Private Investment Funds

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Kutak Rock’s Private Investment Funds Group provides expertise to public and private venture capital funds, private equity funds, SBICs, real estate partnerships, private investment companies and specialized investment funds that have a wide variety of investment focuses and styles. The Private Investment Funds Group provides these clients with legal counsel on all aspects of fund creation and administration, including developing fund and management structures, conducting public and private offering of fund securities, negotiating terms of fund investments and preparing the legal documents for those investments, assisting fund clients with their due diligence investigations of investment targets, ongoing enforcement and administration of fund investments and structuring exit transactions. We also provide legal guidance to our investment fund clients regarding applicable tax matters and issues arising under the Investment Company Act of 1940, the Investment Advisors Act of 1940 and state investment advisor regulations and ERISA plan asset rules.

Lawyers in the Private Investment Funds Group also represent companies seeking private equity capital through the issuance of common or preferred securities, convertible debt, mezzanine debt or other structures. Even though private equity investments often involve early-stage companies, the successful completion of these investments often requires careful consideration of a variety of legal and regulatory matters affecting the investment such as protection of intellectual property, labor and ERISA matters, federal, state and local tax issues, product liability, real estate, environmental law and health care law.

The Private Investment Group provides representation for debtors and creditors (both secured and unsecured) in workout and bankruptcy situations. We have extensive experience in complex restructuring, creditor’s rights and bankruptcy matters, including extensive litigation when necessary.

The lawyers in our Private Investment Funds Group are able to draw on the broad expertise of Kutak Rock lawyers throughout the country in order to fully meet our clients' needs with respect to all areas of law relating to their transaction.