Phillips Nizer’s Fund Formation & Investment Management Practice Group represents a broad range of funds, fund managers and investors in connection with onshore and offshore funds, including hedge funds, real estate funds, commodity pools, venture capital funds, private equity funds, and specific focus funds. We have worked with private investment funds that utilize a broad range of strategies as part of their investment programs including: long/short equity, private investments in public equity (“PIPEs”), special purpose acquisition companies (“SPACs”), reverse mergers, distressed debt, event driven, real estate, bridge financing, asset-based lending and shareholder activists strategies. Our corporate attorneys work closely with those lawyers in the firm who focus their practice in securities, tax, partnership, employment, ERISA, and real estate law, as well as offshore law firms, in order to make certain that these funds are structured properly to obtain the business, tax and investment goals of their principals and investors. Our attorneys have represented funds ranging in size from “friends and family” start-ups to mature multi-billion dollar funds. Overall, our practice group seeks to provide comprehensive, cost-effective solutions to our clients, both domestically and globally.
We counsel clients on the structure, formation, and operation of domestic and offshore fund entities with respect to corporate, tax and regulatory concerns, taking into account the size, nature and jurisdiction of the fund and the type of investors the fund is targeting. We are well versed in the ever-changing regulatory scheme that impacts private investment funds under the Securities Act of 1933, the Securities Exchange Act of 1934, the Commodity Exchange Act; the Investment Advisers Act of 1940, the Investment Company Act of 1940, and state securities laws. Our services include the preparation or review of fund formation and offering documentation, including:
For the fund manager, we provide representation with respect to registration as a commodity pool operator and commodity trading advisor under the Commodity Exchange Act, and registration as an investment adviser under the Investment Advisers Act of 1940 and at the state level. We also structure employment, compensation and benefit arrangements for fund principals and employees, with a long-term view as to the problems that can arise over the life of the relationship between fund principals and/or their employees. Lastly, we provide representation in connection with leasing and other real estate issues a fund or fund manager encounters in setting up its office.
Transactional Matters and Ongoing Operations
In addition to fund formation, we handle a wide variety of transactional matters related to the ongoing operational activities of funds and/or fund managers:
Investment Adviser Matters
Representation of investment adviser firms involves all aspects of federal and state registration and compliance matters, negotiation and/or review of investment management agreements, custodial agreements, policies and procedures manuals and other general corporate matters. We will work with compliance consultants to help implement a cost-effective strategy, with an eye towards scalable compliance solutions.
5.0/5.0 by a General Counsel on 12/12/11
David's inherent curious nature, incredible work ethic and personal integrity combine to make him an exceptional lawyer. Read more
David's inherent curious nature, incredible work ethic and personal integrity combine to make him an exceptional lawyer.
5.0/5.0 by a Partner on 09/10/09
5.0/5.0 by a Private Practice Lawyer on 05/05/10
4.8/5.0 on 03/10/10
Excellent work ethic, great knowledge and helped push through a legal matter quickly. Read more
Excellent work ethic, great knowledge and helped push through a legal matter quickly.
5.0/5.0 on 09/30/11
They handled our class action litigation for over 27 years and successfully brought about a fair settlement for ourselves and the other litigants. Our case outlasted many... Read more
At Phillips Nizer LLP, we value the diverse and unique perspectives, experiences, backgrounds and characteristics of each person in our firm, including his or her race, ethnicity, national origin, religion, culture, age, gender and sexual orientation, and we are committed to policies that extend equal opportunities to all. We recognize that diversity promotes justice and is an important element in our professional growth.
Our guiding principle, the resourceful representation of our clients, is enhanced by an atmosphere of inclusion. We best serve the wide range and values of our clients and fulfill our professional obligations by supporting and strengthening our commitment to diversity.
Our Diversity Committee reviews our existing policies and practices (including recruitment, promotions, training, seminars, continuing legal education and pro bono opportunities) and identifies and explores new and different means of ensuring that they are consistent with and advance our diversity goals. Our Diversity Committee includes members of our Executive Committee and other respected professionals of various backgrounds who are dedicated to our objectives.