what does a private equity attorney do

by Oren Stamm 9 min read

What lawyers do

  • Advise clients on how to structure new funds.
  • Help private equity firms negotiate the terms on which investors contribute their money.
  • Act for the private fund when it buys and sells its investments.
  • Assist clients throughout the fund-raising process. ...

More items...

Private Equity M&A attorneys represent investment funds in acquiring and disposing of “portfolio” companies or minority ownership interests in such companies. Investment management attorneys assist in the formation of private investment funds and advise funds on complying with applicable regulations.

Full Answer

Do private equity firms use lawyers?

Nov 24, 2021 · A private equity lawyer will assist investors and funds in investing directly in private companies. In addition to setting up and administering Management Incentive Schemes, such companies also offer shares as incentives to their managers.

What is private equity and how does it work?

Nov 18, 2021 · Helping business owners for over 15 years. In private equity, the lawyer makes deals happen and keeps clients on track. Private equity lawyers negotiate terms for the acquisition and advise on tax and disclosure when a company is being sold by a private equity firm or individual.

What skills do you need to be a private equity lawyer?

Private equity firms should ensure that an experienced lawyer scrutinizes all the legal paperwork at each stage of the process, from initial portfolio company acquisition, to intervening add-on investments, divestments and recapitalizations, to the portfolio company’s ultimate disposition or …

Where can I find help with private equity law?

Private equity and investment management. Becoming a private equity lawyer - Goodwin. The private equity industry supercharges companies' operations and puts money in the pocket of investors. Goodwin's lawyers explain that work in this area brings much more than financial profit.

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What do people in private equity actually do?

What Do You Actually Do In A Private Equity Job? Private equity firms raise capital from outside investors, called Limited Partners (LP), and then use this capital to buy companies, operate and improve them, and then sell them to realize a return on their investment.

What is private equity legal work?

Private equity law involves negotiating, structuring, and documenting a variety of transactions including fund formations, venture capital investments, control acquisitions of public and private companies, and dispositions of previously acquired companies or investments.

Is private equity law interesting?

It's a fun, exciting area of law but it's also difficult in many ways. You have to want to learn and be challenged. You have to want to dive in and understand private equity as a business. You need to be entrepreneurial in the same way that your clients are.

What do private equity guys do?

A private-equity manager uses the money of investors to fund its acquisitions. Examples of investors are hedge funds, pension funds, university endowments or wealthy individuals. It restructures the acquired firm (or firms) and attempts to resell at a higher value, aiming for a high return on equity.

What questions do they ask in a private equity interview?

9 Questions to Ask Every Private Equity Firm
  • 1) How large is your fund? ...
  • 2) What is your target return profile and strategy? ...
  • 3) What role will you play in the relationship during and after the transaction? ...
  • 4) How many investments will the partner have active at one time? ...
  • 5) What is the typical board composition?
Jun 10, 2021

How do I become an equity lawyer?

A bachelor's degree in accounting, finance, or a related programme, as well as an MBA, is often required for the role of private equity analyst. You will usually need experience working in the financial sector to get an entry-level job.Nov 18, 2021

What is unique about private equity?

Unlike public markets, a private market investor can have information advantages, such as access to management and greater visibility into a potential portfolio company. Private equity is an inefficient market compared to public markets, and thus provides additional opportunities for attractive valuations.Aug 1, 2021

What do private equity trainees do?

The nature of private equity deals means trainees should also expect to be liaising regularly with lots of people, including executives at private equity houses, founders and/or management teams or members of the corporate finance team responsible for delivering the overall transaction.

How many private equity firms are there in the UK?

118 private equity funds
There were a total of 118 private equity funds in the United Kingdom (UK) in 2019. The majority of fundraising was focused in buyouts, which include the acquisition of companies by purchasing majority or controlling stakes.Jan 11, 2022

Is it hard to get into private equity?

Such a lucrative career with substantial rewards clearly fosters motivation, but this also means that private equity is notoriously competitive to get into. You won't be the only one with an investment banking or consulting background.

How much does a partner at a private equity firm make?

Managing partners pulled in $1.59 million, on average, at small private equity firms, while partners and managing directors averaged $985,000 in salary and bonuses. For firms with $2 billion to $3.99 billion in assets, top bosses made $2.25 million, and partners and managing directors averaged about $1 million.Dec 20, 2019

Is private equity stressful?

