Providing experience-driven counsel to private equity funds and portfolio companies. That’s how Hinshaw helps.

In the private equity market, competition is fierce and the prize goes to those who are nimble, creative and make sound decisions in a fast-paced environment. Investors, fund leadership and portfolio companies need pragmatic, strategic solutions to overcome legal hurdles and negotiate the best outcomes at every phase of fund formation, investment transactions, ongoing securities compliance, and day-to-day business management.

At Hinshaw, our experienced corporate, securities and tax attorneys are well-positioned to advise a broad range of private equity funds, with a particular focus on funds active in the middle market. We work with our sleeves rolled up and can guide clients through the process of forming a fund, handling compliance-related concerns, establishing an effective governance structure, and raising capital. We are also prepared to lead initial and follow-on acquisitions, serve as key counsel for portfolio companies’ ongoing business activities, and prepare such companies for eventual disposition via sale, auction, going-public, joint venture, and other transactions.

Lawyers across Hinshaw’s core practice areas work together to address day-to-day operational and tactical concerns, from highly specific labor and employment and employee benefits issues, to general corporate matters and compliance with relevant federal and state regulations. Our full-circle approach, coupled with our deep industry knowledge in the insurance, financial markets, real estate, healthcare, technology, automotive, and other key sectors, helps our clients rise above the competition.

Areas of Focus Include:

Fund Formation

Effective fund formation can make the difference between success and failure. Our team can provide advice on the creation and establishment of a full range of on- and off-shore, venture, accelerator, growth, leveraged buyout, distressed debt, and vulture, mezzanine and industry-specific funds. Based on clients’ specific objectives, our advice can cover:

• Preparation of private offering documents and ancillary regulatory filings
• Development of fund structures that are tax efficient and facilitate investments by foreign investors, funds of funds, ERISA plans, government plans and other specialized investors
• Negotiations with investors and advising sponsors with ongoing investor relations issues
• Structuring of general partner relationships
• Development and structuring of side-car funds, alternate investment vehicles, parallel funds, blocker entities and other similar affiliated entities

Private Equity Transactions

Private equity transactions come in myriad forms, including traditional mergers, acquisitions, buyouts, recapitalizations and investments for growth, as well as changes in control and minority positions and distressed acquisitions. We also recognize that, for many private equity funds, exit planning is as important as acquisition planning. With this in mind, we are able to help clients develop and execute sound exit strategies, ranging from strategic dispositions and auction sales, to taking the company public. We routinely offer counsel on mergers, acquisitions, public and private offerings, and other corporate transactions.

Corporate Counseling

In addition to achieving investors’ goals, operating companies must also meet the needs of employees, customers, business partners and other stakeholders, and ensure compliance with a broad range of complex state and federal securities, environmental, occupational safety, and other laws and regulations. As outside general counsel and discipline-specific advisors, our guidance is sophisticated and creative while grounded in real-world best practices. We counsel clients on the full spectrum of day-to-day and strategic business issues, including labor and employment, employee benefits and ERISA, real estate and construction, insurance coverage, intellectual property and related matters.

Should operating companies, key customers or vendors face financial challenges or insolvency, our bankruptcy, restructuring and workouts team is fully qualified to develop and implement effective solutions. Likewise, our litigation team can help resolve conflicts of interest between funds and portfolio companies and provides aggressive representation in a range of commercial and other disputes, in court, arbitration, mediation, and in settlement negotiations.