Benedict Kwon

/My focus

I represent a broad range of alternative asset managers in the formation and ongoing operation of their private equity, venture capital, and other private investment funds. I also have significant experience in structuring the portfolio investments of private equity funds, venture capital funds, and real estate funds.

Private Equity Fund Formation and Structuring

I form an array of private investment funds, including private equity funds, venture capital funds, real estate funds, mezzanine debt funds, real estate investment trusts, and hedge funds.

I also advise private investment funds with respect to formation issues and efficient tax structuring and counsel clients on Investment Advisers Act and Investment Company Act compliance.

/Representative experience

Benedict Kwon joined Nixon Peabody in August 2022. The representative work set forth below may reflect experience from prior firms.

Private Equity

• Represented Thurston Advisors, LLC, a leading investor in healthcare and business services companies, on the formation of its latest fund, Thurston Fund II, LP and Thurston Fund II (QP), LP, which raised aggregate commitments of $140 million. Building on the success of its earlier funds, the Funds will continue to make majority control growth-oriented investments in middle market companies in the healthcare services and business services sectors.
• Advised an investment manager in the formation of a healthcare-focused private equity fund with $100 million of assets under management
• Represented an investment manager in the formation of a private equity fund of funds with $200 million of assets under management
• Advised an investment manager in the formation of a healthcare-focused incubator private equity fund targeting $1 billion of capital commitments
• Represented an investment manager in the formation of an entertainment-focused private equity fund with $200 million of assets under management
• Advised an investment manager in the formation of a real estate company focused private equity fund with $50 million of assets under management
• Represented an investment manager in the formation of a co-investment private equity fund

Debt Funds

• Represented an investment manager in the formation of a debt fund focused on publicly traded debt securities with $400 million of assets under management
• Advised an investment manager in the formation of a mortgage debt fund with $150 million of assets under management, using a subsidiary REIT structure
• Represented an investment manager in the formation of a private credit fund of funds
• Advised an investment manager in the formation of a mezzanine debt fund

Venture Capital Fund Formations

• Represented an investment manager in the formation of a venture capital fund focused on the crypto space with $100 million of assets under management
• Advised an investment manager in the formation of a venture capital fund focused on healthcare companies with $100 million of assets under management
• Represented an investment manager in the formation of a venture capital fund focused on technology companies with $50 million of assets under management

Real Estate Fund Formations

• Represented an investment manager in the formation of a real estate fund focused on multifamily properties with assets under management of $200 million
• Advised an investment manager in the formation of a real estate debt fund with assets under management of $150 million

REITs

• Represented an investment manager in the formation of a REIT focused on the acquisition of commercial office buildings with $1 billion of assets under management
• Advised an investment manager in the formation of a REIT focused on the acquisition of multifamily properties
• Represented a property developer in the sale of $100 million of industrial real estate in an Umbrella Partnership REIT transaction

Investment Adviser Registration

• Represented investment managers in their registration as investment advisers with the Securities and Exchange Commission
• Advised investment managers in respect of examinations by the Securities and Exchange Commission

/Looking ahead

Alternative investment funds have been gaining interest from investors due to the volatility in the public markets. We expect to see continuing robust formations of private investment funds utilizing investment strategies that address current market conditions.