Kutak Rock partners Ken Witt and Marc Lieberman recently authored an article, “Beware Co-Investments in Private Equity Fund Agreements,” for Law360. The article explores the increased popularity of and potential conflicts of interest involved in the use of co-investment vehicles by fund managers. 

Mr. Witt and Mr. Lieberman believe co-investment vehicles may incentivize fund managers to direct eligible investments away from the fund and may also dilute the management efforts of fund managers. They state that “putting some limits on compensation payable to the fund manager of a private equity of venture capital fund by co-investment vehicles is essential for aligning the interests of fund managers with those of the investors in these increasingly popular vehicles.”

Read the Law 360 article here.

An experienced corporate and securities attorney, Mr. Witt represents institutional clients, as well as energy and technology companies in institutional investments, public securities work, mergers and acquisitions and financing transactions.

As Chair of the Firm’s Institutional Investments Group, Mr. Lieberman’s practice focuses on the representation of institutional investors in connection with their alternative investments.