Private equity firms are usually smaller and more selective about their employees. But once a hire is made, they care less about how performance is maintained. There are exceptions and overlaps in every industry but, in general, the average day is a bit less stressful for private equity associates.

What are the legal issues that private equity firms face?

Most legal issues that private equity firms face involve making successful deals. Strict legal guidelines apply to private equity firms when structuring, negotiating, and implementing private equity transactions. Private equity firms should ensure that an experienced lawyer scrutinizes all the legal paperwork at each stage of the process, from initial portfolio company acquisition, to intervening add-on investments, divestments and recapitalizations, to the portfolio company’s ultimate disposition or public offering. Private equity firms that make mistakes in their legal paperwork often face costly lawsuits, particularly when negotiating complex transactions like those involving mergers and acquisitions.

Do private equity firms require accredited investors?

All investors, regardless of manner of solicitation, must be accredited for most offerings through private equity firms. Firms have a responsibility to confirm that investors qualify before each transaction. In addition, the definition of an accredited investor has been in flux over the past few years, making it even more important for private equity firms to check for compliance regularly.

Private Equity Firm

A Private Equity Lawyer advises during acquisition and disposal and oversees legal issues during ownership. A private equity company is an investment firm which invests money by owning businesses.

Role of a Private Equity Lawyer

A Private Equity lawyer here has a couple of intrinsic roles. He/she will structure the funds and negotiate on behalf of the private equity firms on the terms of investments or the contribution of funds in the equity firm, subsequently act on behalf of the company when there is a buying or selling of investments.

Conclusion

In summary, the work can be technical and interesting at times. Your clients are hard working bunch of people, richer, younger and smarter than you, which gives them more leverage to cut legal costs by adventuring in the market and tasking their lawyers with more work and less time.

CA: Could you describe your role as partner within the private equity practice?

MK: I act as both a co-head of the group and a partner practicing in the group. As a partner, I am part of the effort to grow and expand our practice across the globe.

CA: Could you describe your role as counsel within the private equity practice?

MH: As a new counsel, it’s been interesting working with clients at a higher level, as well as leading knowledge management and mentoring. In terms of growth within my role, I have increasingly been working more on securing client relationships, both new and existing ones.

CA: What was your role on the latest matter you worked on?

MK: I can give you an example of a company sale we did on behalf of one of our private equity clients. It was a complex, multi-faceted transaction with a sale price of $760 million.

CA: What is the most challenging aspect of your practice area?

JK: Private equity is a highly competitive space for our clients, so there is the challenge of trying to position them to succeed in competitive situations. We take a pragmatic approach to risk in the context of business. Ultimately, we serve as business advisors who know about the law, rather than siloed legal advisors.

CA: What is the most rewarding aspect of your practice area?

JK: Alongside the relationships we’ve developed with our clients, we really feel as though we’re in a partnership and part of a team here in our group. It’s about really being in the trenches together. The other rewarding part would be the platform that we have here at Goodwin, which is deeply invested in growth.

CA: What are the latest trends and developments in the private equity space?

MK: A significant trend has been the emergence of a sellers’ market. M&A matters have become friendly for sellers – at the moment there is little post-closing liability for the seller. However, if the economy turns and we have a slowdown, the market could cool off.

CA: What personal qualities make for a good private equity lawyer?

MK: It is important to have a mindset and an approach that allows you to work well with a large variety of clients, especially as you encounter different kinds of personalities in this space. It is also important to know a lot more beyond what you do as a corporate lawyer in your everyday job.

What is private equity?

Private equity is composed of funds and investors that directly invest in private companies, or that engage in buyouts of public companies, resulting in the delisting of public equity. Institutional and retail investors provide the capital for private equity, and the capital can be utilized to fund new technology, make acquisitions, ...

Why is private equity important?

It is favored by companies because it allows them access to liquidity as an alternative to conventional financial mechanisms , such as high interest bank loans or listing on public markets. Certain forms of private equity, such as venture capital, also finance ideas and early stage companies. In the case of companies that are de-listed, private equity financing can help such companies attempt unorthodox growth strategies away from the glare of public markets. Otherwise, the pressure of quarterly earnings dramatically reduces the time frame available to senior management to turn a company around or experiment with new ways to cut losses or make money.

How does private equity make money?

