Overview

We believe that the legal advice and approaches that are appropriate for investment advisers managing private fund vehicles and separate accounts are very different from that required by mutual fund families and their management companies. Our Hedge Funds Practice focuses exclusively on such investment advisers and private investment funds, tailoring our advice to their unique needs.
Our attorneys have broad experience working with clients following diverse investment strategies, representing clients in both the U.S and from abroad who may select stocks, debts instruments, derivatives or other investment classes based on fundamental analysis, quantitative analysis or using other criteria such as social screens or technical factors.
Foley Hoag also has significant experience advising non-U.S. investment managers on U.S. regulatory issues, tax matters and the marketing of private funds in the U.S.
Our attorneys have organized numerous investment funds, both in the United States and offshore, to act as commingled investment vehicles for our clients’ investors. These funds operate at the intersection of numerous laws and regulations, including the Investment Advisers Act of 1940, the exemption provisions of the Investment Company Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, state laws and the Commodity Exchange Act.

We add value to your organization with an approach that includes:

Template documents that serve as a cost-effective business springboard for smaller or start-up funds.

  • Detailed structural advice to help larger or more mature funds and fund groups achieve optimal structures and tax efficiencies.
  • A worldwide network of professionals – including some of the best known and most accomplished specialists- at offshore legal firms, at Big Four and smaller accounting firms, at fund administrators and at prime brokerage firms. We have strong relationships with top offshore law firms in jurisdictions such as the Cayman Islands and the British Virgin Islands.
  • Practical and creative assistance in structuring and preparing legal documentation for management companies of private fund groups and internal relationships of advisory professionals. We help principals achieve their business goals and optimize their tax position. 
  • Significant experience representing clients in negotiating seed deals for their funds and management companies.
  • Strong M&A capabilities when it comes time to sell your management companies or engage in other management liquidity events.
  • Experience in registering clients with the SEC, in Massachusetts and with the CFTC, and template compliance policies and procedures.
  • Experience in negotiating ISDAs Agreements.