As noted in Legal 500, Bracewell “has a broad capability spanning fund formation and regulatory compliance matters,” (2013) and “provides ‘excellent service’ and ‘thoughtful, timely and very thorough advice.’” (2017) We offer a full-service private funds practice, drawing on the experience of numerous lawyers with diverse legal knowledge, including fund formation, compliance and regulatory issues, enforcement, and asset management mergers and acquisitions.
We combine fund formation experience with tax capabilities and a deep bench of regulatory professionals, to offer a full complement of services to sponsors and investors. We assist in the formation of industry-focused funds in sectors such as power, oil and gas, natural resources, renewables, real estate, and technology. We represent a mix of start-up and established funds and fund managers.
In the compliance and regulatory arenas, we advise on Securities and Exchange Commission (SEC) and state investment advisor registration issues, perform independent audits to identify potential compliance risks, and assist clients in developing appropriate policies and procedures. We routinely provide counsel regarding the Investment Advisers Act and various aspects of the Dodd-Frank Act. Our corporate, tax, ERISA, CFTC, and FERC professionals are regularly called on to provide compliance and regulatory advice on a full range of issues. When clients are faced with enforcement actions, we deploy a dedicated team of lawyers with prior enforcement experience at the SEC and Department of Justice.
Private equity investing, including both debt and equity, is a core component of our transactions business. Our private equity experience has a particular focus in oil and gas, power and infrastructure investments, but also includes a wide variety of other industries. We handle all types of transactions on behalf of private equity clients, including fund development, joint ventures, distressed investments and exit transactions. Our team includes lawyers with significant experience advising private equity clients on fund formation, tax, and regulatory matters.
As noted in Legal 500 (2016), “clients praise Bracewell’s ‘high level of service’ with a ‘very commercial’ practice.” We bring together lawyers across multiple jurisdictions and practices to provide advice in the formation of a broad range of private equity funds, hedge funds, real estate funds, funds of funds, and hybrid funds. We advise private funds on all aspects of fund formation and develop all necessary documentation, including private placement memoranda, limited partnership agreements, subscription documents, and other communications. Our corporate, tax, ERISA, and CFTC attorneys work closely with our fund formation group to ensure compliance with applicable laws.
Recent Notable Matters
Upper Bay Infrastructure Partners – acquisition of Tidewater Transportation & Terminals, a multi-commodity transportation, terminal, and marine construction and repair company serving the Pacific Northwest, from Stonepeak Infrastructure Partners. Upper Bay Infrastructure Partners was the lead investor of a group consisting of Ullico, funds and accounts under management by BlackRock, Silverfern and certain other co-investors.
Asset manager — advises private funds investing in middle-market distressed, catalyst-driven and capital structure arbitrage strategies in compliance-related matters
Asset manager — compliance-related matters for entity that manages over $5.5 billion in assets under management in private equity funds in upstream oil and gas business investments
Asset manager — compliance-related matters in connection with its portfolio of real property development assets
Private equity advisor — compliance issues related to advising power and infrastructure funds
SEC registered advisors — managing private equity and hedge funds focused on distressed and special situations tied to the municipal market in compliance-related matters
Sponsor — formation of a hedge fund that invests in global opportunities in fixed income securities and credit instruments
Sponsor — formation of a hedge fund that pursues a strategy focused primarily on the equity, debt and related derivative securities of companies in the energy and natural resources sectors
Sponsor — formation of a real estate development fund that develops real estate opportunities in the Dallas, Texas area
Sponsor — formation of private equity funds that acquire and develop investment opportunities in the North American and European power and energy infrastructure markets