Fund Formation

We help institutional investors and fund sponsors manage their operations and strategies in today’s global, fast-paced economy and ever-changing regulatory landscape.

Our approach

We maintain one of the leading investor-side private funds practices in the world, with a tremendous depth of experience in advising institutional investors.

Representing a broad array of both investors and sponsors gives us the perspective to understand the concerns of clients on both sides of the table.  Our experience helps clients appreciate the practical aspects of organizing and operating a fund while taking into account market conditions and the relative bargaining power of the parties involved.

With nearly 350 fund transactions annually, we rank in the top five nationally for the number of private equity and venture capital funds negotiated or structured on behalf of general and limited partners. This volume of transactions enables us to bring value to our clients by sharing tremendous industry knowledge.

We also focus closely on regulatory considerations and are able to share insights derived from constant interaction with industry players. We regularly counsel our institutional investor clients in connection with the key issues affecting their investments in private equity, real estate and hedge funds.

We assist with:

  • Fund formation and management issues
  • ERISA regulations for pension funds and qualified retirement or governmental plans
  • The unique needs of tax-sensitive investors
  • Unrelated business income
  • Effectively connected income
  • Commercial activities income
  • Issues that impact our U.S. clients investing abroad

We work with

  • Institutional investors
  • Fund sponsors and their funds
  • Secondary purchasers and sellers
  • High-net-worth individuals
  • Tax-sensitive investors including tax-exempt organizations and non-U.S. investors
  • Placement agents

$8 million fund for “impact investment” to debut in WNY

Buffalo Business First | September 25, 2017

Nixon Peabody is mentioned for advising on the creation of the Western New York Impact Investment Fund. Buffalo private equity and investment funds partner Charley Jacobs was involved in the deal.

Nixon Peabody lures back lawyer to lead funds practice

Boston Business Journal | June 02, 2016

This article highlights Boston partner and Fund Formation practice group leader Kari Harris’s return to Nixon Peabody.

Private Fund Regulation in 2015—SEC Levels Up

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.

Back to top