex matters such as:
- Fund acquisitions and product consolidations
- Fund formation and registration with the SEC
- Preparing and assisting with responses to regulatory investigations and formal proceedings
- Representing mutual fund companies with ongoing compliance and operational matters
- Representing mutual fund independent directors
- Counseling closed-end investment companies on NYSE and Nasdaq regulatory matters
- Representing mutual funds in Section 36(b) related litigation
- Forming and registering investment advisers and broker dealers, and assisting investment advisers with changing between federal and state registration
- Assisting in the design of compliance programs for investment advisers and investment companies
- Structuring entities and transactions to avoid regulation and registration under the Investment Company Act of 1940
- Counseling investment advisers on the legal issues impacting pension plan accounts, wrap fee programs, and other managed account programs
- Structuring, negotiating the terms of financings for, and providing ongoing advice to business development companies
- Structuring, providing tax analysis and planning for, and documenting investments made by private equity funds, venture capital funds, offshore funds and other private investment funds
- Structuring and maintaining relationships between funds and their limited partners/investors, advisory boards, committees, general partners, operating and finance principals and employees, special limited partners, sponsors and service providers
- Forming and counseling real estate investment trusts to serve as conduits to make real estate investments in the United States
- Utilizing master-feeder, onshore-offshore, parallel/side-by-side, and umbrella fund structures in the United States and abroad