Private Fund Disputes

/Overview

The private funds industry presents unique challenges. Our team understands the duties and obligations of funds and managers, so we can assist with day-to-day obligations, control contests, and winding down and liquidation.

When complex disputes unique to alternative investments arise, we solve them.

We focus on disputes from around the world in both US domestic funds and in funds domiciled in offshore jurisdictions. We handle fund management, compliance issues, redemptions and valuation matters, as well as private equity operating company disputes.

Clients also turn to us for guidance in criminal and civil insider trading investigations, CFTC and SEC enforcement priorities (including on methods of receiving fees), as well as FCPA actions.

Protecting your operation, your assets, and your reputation is our priority.

/Representative experience

• Funds, investors, liquidators, managers, limited partners, family offices, high-net-worth individuals, trusts, and insolvent estates in disputes unique to alternative investments
• Handling a matter involving the proper attribution of carried interests in a fund
• Private fund sued in its capacity as decision maker for one of its portfolio companies
• Private equity fund in litigation concerning an operating company’s ownership and control
• Hedge fund in litigation concerning asset valuation matters
• Guided private equity fund through related parties’ dispute with investor over control of the target company, resulting in favorable settlement
• Nine pairs of Cayman Island and Delaware-based issuer/co-issuer defendants in a $100 million securities fraud case involving the sale of collateralized debt obligations (CDOs), resulting in a complete dismissal of the case
• Credit Suisse in numerous actions worth billions of dollars with respect to disputes arising out of the sale of residential mortgage-backed securities
• Limited partner in litigation against a hedge fund, its investment-manager, and principal resulting in a rescission damage award of $26.5 million
• Cayman Islands-based liquidators of ThreeAM SPC, a hedge fund of funds in valuation/liquidation disputes with various PIPE funds