Hedge Fund Industry

Overview

"Baker & Hostetler LLP is ‘an A+ law firm where the lawyers are well prepared, professional, impressive and extremely capable’... Marc Powers...leads ‘a vibrant practice’ that is prominent among investment banks and hedge funds."

– Legal 500 United States 2015

With more than 25 years of experience representing and counseling investment managers and hedge funds, BakerHostetler has a deep understanding of the day-to-day challenges facing this industry and a breadth of capability across practice groups that is second to none.

We offer a full suite of integrated, value-added services, from fund formation and investment strategy to regulatory compliance and litigation, as only a national law firm can. Our clients range from hedge funds and family offices to fund of funds and to investment funds whose portfolios include consumer and commercial lending, distressed debt, derivatives, REITs and settlement payments and other commodities and alternative asset classes.

By virtue of our appointment as lead counsel to SIPA Trustee Irving Picard for the liquidation of Bernard L. Madoff Investment Securities LLC, we are uniquely positioned to protect the interests of hedge fund clients and service providers. We provide our clients with analysis of relevant industry customs and practices, including due diligence protocols. Using our vast experience in structured notes, swap agreements, derivatives and other exotic financial instruments. Working hand-in-hand with clients, BakerHostetler has what it takes to help them anticipate both business and legal issues as well as to avoid the potential traps of investment management and litigations.

Select Experience

  • Representing investment managers, family offices, and hedge funds both domestically and offshore. Across the spectrum of fund formation, we recognize that one size does not fit all. We identify and customize fund documents, corporate structure and tax planning to fit the diverse needs of our clients.
  • Serving as a trusted advisor and partner to clients throughout the lives of their investment funds. We understand the interplay among money managers, investors, administrators, custodians and other industry service providers. We advise and counsel our clients on their marketing materials, investment and operating strategies, management agreements, carried interest issues, hurdles, investor disputes and ultimately, their exit strategies.
  • Proactively support our clients with all their compliance and regulatory needs. We craft policies and procedures, create compliance and employee manuals, and advise on internal controls, regulatory filings, regulator examinations, and compliance with the Investment Advisers Act of 1940. We adroitly handle all forms of inquiry and investigation by the SEC and criminal prosecutors, including those arising from allegations of market abuses, fund valuation issues, the Foreign Corrupt Practices Act and insider trading, and we defend our clients in any subsequent proceedings. We also represent hedge funds before Congress and monitor governmental committees charged with supervising those funds.
  • Meeting the more traditional legal needs of our hedge fund clients. We seamlessly provide advice and counsel on data privacy and breach, employee benefits, employment law, tax, intellectual property and trade secrets. We also handle all forms of commercial, securities, and investor litigation and arbitration.
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Experience

  • Representing investment managers, family offices, and hedge funds both domestically and offshore. Across the spectrum of fund formation, we recognize that one size does not fit all. We identify and customize fund documents, corporate structure and tax planning to fit the diverse needs of our clients.
  • Serving as a trusted advisor and partner to clients throughout the lives of their investment funds. We understand the interplay among money managers, investors, administrators, custodians and other industry service providers. We advise and counsel our clients on their marketing materials, investment and operating strategies, management agreements, carried interest issues, hurdles, investor disputes and ultimately, their exit strategies.
  • Proactively support our clients with all their compliance and regulatory needs. We craft policies and procedures, create compliance and employee manuals, and advise on internal controls, regulatory filings, regulator examinations, and compliance with the Investment Advisers Act of 1940. We adroitly handle all forms of inquiry and investigation by the SEC and criminal prosecutors, including those arising from allegations of market abuses, fund valuation issues, the Foreign Corrupt Practices Act and insider trading, and we defend our clients in any subsequent proceedings. We also represent hedge funds before Congress and monitor governmental committees charged with supervising those funds.
  • Meeting the more traditional legal needs of our hedge fund clients. We seamlessly provide advice and counsel on data privacy and breach, employee benefits, employment law, tax, intellectual property and trade secrets. We also handle all forms of commercial, securities, and investor litigation and arbitration.

Recognition

  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)

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Memberships

BakerHostetler is a proud member and sponsor of the Managed Funds Association and its conferences. Our attorneys have also spoken at various industry conferences and present quarterly programs relevant to the industry.

Key Contacts