Private Equity in 2017: How to Seize Upon Rising Opportunity While Minimizing Compliance and Market Risk

Private equity funds in mid-2017 stand at a propitious juncture, with abundant opportunities in numerous industries and sectors, particularly as foreign interest in U.S. real estate surges and uncertainty over the future of the Affordable Care Act fosters interest in privately managed health facilities and programs. Co-investment opportunities are particularly popular as managers seek out larger and more numerous deals, as well as ways to minimize risk. The increased popularity of co-investments has, however, brought a concomitant tightening of scrutiny by the SEC. Fund managers contemplating co-investments must take special care to include certain disclosures in offering documents and ensure proper allocation of investment opportunities and expenses. It is essential to approach co-investments – as well as carry arrangements, distressed debt opportunities, closed-end funds and many other opportunities – with a solid grounding in the myriad legal issues involved. To help illuminate these issues, the Hedge Fund Law Report interviewed Robert Goldstein and Ian Schwartz, partners in the private equity practice of McDermott Will & Emery. For coverage of Schwartz’s recent move to the firm, see “McDermott Will & Emery Hires Ian Schwartz As Head of Investment Funds Practice” (Apr. 6, 2017).

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