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Private Equity & Finance

The Private Equity space has become more dynamic and diverse since its recovery began accelerating out of the great recession.

PE firm portfolio companies continue to dramatically outperform comparable public companies – expanding EBITDA by more than 12% mainly through organic growth and buy-and-build strategies.

Today, the era of financial ‘engineering’ is long gone as high valuations and market conditions have made it difficult to simply invest in add-on acquisitions and then exit with significant gains in multiples. Partners now expect to see operational changes in portfolio companies as a path to increasing asset value.

The name of the game is cost reduction, revenue enhancement and productivity gains. Portfolio company leaders and their teams must maintain clear alignment with the PE firm’s strategic imperatives and growth agenda.

While private equity clients have always resisted getting into the weeds on legal issues, tax matters continue to be front and center among a host of important factors to be managed.

FGD Law offers a highly-seasoned team steeped in the private equity and finance sector who understand what’s important to PE firm partners – especially in the post-recession market context. We are uniquely equipped to pinpoint unforeseen exposures and provide creative problem solving on issues impacting deal flow without damaging the prospects for deal closure.

In addition to our work with PE firm partners, our team advises individual investors, angels and small venture funds in their formation, growth and asset management strategies.

In addition to our core legal services, we assist with:

Private Financings and Investment Funds
Our attorneys have strong connections to debt, equity and other financing sources, including experience in state and federal grants, loans, contracts and the SBIR programs. We collaborate with company leaders on sourcing to closing.

The FGD team also offers expertise in the formation of an investing entity to support angel investors or an angel group; a venture capital, private equity or hedge fund; or a secondary fund. We can help you with the preparation of offering documents, in navigating the fundraising process, forming a general partnership, conducting investment due diligence and in acquiring targets, including secondary fund interests.

Alternative Investment Representation
FGD Law represents high-net-worth investors or those heading an endowment, foundation, private pension plan or other institutional vehicle. We work with you from your initial targeting and the due diligence through liquidation of the fund or your earlier disposition of the interest as a secondary transaction.

If you are reviewing investment opportunities in hedge, PE or VC funds, real estate funds, opportunity funds or other similar vehicles, our expertise may be applied to the legal due diligence – including navigation of the investment process, completion of subscription materials, negotiating side letters and fund amendments, and reviewing ancillary documents that might require action during the life of the fund.

Mergers, Acquisitions and Liquidation Events
The FGD team can help develop the strategies and execute the transaction when a client determines that an acquisition or merger with a competitor makes sense. We may also help you create a subsidiary or an affiliate to own certain assets or cater to different audiences. Furthermore, we may assist when you desire to sell a business as an exit strategy.

In other cases, sometimes funding or customers have been too hard to find, thus requiring your company to sell off its assets, assign them to creditors or file for bankruptcy or dissolution. The FGD team recognizes the difficulty of such a situation and its impact upon the management team, employees, the board and investors. We offer extensive experience in such situations, especially in helping you maximize the value of the entity and conduct an efficient wind down.

How May We Help? NextStep@fgd-law.com