Private Funds, Venture Capital and Advisors

Ober|Kaler Business Group attorneys work hand in hand with investors, investment funds and fund managers in forming and operating the wide variety of investment fund structures that fuel business growth and vitality in the Mid-Atlantic region and around the country.

We offer a number of legal services to our clients in this sector, including:

• Fund formation
• Venture capital investments 
• Private equity investments
• Investment advisers

When providing services in this area, we regularly draw upon the resources of our colleagues from different practices across the firm – including tax, health care, banking, intellectual property, real estate, employment, ERISA and antitrust – to provide the comprehensive advice necessary for this practice area.

We also provide general counsel services to funds and portfolio companies, and “exit strategy” advice as part of our Mergers and Acquisitions practice.

Private Fund Formation

We provide advice to clients on the formation and operation of private funds, including venture capital, hedge funds, funds of funds, private equity and other funds. We also regularly provide advice to the investors in these funds, and negotiate fund terms for fund sponsors and fund investors. Drawing upon our securities and tax capabilities, we work with clients so that funds are structured and securities offered in compliance with exemptions from registration under the Securities Act of 1933 and the Investment Company Act of 1940, as well as to meet the tax objectives of the sponsors and the funds’ investors.

Venture Capital Investments

We provide a full range of legal services to the venture capital and start-up communities, and we regularly represent venture capital investors and portfolio companies on venture investments. We negotiate venture financing documents for these clients, and pride ourselves on providing lean but experienced staffing and on avoiding a “cookie cutter” approach to every transaction. Because clients will generally work with a senior level attorney, clients avoid the cost of multiple layers of review and time spent on junior associate level “training.” 

Private Equity Investments

Our attorneys help structure investments for private equity funds, including stock and asset purchases, leveraged buyouts, minority investments and recapitalizations. In this area, we regularly provide advice regarding distressed debt or other distressed asset investing. We also provide advice regarding the financing of these transactions. 

Investment Advisers

We provide advice on investment adviser formation and investment adviser registration or perfecting an exemption from registration. We assist with documenting the adviser’s relationship with its clients and disclosure obligations to clients (including Form ADV), as well as compliance plan documentation and testing. Services include advice regarding adviser advertising, performance fees, payments to solicitors, best execution requirements and other compliance matters. We aid clients during SEC or state compliance audits or investigations, and negotiate with the relevant government agencies when necessary. In addition to our experience representing federally registered advisers, we have significant experience with Maryland registered advisers.