Practices
Nicholas R. Miller is a partner in the Investment Management group at Seward & Kissel LLP. Nick regularly advises sponsors and managers of private investment funds, including hedge, private equity, private credit and venture capital funds, regarding formation, structuring and capital raising matters. He has extensive experience structuring onshore and offshore investment vehicles, such as special purpose vehicles, co-investment vehicles, separately managed accounts and funds-of-one. In addition, Nick frequently counsels registered and unregistered investment advisers on regulatory compliance matters. Nick also regularly represents both seeders and investment managers in connection with seed and anchor investments, and is a frequent contributor on the topic.
Nick received a B.A. from Colby College, cum laude, and a J.D from Boston College Law School, magna cum laude, where he was a member of the Order of the Coif. Nick also served as a Note Editor on the Boston College Law Review.
Publications
- “Report Examines Appetite for Separately Managed Accounts and Key Terms,” Hedge Fund Law Report, October 27, 2022.
- “Regulatory Risk: Confronting the new global hedge fund compliance challenges,” Hedgeweek, July 7, 2022.
- “Hedge Funds Question Costs, Fees of SEC’s Proposed Rules,” Financial Times’ FundFire, February 16, 2022.
- “U.S. Legal and Compliance Issues Relating to ESG for Private Fund Advisers,” International Comparative Legal Guide – Environmental, Social & Governance Law 2022, December 13, 2021.
- “The New Trend in PE Fund Seed Investments, Unique Deal Features and Several Options for Seed Sources,” Private Equity Law Report, March 17, 2020.
- “Buy-out provisions in seed transactions,” HFM Week, January 15, 2020.
- “Restrictive Covenants and Tail Right Provisions in Seed Transactions: Balancing Seeder Protection and Key Person Autonomy,” HFM Week, November 13, 2019.
- “Aligning Seed Investor Liquidity Rights,” HFM Week, August 26, 2019.
- “Working Capital in Hedge Fund Seeding,” HFM Week, July 4, 2019.
- “Recent Developments in Hedge Fund Seeding,” HFM Week, May 15, 2019.
- “Eight Common Best Execution Deficiencies and How to Prepare for Your Next Exam, ” Wells Fargo Prime Services’ Industry and Regulatory Updates, October 2018.
Events
- Panelist on iConnections’ webinar titled, “Industry Briefing: Breaking Down the SEC’s Proposed Rule Changes“
- Panelist on Seward & Kissel’s SEC Spotlight Webinar on the SEC’s proposed rule amendments
- Moderated webinar on SEC ESG Risk Alert
- Panelist in Hedgeweek NA Emerging Managers Summit
- Panelist on Alternative Credit Council’s Global Hedge Fund Benchmark Study podcast – Episode 4 – Sustainability
- Co-Presenter at 2020 Context Family Network Virtual Retreat – ESG Considerations for Family Offices