Practice Areas
Why You Need the Top Lawyers
Allen & Braun’s primary areas of practice are identified by the list of categories below. Often, we find that one of these issues will follow the other. For example, a bankruptcy may be commenced by a defendant who loses in litigation. Our experience in each of these areas allows us to develop creative solutions to the challenges facing our clients at every stage of a commercial problem.
Our criminal defense law consists of the legal protections afforded to people who have been accused of committing a crime. Law enforcement agencies and government prosecutors have extensive resources at their disposal. Without adequate protections for the accused, the balance of power within the justice system would become skewed in favor of the government. As it is, fair treatment for criminal defendants often depends as much upon the skill of their defense attorney as it does the substantive protections contained in the law.
Our team advises asset managers, institutional investors and investment funds on legal, regulatory and tax matters.
Areas of expertise include establishing both private and listed funds, negotiating investment management documentation, and creating bespoke investment platforms.
The asset management industry is going through a period of change as a result of the increasing overlap between the alternative investment sector and the traditional retail long-only sector. The international nature
of the team makes us very well placed to advise on the cross-border impact of regulations and current proposals affecting the industry.
We work across all the major asset classes, drawing on the support of our sector teams in areas such as infrastructure, private equity and real estate, and with over 75 experts across our office network we cover all the world’s principal financial markets.
To ensure our clients receive support across the full life cycle of their funds we work closely with our colleagues in our corporate finance, banking, capital markets and litigation teams and can advise on the acquisition and disposal of underlying assets or fund interests, the use of innovative funding techniques and the resolution of any disputes between managers and investors.
- “This firm provides a full suite of services to asset managers and institutional investor clients, such as advice relating to fund establishment, regulatory matters, structuring fund vehicles, investment management and undertakings for collective investment transferable securities (UCITS).” Chambers & Partners, 2013
Allen&Braun represents registered investment companies and their independent directors, private funds, investment advisers, underwriters and other service providers in a wide range of regulatory and disclosure matters. We also represent sponsors, advisers and service providers to, and investors in, various types of asset management products, including bank-sponsored pooled investment funds, private equity and hedge funds, separate accounts, bank trust and fiduciary accounts, and domestic and global custody products.
Our financial services clients turn to us for practical guidance in navigating the complex legal and regulatory landscape affecting these activities and products, including the rapidly changing regulatory landscape in light of the Dodd-Frank Act. Drawing upon our premier financial services practice, with expertise in broker-dealers, bank regulation, capital markets, and derivatives, our investment management team advises clients seeking innovative solutions to complex issues that cross business, geographic and regulatory lines.
We advise clients on a full range of disclosure and regulatory matters relating to the federal securities laws, including the Investment Company Act of 1940 and the Investment Advisers Act of 1940. We prepare registration documents, and help our clients in all phases of their operations, including disclosure, compliance, risk management, record-keeping, valuation and oversight by independent directors.
We proactively advise independent directors of investment companies to help them understand their fiduciary and oversight duties, and assist with evolving board governance issues.
The firm helps create fund structures that involve complex and innovative legal issues. We also represent our clients in mergers and acquisitions of investment companies and investment advisers.
We advise clients in connection with structuring closed-end funds, unit investment trusts and other specialized vehicles, including exchange-traded funds, as well as financings and financial products for these entities.
The firm also works with investment adviser, venture capital management and financial institution clients in forming pooled investment entities not registered under the Investment Company Act of 1940. An increasingly important part of our practice involves representing holding companies and operating companies with substantial investment activities that seek to operate within an exemption from registration as investment companies. These so-called “status” issues typically involve analyzing and directing the structure of clients’ investment activities, or the deployment of clients’ cash reserves and other assets.
Our representation of these clients includes counseling as to corporate, regulatory, compliance, tax and ERISA matters.
The firm represents commercial banks and other financial institutions with respect to their asset management and administration activities. We advise our financial services clients on a broad range of products and services, including trust and fiduciary activities, securities lending services, custody and agency relationships, cash management activities, asset management support, service arrangements and compliance with the Volcker Rule.
Our practice is active in representing investment companies, investment advisers and financial services firms providing asset management and administration services in administrative proceedings and litigation in a variety of federal and state actions. Litigation in this area frequently addresses issues of disclosure under trust, banking, securities and pension/benefit laws, regulatory compliance, independence, and fiduciary responsibility.
For over a decade, we have helped drive the success of innovative companies around the globe. We advise emerging companies at every stage of their evolution, from initial formation and venture capital financing through a sale or initial public offering. We are also a leading provider of legal counsel to premier venture capital funds in fund formation, venture investments and intellectual property due diligence.
We are one of a handful of law firms that combine comprehensive legal advice covering current market practices and trends in financing terms, an intimate understanding of our clients’ technologies and industries across all market segments, and leading intellectual property analysis and counsel.
We also provide innovative securities and capital markets advice that is sharply focused on providing access to the capital markets to emerging companies.
We recognize that providing introductions for clients seeking financing can, and often does, make a difference. Many of our clients have benefited from our network of relationships with over 200 venture capital and private equity firms.
We are keenly focused on being pragmatic and helping our clients make the best use of their limited resources. Our deep experience has taught us how to deliver the legal services that our venture fund and emerging company clients need at a cost that represents true value.
We value the opportunity to work with amazing clients who have big ideas – ideas that often start out as bigger than the clients themselves. Assisting emerging companies and venture funds is among the most interesting and rewarding work we do.
