Investment Funds

Latham & Watkins has one of the most active and highly regarded Investment Funds practices serving fund sponsors around the globe.

Why Latham

Latham regularly advises sponsors in the formation, structuring and negotiation of a wide variety of private investment vehicles, as well as on the full spectrum of securities, tax and regulatory issues typically associated with such transactions. These vehicles run the gamut from traditional “blind pool” private investment funds to single-investment special purpose co-investment vehicles and “pledge” or “club” funds. 

Key Practice Areas

The firm assists in the formation and ongoing operations of:

  • Debt funds (including mezzanine and distressed)
  • Emerging markets funds
  • Energy and infrastructure funds
  • Global/international funds
  • Leveraged buyout funds
  • Real estate funds
  • Venture capital funds
  • Other industry/sector funds

Latham’s Investment Funds Practice regularly represents a range of leading institutional investors (including large pension plans, sovereign wealth funds, funds of funds, university endowments and charitable organizations) in connection with their investments in private funds. Some of the largest and most active strategic and financial dealmakers, as well as private equity sponsors and their portfolio companies, come to Latham for advice in connection with all aspects of investment, including:

  • Initial acquisition of portfolio companies
  • Satisfaction of ancillary regulatory requirements
  • Spin-outs
  • Strategic and tax-efficient deal structuring and financing
  • Structuring and execution of exit transactions

In connection with a fund's investment and acquisition activity, Latham typically provides ongoing general representation of both the fund and its portfolio companies in all aspects of their operations, including accessing the public and/or private financial markets.  

As part of the firm’s comprehensive representation of fund sponsors, its lawyers advise clients on maintaining compliance with the increasingly complex regulatory regimes that apply to unregistered and registered investment funds and financial services firms in multiple jurisdictions. Latham also assists clients with a variety of regulatory and compliance needs, including:

  • Ongoing operations and compliance for registered investment advisers and exempt reporting advisers
  • Representing both regulated persons and exempt persons under the Investment Advisers Act of 1940 and the Investment Company Act of 1940 
  • Registration of investment advisers
  • US Securities and Exchange Commission (SEC) examinations and inspections

Awards & Rankings

 
  • Corporate Counsel and Business Leaders Rank Latham a “2015 Firm of the Year” - October 19, 2015
  • Firm Named Most "Innovative International Law Firm" in Diversity Awards - June 05, 2014
  • General Counsel Names Latham & Watkins a Top 5 Law Firm in Corporate Board Member / FTI Consulting Study - May 10, 2011
  • Transactional Practices Earn Top Rankings in The American Lawyer’s 2011 Corporate Scorecard - March 31, 2011
  • Asian-Counsel Names Latham & Watkins UAE “Firm of the Year” in Restructuring & Insolvency, Life Sciences and Tax - September 12, 2010
Latham's Investment Funds Practice represents the most active deal-makers on IPOs, tax-efficient deal-structuring, ancillary regulatory requirements, exit transactions, financing, and it assists in the formation of a variety of fund types.

Events

Private Fund Compliance Forum 2017 18th Annual International Conference on Private Investment Funds

Media Coverage

Tax MVP: Latham & Watkins' David RaabLatham Reps Transit Tech VC Firm In $100M Fund FormationReal Estate Joint Venture Waterfalls and Clawbacks: Variations and Complications

News

Latham Advises EIV Capital in $450 Million Midstream Energy Fund FormationFirm Advises Great Hill Partners in $1.5 Billion Growth Buyout Fund FormationLatham & Watkins Opens Office in Seoul

Thought Leadership

Marketing Non-US Private Equity Funds in the United StatesSEC Approves FINRA’s Capital Acquisition Broker RulesPrivate Equity Coinvestment