Overview

Seward & Kissel’s Private Equity and Venture Capital attorneys advise fund sponsors of private equity funds, venture capital/growth funds, private credit funds and real estate funds, related portfolio companies and institutional investors who invest in these funds. We work with our clients throughout all phases of a fund’s life cycle – from fund structuring and formation through the acquisition, maintenance and disposition of investments.

Our Private Equity and Venture Capital Group is comprised of an interdisciplinary team of experienced lawyers who provide a comprehensive range of services, delivered in an efficient and practical matter. Working closely with the Firm’s other practice areas, and as active participants in the private equity industry, we are at the forefront of the legal, regulatory and business trends affecting the industry.

Our lawyers work regularly with fund sponsors across a broad range of investment strategies and industry focuses, such as:

  • Biotechnology
  • Consumer goods
  • Energy
  • Financial services
  • Healthcare
  • Manufacturing
  • Maritime
  • Media and entertainment
  • Renewables
  • Technology

In addition to advising fund sponsors, our attorneys have deep relationships and frequent interactions with funds-of-funds, institutional investors and other key industry groups, providing us with insightful perspectives on the various legal and business issues of concern.

Private Equity Funds

Seward & Kissel’s attorneys have significant experience counseling private equity fund sponsors on all aspects of their business, including the legal and regulatory requirements applicable to investment advisers, as well as their underlying funds. We regularly advise and represent these clients, as well as institutional and other investors, as it relates to:

  • Capital Raising and Marketing
  • Co-Investments
  • Compensation & Incentive Structuring
  • Compliance & Regulation
  • ERISA
  • Fund Formation
  • Investor Negotiations
  • Management Company and GP structuring
  • Subscription Financing
  • Tax Structuring

With respect to Private Equity transactions, attorneys in Seward & Kissel’s Business Transactions Group have significant experience representing private equity firms on the full spectrum of transactions such as minority investments, joint ventures, buyouts and exit transactions including:

  • Debt Financing
  • Liquidity Events
  • Joint Ventures
  • Leveraged Buyouts
  • Mergers & Acquisitions
  • Portfolio Company Transactions
 

Venture Capital/Growth Funds

Seward & Kissel’s attorneys have deep expertise relating to all stages of a venture capital fund’s life cycle. Our lawyers have helped structure and raise venture capital funds ranging from emerging managers in small seed and series rounds to multibillion-dollar, established funds. We represent both venture capital funds and venture capital investors, which allows us to bring a unique perspective to our clients, including advising on:

  • Capital Raising and Marketing
  • Co-Investments
  • Compensation & Incentive Structuring
  • Compliance & Regulation
  • ERISA
  • Fund Formation
  • Investor Negotiations
  • Management Company and GP Structuring
  • Subscription Financing
  • Tax Structuring

With respect to Venture Capital transactions, attorneys in Seward & Kissel’s Business Transactions Group have significant experience representing venture capital and growth funds with venture capital financing rounds and exits, including:

  • Angel and Series Seed Investments
  • Convertible Debt
  • Early, Late Stage and pre-IPO Venture Capital Rounds
  • Liquidity Events

Private Credit Funds

Seward & Kissel draws upon our interdisciplinary team of investment management, transaction, and tax attorneys to represent credit-focused fund sponsors, including distressed debt and equity, structured credit, high yield, direct lending, mezzanine and more. Our attorneys have a comprehensive understanding of the market, trends, and legal and compliance issues effecting private credit managers and are able to leverage our deep expertise to provide comprehensive and practical advice to our clients. We have extensive experience advising private credit funds, up and down the capital structure, throughout their life cycle including:

  • Capital Raising and Marketing
  • Co-Investments
  • Compensation & Incentive Structuring
  • Compliance & Regulation
  • Debt Transactions
  • ERISA
  • Fund Finance
  • Fund Formation
  • Special Situations & Restructuring
  • Transactions

With respect to Private Credit transactions, attorneys in our Structured Finance, Finance and Lending, and Restructuring Groups have significant experience with all types of financing arrangements, including:

  • Asset Backed Lending
  • Intercreditor Arrangements
  • Risk Retention Structuring
  • Secured and Unsecured Lending Transactions, including Subscription/Capital Call and Fund of Fund Facilities
  • Senior and Mezzanine Financings
  • Special Situations & Restructuring
  • Structured Finance Transactions and Securitizations, including CLOs
  • Unitrache Financings

Real Estate Funds

Seward & Kissel’s attorneys advise sponsors and managers regarding fund formation and structuring across all real estate investment strategies including core, core plus, value-add, opportunistic, and niche strategies. We have extensive experience forming real estate investment vehicles, including various types of open and closed-end structures, club deals and joint ventures. The depth of our understanding of the real estate industry and our ability to render expert legal advice in such a way as to advance the business goals of our clients allows them to complete transactions in a timely and efficient manner.

Our team includes a broad range of attorneys who have experience working with private equity real estate funds and institutional investors regarding:

  • Capital Raising and Marketing
  • Co-Investments
  • Compensation & Incentive Structuring
  • Compliance & Regulation
  • ERISA
  • Fund Formation
  • Investor Negotiations
  • Management Company and GP structuring
  • Subscription Financing
  • Tax Structuring

With respect to Real Estate transactions, attorneys in our Real Estate Group have significant experience across a wide array of real estate transactions, including:

  • Acquisition & Dispositions
  • Construction
  • Financings
  • Investment Due Diligence
  • Joint Ventures
  • Leasing
  • Management and Development
  • Private REITs
  • Tax Structuring
  • Workouts, Restructurings and Foreclosures

 

Private Equity & Venture Capital

Biotech, consumer goods, energy, financial services, healthcare, manufacturing, media & entertainment, renewables, shipping, technology & more
Venture & Growth Capital Private Equity & Buyout Private Equity Real Estate Private Credit
  • Fund formation
  • Seed & early stage financing
  • Liquidity & exit transaction
  • Liquidity & capital raising strategies
  • ERISA, VCOC
  • Fund formation
  • Co-investment, fund-of-one, special purpose vehicles, separately managed accounts, joint ventures
  • Transactions: bolt-ons, carve-outs, recaps, divestments
  • Tax, ERISA, Compliance, Compensation & Incentive Structuring, Subscription Financing
  • Fund formation
  • Developers & operators
  • Acquisitions, dispositions, JVs, financing, leasing, workouts & restructurings, management & development
  • Core, core plus, value-add, opportunistic, niche
  • Fund formation
  • Debt transactions, special situations, restructurings
  • Loan origination, distressed debt and equity, structured credit, specialty finance, mezzanine
  • Fund financing