Fund Formation

We represent a broad range of alternative asset management firms in the formation and operation of their private equity and other private investment funds. Our lawyers have formed a number of private investment funds, including private equity funds, venture capital funds, real estate funds, mezzanine debt funds, debt funds and hedge funds. We have significant experience in structuring the portfolio investments of private equity funds and real estate funds, and we advise private investment funds with respect to formation issues and efficient tax structuring. We also counsel clients on Investment Advisers Act compliance issues. Our experience includes working with foreign entities on fund creation for US investments, as well as formation of funds specializing in life sciences and technology investing. 

One of our partners was the former general counsel of Gores Small Capitalization Partners ("GSC"). In that role, he was deeply involved in transaction execution, compliance, and fund administration, covering issues ranging from financial reporting to internal compensation matters.  Gores Capital Partners III invested alongside Gores Small Cap in each transaction, resulting in approximately 150 LPs.  The LPs were a mix of family offices, both United States and international, sovereign wealth funds, public and private pension funds, university funds, other ERISA-governed investment vehicles, and nonprofit foundations. GSC made platform investments across the United States, Canada and Western Europe. 

We have a full service fund formation team that seamlessly pivots to M&A and investment activities. 

  • Currently represent a Southern California-based private equity fund on the tax, fund formation, and corporate aspects of their portfolio companies, while bringing on additional investment from new LPs and making several platform acquistions
  • Advised Draper Goren Holm in the creation of its blockchain fund
  • Represented limited partners in the creation of $30 million fund for early stage life sciences and technology companies in Southern California
  • Represented the Orange County Employee Retirement System (OCERS) in negotiating more than 20 fund investments (including private equity, real estate and other programs) as a substantial investor
  • Formed a $50 million fund for regional investment banking firm
  • Formed numerous limited partnership and limited liability company entities for real estate investments, ranging from syndicated offerings with multiple investors, to single investor development funds
  • Represented a private equity group in the formation of several investment funds in Santa Barbara
  • Formed several substantial private equity funds for successful local entrepreneurs
  • Formed specialty funds for assertive licensing and technology acquisition
  • Assisted in forming a hedge fund for a money manager group

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