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Private Investment Funds

Kutak Rock’s Institutional Investments Group assists public and private institutions in connection with their private equity, venture capital, and hedge fund investments, as well as commingled real estate investments and fund-of-fund investments. Our clients include:

  • Pension systems
  • Endowments
  • Sovereign wealth funds
  • Insurers
  • Corporations
  • Private offices
  • Banks

To achieve a successful result, so-called “alternative investments” need to be negotiated by lawyers with sufficient experience to know what terms are “market.”  As leaders in the alternative space, Kutak Rock’s lawyers know the market and have contributed to establishing it.  Members of the Institutional Investments Group have worked with the Institutional Limited Partners Association to establish the standard form of Limited Partnership Agreement used worldwide.  Several members of the Group are Board Certified Specialists in Real Estate and help firm clients obtain the best possible terms in commingled real estate transactions. 

In the past five years alone, the Group has negotiated more than $3.5 billion in alternative investments covering nearly every asset class and strategy, including infrastructure, GTAA, real assets, private credit, risk parity, and absolute return opportunities. We document between $100 million and $300 million in alternative transactions monthly.

Kutak Rock’s Institutional Investments Group has extensive experience with SBICs, REITs, investment management agreements, co-investments, and secondary acquisitions and sales.  We regularly form separate co-investment and secondary investment vehicles to assist clients to quickly seize such opportunities when they arise. We negotiate alternative investments throughout the world, with particular experience in funds domiciled in offshore tax havens, such as the Cayman Islands.
 
The Institutional Investments Group guides clients in all aspects of alternative investing, including manager investigations and fund due diligence.  We regularly negotiate side letters and amendments to partnership agreements and subscription agreements designed to best protect our clients’ interests.  We advise clients on the securities, tax and ERISA implications of their investments, and our extensive familiarity with market terms enables our clients to obtain the best terms possible for their commitments.

Among other services, the Kutak Rock Institutional Investments Group also represents clients in connection with their custody, securities lending, investment management, investment consulting and brokerage contracts, and has crafted investment, governance, ethics and conflict of interest policies, as well as proxy voting procedures, for numerous institutions and government agencies.

The lawyers in Kutak Rock’s Institutional Investments Group are able to draw on the broad experience of the more than 500 Kutak Rock attorneys throughout the country in order to fully meet our clients' needs with respect to all areas of law relating to their transactions.