The attorneys in Bryan Cave's Private Funds practice have substantial experience advising sponsors on the formation and operation of U.S., European, Asian, and offshore hedge, private equity, real estate and venture capital funds, other pooled investment vehicles, and “fund-like” special purpose vehicles. Our team assists funds, fund advisers and sponsors, and institutional investors with interrelated business and legal issues, including:

  • Fund structuring, planning and establishment formation including U.S., European, Asian, and other international tax-driven matters
  • Preparing a full, tailored suite of integrated documents, including offering materials, partnership/LLC agreements and subscription documents
  • Advising on current market terms, best practices and fund jurisdictions
  • Designing and implementing fund management and adviser agreements
  • Representing institutional investors in alternative investment activities
  • Negotiating with third-party service providers, including prime brokers and fund administrators
  • Addressing and providing regulatory compliance, including CFTC registrations and exemptions,  broker-dealer licensing, AIFMD, FCA compliance and complex multi-jurisdictional matters.
  • Assisting with investment adviser registration and ongoing compliance
  • Capital raising and marketing across the U.S., Europe and elsewhere
  • Counseling on operational matters, including side letter/key investor negotiations and performance reporting

Client Investment Strategies and Asset Classes

We emphasize tailoring solutions for specific fund formation needs. Our fund clients invest in a wide array of industry sectors and asset classes using a variety of strategies.

Investment Strategies

  • Private equity majority investments/LBOs
  • Real estate investments including hospitality, multifamily, commercial, office building and mixed-use
  • Venture capital investments spanning seed to later-stage minority investments
  • Energy, natural resources and precious metal
  • Traditional hedge fund long/short public equities, debt, options and other derivatives, commodities, stock funds and activist investments
  • Funds of funds
  • Event driven and activist investments
  • Peer-to-peer lending
  • Structured products
  • Quantitative methods/proprietary models
  • Venture debt

Industry Sectors

  • Technology and telecommunications
  • Life sciences
  • Social media and digital marketing
  • Energy, natural resources and precious metals
  • Clean tech
  • Real estate and hospitality
  • Banking and financial institutions
  • Healthcare
  • Manufacturing and distribution

Fund Structure, Operations and Regulatory Compliance

Our team advises on fund structuring and planning, best practices, regulatory compliance relating to fund formation and capital raising, and preparing fund documents. Our work extends to manager and adviser compensation, distribution waterfalls and allocations, ERISA and other tax matters. We also advise clients on federal and state regulations impacting fund operations, including investment adviser registration and ongoing compliance and marketing of fund interests.