Thomas M. Devaney


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Experience & Credentials

Practice Areas

  • Corporate
  • Capital Markets
  • Private Wealth Services
  • Private Equity
University State University of New York at Albany, B.A., 1995
Law SchoolSaint John's University School of Law, J.D., 1998 Articles and Note Editor, The American Bankruptcy Institute Law Review
Admitted1999, New York; 2000, California

Mr. Thomas Devaney is a partner in the Corporate Practice Group in the firm's New York office.

Areas of Practice

Mr. Devaney primarily counsels sponsors and the management teams of private funds with respect to transactional matters and U.S. securities laws and regulations related to the formation of private funds, fundraising and investor subscriptions, and fund administration and operations, generally. Tom represents U.S. domestic and global real estate funds, infrastructure funds, debt funds, private equity and venture capital funds, and hedge funds with a broad range of investment strategies. Tom's practice draws upon his expertise in U.S. securities laws, including the Securities Act of 1933, the Investment Advisers Act of 1940 and the Investment Company Act of 1940, as well as relevant portions of the Securities Exchange Act of 1934, the Commodity Exchange Act and ERISA.

With more than 15 years of experience in private practice, Tom has considerable experience negotiating seed and anchor investor arrangements, investor side letters and JV arrangements for jointly managed fund platforms. Tom also has significant experience representing firms and/or individual team members at times of hiring and departure (voluntary and involuntary), including matters leading to litigation.

In addition, Tom has counseled numerous fund advisors (ranging from large institutions to small, closely-held firms, and based domestically and internationally) on their registration as an investment adviser with the SEC and has advised on the design and implementation of compliance programs for a range of strategies, including long/short and fixed income hedge funds, and private real estate, infrastructure and private equity funds. In connection with his role as outside regulatory counsel, Tom has advised fund managers in connection with routine SEC audits, SEC investigations and enforcement and civil actions.

Tom advises clients on private securities offerings, including cross-border investment and strategic financing transactions, and has counseled clients on the formation, organization and operation of domestic limited partnerships, limited liability companies and corporations, and a range of offshore entities (including Cayman Islands, BVI, Luxembourg, Singapore, Hong Kong, Chinese, Canadian and Mauritius). Tom is familiar with a range of U.S. and foreign tax and regulatory issues applicable to pooled investment vehicles, with a particular focus on investing in China and the EU, including AIFMD. Tom frequently structures, forms and advises on operational aspects of privately held-REITs for real estate fund sponsors and structuring U.S. real asset investment structures for non-U.S. investors that are subject to Foreign Investment Real Property Tax Act (FIRPTA) withholding in the U.S.

In addition to his funds practice, Tom has also represented a number of closely-held, venture start-ups through various stages of their life cycles, as well as served as fund and investment counsel to several well-known venture capital funds.


Judicial intern in the chambers of the Honorable Joseph M. McLaughlin, U.S. Court of Appeals, Second Circuit


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Compliance Officers’ Liability
Thomas M. Devaney,Jung Yeon Son, October 10, 2014
Andrew Ceresney, the Director of the Division of Enforcement of the SEC, assured compliance officers that compliance officers would not be exposed to liability when compliance officers engage and remediate problems at investment management firms in a speech given in May 2014. Mr. Ceresney...

SEC Brings Charges Against SEC Registered Investment Adviser for Improperly Allocating Expenses and Other Violations of the Investment Advisers Act of 1940 (the “Advisers Act”)
Thomas M. Devaney,Lauren Lewis,Jung Yeon Son, March 27, 2014
On February 25, 2014 the Securities and Exchange Commission (the “SEC”) filed public administrative and cease-and-desist proceedings against Arizona-based Clean Energy Capital, LLC (a registered investment adviser, “CEC”) and its founder and Chief Executive Officer Scott...

2014 Compliance Checklist for Investment Advisers
Thomas M. Devaney,Jung Yeon Son, March 3, 2014
For those of you still easing into 2014, we thought that now would be a good time to help you plot out your regulatory and internal compliance schedules for the upcoming calendar year.
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Office Information

Thomas M. Devaney

New YorkNY 10112


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