Our firm has significant experience representing Domestic and Offshore hedge funds in both their organization as well as the day to day operations of such funds. When establishing offshore funds, we coordinate with local counsel, typically with whom we have a longstanding relationship.

Domestic Funds

We provide the following services in connection with the formation and operation of domestic hedge funds:

• Assist hedge funds in describing investment objectives and defining risks associated with those objectives
• Prepare Private Offering Memorandum, Limited Partnership Agreement and Subscription Documentation for hedge funds
• Prepare hedge fund Investment Advisory Contract; Custody Agreement and/or prime broker arrangements with broker-dealer
• Marketing a hedge fund in compliance with regulation D (general advertising and solicitation issues);
• Prepare SEC Form D and blue sky filings on an ongoing basis for hedge funds
• Structuring hedge fund to be tax-efficient to the general partner and key personnel;
• Assist hedge fund managers with SEC registration
• Advise regarding state and federal laws affecting hedge funds including broker-dealer regulations, ERISA, the Commodity Exchange Act, tax matters, the Investment Advisers Act of 1940 and the Investment Company Act of 1940.
• Assist in establishing relationships with hedge fund administrators, accountants, custodians, prime brokers and other service providers

We can provide the following services to our clients on an ongoing basis:

• Prepare investor correspondence on behalf of hedge funds
• Provide updates on events, new laws and regulations that impact hedge fund formation and operations
• Advise regarding SEC, CFTC and tax matters affecting hedge funds
• Advise regarding hedge fund investor qualifications
• Ensure compliance for hedge funds with state blue sky laws
• Ensure compliance with NASD rules for hedge funds affiliated with a broker dealer
• Represent hedge funds and hedge fund managers in arbitrations and investigations, including SEC, NASD and stock exchange matters.

In addition, we have advised clients on the following issues:

• Marketing a hedge fund, including marketing on the internet, without violating the prohibition on general solicitation and advertising
• Compensating third party marketers and brokers who assist in raising capital for a hedge fund
• Using soft dollars to pay for services utilized by a hedge fund
• Compiling a track record based on past performance of managed accounts that is AIMR and SEC compliant
• Operating a hedge fund that is affiliated with a broker/dealer
• Publishing an investment newsletter and operating a hedge fund
• Best execution issues that arise with multiple hedge funds and/or separate managed accounts
• Trading hot issues if some investors fall into the "restricted persons" category
• Establishing an offshore hedge fund "feeder vehicle," taxable as a corporation for U.S. federal income tax purposes, for investment by certain categories of investors (such as tax exempt or non-U.S. investors)
• Structuring hedge fund management and performance fees to ensure compliance with regulatory requirements, including the Investment Advisers Act of 1940 and ERISA regulations
• Complying with ERISA regulations including the 25% Plan Asset Limit