Cadwalader has deep experience in representing foreign-managed funds, US-based funds with foreign operations and/or with a foreign investment strategy, including emerging market funds, and clients in inbound and outbound investment transactions.
Our capabilities include:
- Restructuring foreign management companies;
- Structuring foreign investments, including the use of offshore tax-efficient structures;
- Structuring management participation to maximize beneficial tax treatment for US and non-US managers;
- Establishing foreign and offshore-domiciled investment vehicles;
- Establishing foreign offices;
- Advising on foreign regulatory regimes and securities laws; and
- Listings on international exchanges.
Cadwalader’s transactional capabilities extend to all types of investments, including:
- Acquisitions and financings;
- Structured finance products, including derivatives and swaps, CDOs, and other complex financial instruments;
- Private equity co-investments;
- Side-pocket investments;
- Lending and investment activities;
- Structuring tax-efficient cross-border investments; PFICs, tax credits, hybrid entities, and instruments;
- Merger, bankruptcy and other arbitrage analysis;
- Distressed debt investments;
- Shari’ah compliant investments;
- Workout or disposition of troubled or non-performing assets; and
- Representation in bankruptcy proceedings.
We also serve fund principals and their management companies in areas including:
- Partner compensation and tax planning;
- Employee compensation and employee benefit and reinvestment plans;
- Portfolio manager and employee incentive arrangements;
- Employment agreements and other employment issues (including sexual harassment and discrimination training programs);
- Restrictive covenants, such as non-competition, non-solicitation, intellectual property use, and golden handcuffs;
- Trusts and estate planning;
- Strategic corporate transactions, including sales, acquisitions, restructurings and spin-offs, minority strategic buy-ins, and exit strategies; and
- Initial public offerings.