Contractual Provisions That Matter in Litigation between a Fund Manager and an Investor

Certain provisions in limited partnership agreements and other agreements between fund managers and investors (Fund Documents) may seem perfunctory when those agreements are drafted, but they can become significant when a fund manager finds itself in litigation with an investor.  Those provisions concern, among other topics, arbitration, indemnification, advancement, integration, no-reliance, choice of law and choice of forum.  In a guest article, Thomas K. Cauley, Jr. and Courtney A. Rosen, both litigation partners at Sidley Austin LLP, and Ashley K. Martin, a litigation associate at Sidley, offer concrete strategies for hedge fund managers in thinking through the ramifications of each of these provisions when drafting Fund Documents.

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