Faced with increasingly intrusive requests for information from current and prospective investors, a hedge fund manager must be prepared to tactfully respond by disclosing an appropriate amount of information while otherwise protecting its business. While a manager may be willing to disclose particular items, it is likely to find itself subject to a growing number of due diligence requests for sensitive information and documents. In an effort to determine industry best practices for responding to such requests, the Hedge Fund Law Report surveyed 20 general counsels and other “C-level” decision-makers at leading hedge fund managers. We present the results of that survey in this two-part article series. The first part
described the types of information requests that hedge fund managers are encountering from investors, focusing on the most intrusive requests. This second article explores how managers have actually responded to those requests and what they did to mitigate the potential negative consequences of releasing sensitive information. For more on due diligence, see “Evolving Operational Due Diligence Trends and Best Practices for Due Diligence on Emerging Hedge Fund Managers
” (Apr. 18, 2014). For analysis of the investor view of due diligence, see “What Should Hedge Fund Investors Be Looking For in the Course of Operational Due Diligence and How Can They Find It?
” (Oct. 13, 2011); and “Legal, Operational and Risk Considerations for Institutional Investors When Performing Due Diligence on Hedge Fund Service Providers
” (Jul. 8, 2010).