Private Equity, Hedge Fund & Venture Capital

Munsch Hardt attorneys practicing in this group are experienced in all aspects of fund formation through all phases of the formation and investment cycle including structuring the fund, federal and state investment company and investment adviser securities regulations, broker-dealer regulatory and compliance matters, partnership issues, compensation issues, and various tax matters. Our clients include hedge funds, private equity and venture funds, investment limited partnerships and individual investors. Transactions involve start-up and fund formation ventures, early stage capital investments, growth capital, asset acquisitions, management buyouts, corporate recapitalizations and debtor in possession (DIP) financings.

Munsch Hardt's attorneys represent general partners in the creation of private equity and hedge funds and clients considering an investment in private equity and hedge funds. Our attorneys have worked with a variety of funds including hedge funds, private equity funds, venture funds, pipeline partnerships, real estate funds and funds of funds. Our lawyers' broad experience enables our fund sponsor and investor clients to structure funds and investments creatively and efficiently to maximize fundraising flexibility and opportunities.

We have handled a wide range of private investment fund matters from the formation of billion dollar funds with global investors to the review and negotiation of fund terms for investors. When working with fund sponsors in establishing a private investment fund, we recognize it is vital to structure the participation so fund principals and other insiders are able to maximize their after tax returns and align their interests with fund objectives. In previous transactions, we have assisted the sponsor and its management team by creating investment programs and other tax-advantaged and estate planning investment structures.

Our venture capital attorneys regularly represent both issuers and investors in private capital raising transactions. Our issuer clients range from start-up entities seeking seed capital, to more mature entities obtaining post-Round A and bridge financings. Our investor clients include angels, venture capital funds and private equity funds. Services provided by our venture capital lawyers include those related to choice of entity for the issuer; negotiation and documentation of the securities to be issued; voting agreements, registration rights agreements and other stockholder agreements; and employment and non-competition agreements. In providing services to our clients, our lawyers frequently involve other attorneys from the Intellectual Property, Tax and Employment & Labor groups within the firm.

After a fund is closed, we typically continue representing its portfolio investments. Given the wide range of capabilities of our Bankruptcy and Corporate Finance groups, we are also able to work with or against funds that specialize in the acquisition of insolvent or soon to be insolvent companies.

• Representation of numerous companies in their receipt of venture funding.
• Representation of a venture capital company in its acquisition of a limited liability company interests in an Internet company and subsequent sale of its interests (as part of the 100 percent sale of the interests) to a strategic investor.
• Representation of a venture capital company in its investment in a fractional helicopter share ownership entity.
• Representation of a venture capital company in its Series E, F and G Preferred Stock financings of an Internet infrastructure company.
• Representation of a venture backed company in its recapitalization after receipt of over $200 million in venture funds.