The private fund industry is confronting greater litigation risk than ever.
In the mid-1990s, long before the credit crisis and the subsequent turmoil, we developed a cutting-edge practice in this area, representing sponsors of private investment funds, including tax credit partnerships and venture capital funds.
Today, we use our experience and judgment to solve complex disputes affecting a variety of private investment funds, including hedge, private equity and venture funds, collateralized debt obligations (CDO), asset-backed securities (ABS) and real estate investment partnerships.
We understand the duties and obligations of funds and managers, so we can assist with any challenge, from day-to-day obligations to control contests, winding down and liquidation.
Our team is among the industry’s finest in handling fraud-based redemption and clawback disputes and related insolvency proceedings. We provide advice and representation in criminal and civil investigations ranging from insider trading to record retention compliance.
We represent clients in both U.S. domestic funds and in funds domiciled offshore in the Cayman Islands, British Virgin Islands (B.V.I.) and in Europe.
Representing Cayman Island and Delaware-based special purpose vehicles (SPVs) in putative securities class action alleging fraud under both New York law and Section 10(b) of the Securities Exchange Act of 1934. The claims arise out of losses that the lead plaintiff investment fund alleges were suffered in connection with two synthetic CDO transactions that offered investors exposure to the performance of subprime residential mortgage-backed securities through certain credit default swap.
Representing Credit Suisse entities and executives as co-counsel in actions brought by the Massachusetts Mutual Life Insurance Company and the Federal Home Loan Bank of Boston, who are seeking billions of dollars in rescission against issuers, sponsors, and underwriters of residential mortgage-backed securities.
Representing Mount Capital Fund Limited, a British Virgin Island-based hedge fund, in a $50 million preference and clawback action brought by the Madoff trustee, in one of the first sales of Madoff-tied SIPA claims to a third party, and with litigation advice related to recovery of assets lost in Madoff-related funds.
The New York Times | November 22, 2016
Boston partner and co-leader of the commercial litigation practice Jon Sablone is quoted in this article about a recent ruling in federal bankruptcy court in favor of Madoff fund investors.
Bloomberg BNA Banking Report | March 21, 2016
Chicago partner Susan Feibus authored this column about important considerations for financial institutions to take in terms of policies and procedures that address the cyber threat environment and resilience to cyber attacks.
Law360 | December 18, 2015
Boston partner and deputy chairman of the Private Investment Fund Disputes team Stephen LaRose and Boston associate Kathleen Ceglarski Burns co-authored this article. The piece discusses how the U.S. Securities and Exchange Commission’s focus on private fund advisers has shifted from learning and information gathering to examination and enforcement activity.
Private Fund Disputes Alert | 08.02.17
Securities Litigation & Government Investigations Alert | 12.06.16
Private Fund Disputes Alert | 11.23.16
Private Fund Disputes Alert | 07.25.16
Private Fund Disputes Alert | 07.22.16
Private Fund Disputes Alert | 05.10.16
Private Fund Disputes Alert | 03.17.16
Private Fund Disputes Alert | 11.18.15