Private Equity: Global Advisory
Our global advisory team provides regulatory, global distribution, and investment management advice to startup and established fund sponsors across the entire private fund lifecycle, including fund formation, regulatory compliance, government enforcement, global distribution, trading, and the ongoing operations of funds and their sponsors.
Regulatory Compliance
We help fund sponsors understand and satisfy filing, registration, and compliance obligations in U.S. and non-U.S. jurisdictions. In addition to standard regulatory compliance matters for U.S. investment advisers and broker-dealers, we consult on deals that involve the acquisition of globally regulated financial services companies, and how best to structure transactions in light of applicable regulations. We are often called on to help clients navigate the conflicts of interest faced by diversified, global financial services organizations and introduced by multi-party deal structures.
Global Distribution
Fund sponsors regularly seek our assistance when assessing whether and how to market the performance of funds and their managers, including performance of investment professionals at prior firms. We also have significant experience providing comprehensive advice on overlapping marketing rules (private offerings, RIA advertising, BD sales, and non-U.S. regulations), an area of frequent frustration for fund managers.
Management and Operations
Drawing on decades of experience representing diverse investment managers, we provide practical, actionable advice to fund sponsors on management issues that arise outside the fundraising and deal making process. We have a deep understanding of trading and execution, derivatives, performance reporting, portfolio manager liftouts, and nearly every issue that can arise in the entire lifecycle of a private fund manager.
On 30 January 2024, the US Citizenship and Immigration Services (USCIS) published a final rule (Final Rule) increasing the premium processing fee from US$2,500 to US$2,805, increasing filing fees for I-129 and I-140 employment-based petitions, and imposing a new Asylum Program Fee for each Form I-129 and I-140 filed by employers.
On 3 April 2024, the US Securities and Exchange Commission announced the first settlement with a stand-alone registered investment adviser for, among other things, failures to maintain and preserve certain electronic communications.
On 22 December 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments (the final rule) to Rule 206(4)-1 under the Investment Advisers Act of 1940 (the Advisers Act) to modernize the regulation of investment adviser advertising and solicitation practices.
On 7 March 2024, the Illinois Pollution Control Board proposed amendments to its Ground Water Quality regulations, which would set standards for selected per- and polyfluoroalkyl substances compounds at or near their levels of detection and would result in some of the most stringent standards in the country.