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 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.
The Australian Federal Government (the Government) has just released its budget for 2024-2025.
Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US courts may address the privacy, consumer safety, and intellectual property protection concerns that have been raised by this new, and inherently evolving, technology.