Investment Funds Litigation

Our practice is distinguished by deep industry specialization. We do not apply generic frameworks to investment-related disputes because we are embedded in the legal, regulatory, and commercial realities of asset managers. This perspective allows us to advise on disputes that are highly specific to the investment management industry, including matters involving fund governance, investor relationships, and complex economic arrangements among stakeholders.

We regularly represent clients in disputes involving:

• Investor and limited partner disputes, including redemption conflicts, performance-related claims, and disagreements over investment strategy or disclosures
• Fund governance and fiduciary duty claims involving sponsors, general partners, and managers
• Valuation and net asset value disputes, particularly those involving illiquid or hard-to-value assets
• Disputes arising from fund formation documents, including partnership and operating agreements
• Seeder and strategic investor disputes involving economic rights, governance arrangements, and long-term commercial relationships
• Intra-manager and founder conflicts, including succession, control, and economic allocation disputes within investment firms
• Prime brokerage, margin, and financing disputes
• Litigation arising out of distressed investments, special situations, and portfolio company issues

Our litigators bring a practical understanding of how these disputes arise and evolve. Many of the conflicts we handle stem from tensions embedded in fund structures; specifically, arrangements that may function effectively in early stages but become strained as funds grow, strategies shift, or market conditions change. We help clients navigate these dynamics with strategies that are sensitive not only to legal risk, but also to ongoing fund operations, investor relations, and long-term business objectives.

We are also experienced in handling matters involving regulatory overlay, including litigation and enforcement-related proceedings involving the Securities and Exchange Commission and other financial regulators. We regularly advise clients on issues such as Section 16(b) exposure, disclosure-related claims, and other areas where litigation risk intersects with compliance obligations.

In addition to representing funds in disputes with investors and counterparties, we represent advisers and funds in litigation arising from their portfolio investments, including disputes involving operating companies, co-investments, and joint ventures. These matters often require coordination across multiple forums and jurisdictions, as well as integration of litigation strategy with broader business and investment considerations.

Our integration with Seward & Kissel’s leading investment management platform provides a critical advantage. Because we regularly advise clients on fund formation and structuring, we understand how disputes originate at the documentation stage and how legal strategy can affect fund operations in real time. This allows us to deliver solutions that are not only legally sound, but commercially effective and forward-looking.

We approach each matter with a focus on practical outcomes, whether through early resolution, strategic motion practice, or aggressive advocacy through trial or arbitration, while helping clients manage the broader implications of disputes in an increasingly complex and regulated investment environment.