Family Offices

Finn Dixon & Herling LLP provides a broad range of legal services to family offices, drawing on practitioners from the various practice areas within the firm. For each client relationship, we endeavor to familiarize ourselves with applicable facts, circumstances, objectives, priorities, challenges and sensitivities, with a view to providing customized advice and services that are delivered in an optimal and “value add” manner.  When and as appropriate, we coordinate and collaborate with family members as well as family advisors (such as wealth managers, accountants, brokers, custodians, insurance experts, trusts and estates advisors, and public relations advisors).

We provide advice and assistance regarding the following matters:

Establishment / Operation of Family Office

  • Formation
    • Structuring and formation
    • Ownership, control and governance
    • Service provider arrangements (custodians, broker-dealers, administrators, swap counterparties, etc.)
    • Office space leases
  • Employee Matters 
    • Employment agreements
    • Compensation and benefits; profit sharing plans
    • Tax efficient structuring of equity compensation
    • Restrictive covenants
    • Termination and disputes
  • Family Office Exclusion
    • Availability and maintenance
    • Impact on family office structure, ownership, management and investment activities
    • Impact on management of employee assets
  • “Family Client” Arrangements
    • Investment vehicle structuring and set-up
    • Hedge funds, private equity funds, venture funds, funds of funds
    • Managed accounts
  • Conversions
    • From family office to investment adviser status
    • From investment adviser to family office status
  •  Multi-Family Offices 
  • Philanthropy – Charitable Foundations, Trusts
  • Coordination with Political Consultants, Public Relations Advisors, Accountants, Trusts & Estates Counsel and Other Advisors
  • Operational and Compliance Policies and Procedures 
  • Tax Planning and Analysis 
  • Commercial litigation

Investment Activities

  • Investment Transactions 
    • Private equity
    • Venture capital
    • Mergers & acquisitions
    • Debt instruments, convertible transactions and participations 
    • Investments in and allocations to third party asset managers (including seed/founder investments)
    • Joint ventures
    • Co-investments
  • Investment Fund Formation, Regulation and Operations
    • Hedge funds
    • Private equity funds
    • Venture capital funds
    • Funds of funds
  • Bankruptcy and Structured Workouts
  • Tax Planning and Analysis
  • Regulatory and Compliance Matters
  • Investment-Related Dispute Resolution, Litigation, Arbitration

Regulation, Compliance, Enforcement

  • Registration and Exemptions
    • Investment advisers
    • Broker-dealers
    • Commodity pool operators and commodity trading advisors
    • Licensing of firm personnel
    • Development and implementation of compliance policies and procedures
  • Offers and Sales of Securities
    • Securities Act of 1933; Regulation D / Regulation S / Rule 144A 
    • State securities laws
    • Private and public resales of securities
  • Markets and Trading
    • Securities Exchange Act of 1934
    • Large holdings -- Schedules 13D/13G, Forms 13F/13H, Forms 3/4/5
    • Insider trading and market manipulation
  • Government / Regulatory Examinations, Investigations and Enforcement
    • Preparation for governmental and regulatory examinations
    • Responses to information requests and subpoenas
    • Discussions / negotiations with governmental and regulatory authorities
    • Internal Investigations
    • Criminal and regulatory hearings, trials and appeals