Recognized leader in fund formation
The formation of private equity funds is a complex and highly specialized area. Only a handful of law firms have the required expertise to advise on these issues. Our global Private Equity Funds Group is widely recognized, by both fund sponsors and institutional investors, as leading counsel in this field.
We represent fund sponsors and investors in the formation and operation of all types of investment funds, including buyout, venture capital and other private equity funds, funds-of-funds, distressed company funds, real estate opportunity and real asset funds, infrastructure funds, and hedge funds. We have the substantive knowledge, deal experience, and industry credibility to effectively guide both GPs and LPs through the entire fund formation process. We advise on structural, regulatory, and tax issues, as well as economic terms and fund governance matters. We also advise fund sponsors on fundraising issues and “upper tier” structure and planning.
We Know What’s “Market”
We have been active in fund formation transactions for over a decade. In just the last five years, we have advised fund sponsors and institutional investors in hundreds of funds involving hundreds of billions of dollars in committed capital. Our ongoing involvement in fund formation keeps us on the forefront of constantly evolving deal terms and industry trends. Our market awareness provides our GP and LP clients with significant negotiating advantages in the fund formation process.
Allen & Braun’s private equity practice includes leading practitioners in the U.S., the UK, greater China, and Africa. We are ranked as one of the most active law firms by Private Equity Analyst based on the number of private equity and venture capital deals we negotiate and close as well as for GP and LP fund formations. Our private equity fund group provides us with important market context regarding the strategic objectives of fund investors and their structuring concerns.
We advise parties to complex, highly-negotiated leveraged buyouts and management buyouts. Our expertise ranges from buyouts of closely-held and privately-owned companies to “going private” transactions involving publicly-traded corporations. We assist clients with their strategic private investment activities, handling deals that range in scope from strategic buy-side deals to billions of dollars. We work regularly with closely-held corporations and, as a result, understand their needs. With our executive compensation and benefits colleagues, we work to structure equity-rollovers and benefit and compensation plans that are designed to enhance productivity and retention rates following buyouts.
We have particular expertise in certain industries, including consumer products (food and beverage, household products, apparel, sports and leisure), clean technology, renewable energy, manufacturing, transportation, electronics and semiconductors.
The Real Estate practice group at Allen & Braun has a strong history of providing a full range of real estate services to a diverse group of clients. With a team of highly competent lawyers who devote their practice exclusively to real estate matters and an additional team of lawyers who have substantial real estate backgrounds and capabilities, we can satisfy your requirements in the areas of corporate services, equity investment, development, construction, finance and specialized services related to real estate.
Allen & Braun’s Real Estate practice group is organized and focused according to relevant business sectors to more effectively serve our clients’ business needs, including:
» Development and construction
» Retail
» Investment real estate
» Finance
» Corporate real estate services
Allen & Braun attorneys represent developers, contractors, and architects in the purchase, zoning, permitting and development of real estate, the construction and leasing of facilities, and the financing of those activities. Our lawyers also represent retailers, real estate investors and property managers in the purchase, financing, leasing, management, operation and sale of real estate assets.
Allen & Braun routinely represents banks, life insurance companies and other institutional lenders and investors in structuring, making and extending loans and other credit facilities secured directly or indirectly by real estate assets, in securitizing debt securities, and enforcing rights and remedies and structuring and documenting workouts in default situations.
Please contact us for more information on how the Real Estate practice group can assist you in your real estate dealings.
The Allen & Braun International Trade and Investment Group advises large and small companies on the legal aspects of importing and exporting goods and services to and from the United States. This includes export licensing proceedings and compliance, intellectual property issues, Exon-Florio concerns, U.S. Foreign Corrupt Practices Act compliance, health and safety regulations, and compliance with SEC and stock exchange rules for non-U.S. issuer securities listing on U.S. stock exchanges.
Specifically, we represent clients in:
» Export licensing proceedings and other compliance activities before the Bureau of Industry and Security of the U.S. Department of Commerce, the Directorate of Defense Trade Controls of the U.S. Department of State, and the Office of Foreign Assets Control of the U.S. Department of the Treasury.
» Proceedings under Section 301 of the Trade Act of 1974 concerning the enforcement of U.S. rights under trade agreements and in response to foreign practices before the Office of the U.S. Trade Representative, and other U.S. agencies.» Legislative matters before U.S. Congress and its committees, such as the House Ways and Means Committee and the Senate Finance Committee.
» Matters relating to the World Trade Organization (WTO) and regional trade agreements.
» Matters relating to the World Intellectual Property Organization (WIPO) and related intellectual property disputes.
» Proceedings against unfairly traded imports under Section 337 of the Tariff Act of 1930, as amended (patent, copyright and trademark infringements).
» Proceedings related to the protection of patents, registered copyrights and trademarks before U.S. Customs and relevant federal courts.
» Foreign investments, mergers or acquisitions in the United States that may affect U.S. national security or homeland security interests under the so-called Exon-Florio law.
» Foreign ownership, control or influence of U.S. defense or other government contractors.
» Supply of non-U.S. origin goods or services to U.S. government agencies.
» Health and safety regulation of goods imported into the United States.
» Regulation of payments to agents or other third parties under the U.S. Foreign Corrupt Practices Act, the OECD Convention, the Inter-American Convention Against Corruption and the United Nations Convention Against Corruption.
» Listing of non-U.S. issuer securities on U.S. stock exchanges, including compliance with relevant U.S. Securities and Exchange Commission regulations and stock exchange rules.