Troutman Pepper has a rich history of providing comprehensive legal services to participants in the securities industry. We have acted as counsel to investment advisers, private funds—including private equity, credit, and hedge funds — fund investors, broker dealers, and other financial institutions.
Our attorneys are knowledgeable in all aspects of regulation — from individual state regulators to the Securities and Exchange Commission (SEC), and the Financial Industry Regulatory Authority (FINRA).
Among the many issues specific to the investment management industry, our team advises clients on international, federal and state licenses, registrations and reports, the development of compliance programs and procedures, annual reviews, internal investigations, mergers and acquisitions, separately managed account and subdivision agreements, the prevention of insider trading and reviews sales, advertising, and marketing materials for legal compliance.
Our clients rely on us for advice on a wide range of issues affecting securities regulatory matters, including the formation and offering of domestic and offshore private funds, international and domestic tax structuring and Foreign Account Tax Compliance Act (FATCA) regulation and derivative products. We also maintain a strong focus on data privacy and security anti-money laundering compliance, foreign corrupt practices act compliance, white collar criminal defense, and financial services litigation.
Our attorneys assist investment adviser clients who offer a variety of products, including traditional wealth management, separately management accounts (SMAs), investment funds, and sub-advisory arrangements. Our service covers all aspects of our clients’ business needs, from corporate formation, registration and reporting, ongoing compliance as a fiduciary, referrals and advertising, as well as regulatory exams and investigations.
We are able to draw from our experience and knowledge to advise clients on all aspects of the establishment and maintenance of private investment funds. We work with clients including financial sponsors, investors, portfolio companies, management groups, and with lenders on private funds implementing a variety of strategies, including private equity funds, private credit funds, venture capital funds, hedge funds, real estate funds, and other funds in the U.S. and offshore.
Our team has the ability to advise and assist private investment fund sponsors and managers with the many facets of their businesses. We have helped provide creative solutions to aid startup managers, spin-offs, and established asset manager firms with such issues as the formation and organization of management and upper tier entities, corporate governance and day-to-day operations.
We are well-versed in all aspects of federal and state securities laws and regulations including the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, and the Employee Retirement Income Security Act of 1974 (ERISA).
Our attorneys have represented myriad investors, including wealth investment firms, insurance companies, and corporate clients in matters regarding their negotiated investments in private fund investments, strategic partnerships, and secondary transfers. We perform legal due diligence on fund documentation, provide advice on current market terms and negotiate "side letter" arrangements for tailored investment terms.
Our attorneys are a valuable resource to maintain a beneficial relationship between private fund managers and their portfolio investments. We never lose focus on the most important aspects of this ongoing union. As sponsors manage their investments, we are available to assist with mergers and acquisitions and debt and equity financings. Our team can also advise on the day-to-day issues relating to commercial contracts, infrastructure and project finance, manufacturing, litigation, labor and employment, employee benefits, intellectual property, real estate, and other matters.
Press Coverage
07.01.24
Chevron Ruling May 'Hamstring' SEC Rulemaking Agenda: Lawyers
Speaking Engagements
05.15.24
The FundBank Spotlight
Articles + Publications
05.10.24
Investment Management Update - Q1 2024
Articles + Publications
05.09.24
SEC Issues Third Marketing Rule Risk Alert for Investment Advisers
Firm News
03.21.24
Citywealth Recognizes Troutman Pepper New York Partner Genna Garver Among 2024 Powerwomen Award Winners
Articles + Publications
03.15.24
More Than $1.6B in SBA Debenture Leverage Priced at 5.035%