Private Equity

Sponsors – Fund Formation/Regulatory/Tax Compliance

We advise sponsors and limited partners in connection with fund formation, operations and compliance. Our attorneys have broad experience representing fund sponsors with capital-raising efforts both domestically and internationally. In structuring funds and investment transactions, our private equity attorneys work closely with our securities, tax, employment, intellectual property, environmental, real estate, litigation, and compliance attorneys to form funds and management companies that are tax-efficient and compliant with the complex maze of securities regulations that govern private equity funds. We strive to optimize tax structures to maximize after-tax returns. We represent lead investors in the creation of industry-specific private equity funds.

Private Equity Funds – Transactions

Our attorneys advise private equity funds regarding their most important M&A transactions, platform acquisitions, add-ons and exit transactions. We regularly advise funds and their platform companies in connection with roll-up strategies and tuck-in acquisitions, divestitures, mergers of equals, growth capital investments, and sales to strategic and financial buyers.

Duane Morris attorneys practicing in major markets across the U.S., London and throughout Asia represent clients in both U.S.-based and transnational deals. We create multidisciplinary teams customized to clients’ needs, comprised of lawyers skilled in securities, tax, employment, intellectual property, environmental, real estate, litigation and compliance. Our extensive experience with various merger structures, stock and asset deals, rollover equity, seller notes and other types of M&A transactions, coupled with seamless coordination among our top-notch multidisciplinary teams allows us to implement the transaction structure that maximizes value for our clients.

Investors – Co-Investment / Direct Investment

We regularly assist limited partners in their role as investors in funds, and on all aspects of their business activities, including investments in private equity, venture capital and hedge funds, as well as in real estate, alternative assets and alternative lending sources. In particular, as LPs engage in and focus on direct investments, we regularly assist them in structuring their direct business acquisitions, as well as advising on strategy with regard to sourcing co-investments, diligence, compensation of deal professionals and deal structures, including negotiation of side letters and other agreements that modify basic fund structures.

Portfolio Companies

Duane Morris attorneys advise portfolio companies and their officers and directors about governance issues, regulatory compliance and similar matters. We regularly help our clients establish strategies and structures that accommodate planned growth and responsible reporting requirements. In addition, our lawyers in employment, labor, immigration, intellectual property, real estate and construction can assist in related operational issues.

We counsel portfolio companies on capital-raising efforts both domestically and internationally. In structuring transactions, our private equity attorneys work closely with our securities, tax, employment, and compliance attorneys to form companies that are tax-efficient and compliant with the complex maze of securities regulations that govern private equity funds. We have deep experience in novel tax-advantaged entities, such as Opportunity Zones, and strive to optimize tax structures to maximize returns.

Lenders

Our attorneys counsel lending and finance clients at every stage of their interaction with private equity investment, from acquisition through exit. In addition to bank financings, we handle securities offerings, debt investments, preferred equity financings, syndicated, secured and agented lending, and mezzanine financings. We offer counsel throughout the lifecycle of a private equity investment, including advising on strategy related to market terms; post-acquisition counseling on financing needs and obligations; guiding credit facility refinancing and re-pricing transactions, restructurings, accordion payments and other add-on financings; and counseling clients on workouts and creditor claims.