Private equity firms make money by charging management and performance fees from investors in a fund. Among the advantages of private equity are easy access to alternate forms of capital for entrepreneurs and company founders and less stress of quarterly performance.

What are the advantages of private equity?

Among the advantages of private equity are easy access to alternate forms of capital for entrepreneurs and company founders and less stress of quarterly performance. Those advantages are offset by the fact that private equity valuations are not set by market forces.

Why do private equity companies need to hold their investments for a long period of time?

In most cases, considerably long holding periods are often required for private equity investments in order to ensure a turnaround for distressed companies or to enable liquidity events such as an initial public offering ( IPO) or a sale to a public company.

Why is private equity so difficult to liquidate?

First, it can be difficult to liquidate holdings in private equity because, unlike public markets, a ready-made order book that matches buyers with sellers is not available. A firm has to undertake a search for a buyer in order to make a sale of its investment or company. Second, pricing of shares for a company in private equity is determined through negotiations between buyers and sellers and not by market forces, as is generally the case for publicly-listed companies. Third, the rights of private equity shareholders are generally decided on a case-by-case basis through negotiations instead of a broad governance framework that typically dictates rights for their counterparts in public markets .

How much did private equity raise in 2008?

According to a Harvard study, global private equity groups raised $2 trillion in the years between 2006 and 2008 and each dollar was leveraged by more than two dollars in debt. But the study found that companies backed by private equity performed better than their counterparts in the public markets.

Why is private equity called private equity?

The industry is called “private” equity because the companies that private equity firms invest in are private initially, or become private as a result of the investment . The job is part fundraising, part operational management, and part investing.

Is private equity competitive?

Private Equity is a highly-competitive and sought-after field. PE firms tend to be relatively small, tight-knit and full of extremely smart and highly motivated people. As a starting point, the right career background is critical.

What is the career path in private equity?

The private equity career path attracts people who are: Competitive, high achievers who are willing to work long, grinding hours. Extremely attentive to detail. Interested in deals rather than simply following the markets or investing in public companies or other assets.

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Organizations Related to Private Equity Law

  1. Emerging Markets Private Equity Association (EMPEA):This association is a nonprofit seeking to help those in Africa, Asia, Europe, Latin America, and the Middle East to understand private equity an...
  2. Federal Deposit Insurance Corp. (FDIC):Formed by Congress, this agency helps keep the country's financial system stable through the management of various areas of finance.
  1. Emerging Markets Private Equity Association (EMPEA):This association is a nonprofit seeking to help those in Africa, Asia, Europe, Latin America, and the Middle East to understand private equity an...
  2. Federal Deposit Insurance Corp. (FDIC):Formed by Congress, this agency helps keep the country's financial system stable through the management of various areas of finance.
  3. Federal Trade Commission (FTC):This agency takes care of the American economy by protecting the consumer and supervising broader sectors. It seeks to enforce laws according to its policies and educ...
  4. National Association of Investment Companies (NAIC):This organization is for firms that have invested in the United States Emerging Domestic markets, or EDM for short. These members …

Publications Related to Private Equity Law

  1. Angel Investor News:This resource provides news and information on angel investors, small-business funding, private investors, and other related categories.
  2. Private Equity Hub:This online forum helps people in the private equity industry interact on a global scale, including foundations, venture capitalists, and MBA candidates. It aims to help those wi...
  1. Angel Investor News:This resource provides news and information on angel investors, small-business funding, private investors, and other related categories.
  2. Private Equity Hub:This online forum helps people in the private equity industry interact on a global scale, including foundations, venture capitalists, and MBA candidates. It aims to help those wi...
  3. The Deal LLC:Established in 1999, this company takes care of any deal-making through economic cycles and leaders in business. It offers news, information, and original ideas to other investors and...
  4. Wall Street Journal — Private Equity Beat:This international newspaper is printed daily and focuses on national and international financial news and issues.

Private Equity and Investment Management

  • Business investments are typically managed by private equity and investment companies. Lawyers that help manage investments have two important functions: help the firm negotiate terms with investors on how the funds will be used and help the firm later to either buy or sell investments. They may also specialize in other sectors, such as hedge funds...
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Legal Team of Private Equity Firm

  • Private equity firms, due to their small size, use an external legal team when necessary. If you need help with private equity law, you can post your jobon UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including …
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