Overview

Foley Hoag’s venture capital fund practice provides practical, tailored advice to private equity managers of all sizes, from emerging managers raising their first funds to established managers with billions under management, following buyout, private debt, real asset, fund of funds, and other strategies.

Our private equity funds attorneys help fund sponsors efficiently navigate through the fund formation process, including fundamental structuring determinations, the private placement of fund interests, drafting disclosure, subscription documentation, and fund agreements, negotiating side letters, and satisfying regulatory exemptions under the Investment Company Act, Investment Advisors Act, ERISA, Commodities Exchange Act, CFIUS, and others. Our complementary active investor-side practice reviewing private fund documentation for institutional investors and managers of managers provides us with deep market intelligence and insights into investor concerns.

In addition to formation work, we advise fund sponsors on all other aspects of their businesses, including structuring manager and general partner vehicles, seed financings, carried interest and other compensation, employment, governance, succession, placement agreements, subscription credit facilities, and regulatory and compliance matters, including SEC examinations. We also have significant experience advising non-U.S. fund managers on U.S. regulatory and tax issues, and the marketing of private funds in the U.S.