practices
Options
practices
Private Equity
Print PDF

As a core practice of Jones Walker LLP, our private equity and venture capital team regularly represents private equity and venture capital funds, investors, and their portfolio companies. We have deep roots and experience representing clients across the southeastern United States and understand the unique business, legal, and economic environment facing industries in this region. 

Local Knowledge, National, and International Services

We have an extensive network of connections in the international, national and regional business, legislative and regulatory communities that can help clients bridge the gap between stakeholders, investors, and agency officials.

  • To help clients achieve desired business outcomes across the Southeast, we draw on our substantial, long-term presence in major cities such as Atlanta, Baton Rouge, Birmingham, Houston, Lafayette, Mobile, and New Orleans
  • To help clients exploit opportunities across the country and worldwide, we also leverage the full resources of our offices and attorneys practicing in Florida, New York, Ohio, and Washington, DC

Experience in Established and Growth Industries

In addition to sophisticated legal counsel, private equity groups and their portfolio companies need advisors with in-depth understanding of the industries in which they operate and the unique regulatory challenges and market conditions they confront. While we handle transactions for a wide variety of industries, we have developed critical experience in the following capital-intensive industries:

  • Oil and gas
  • Maritime transportation
  • Energy and energy services
  • Marine construction
  • Financial services
  • Healthcare
  • Gaming and hospitality
  • Real estate

Our firm's developed experience in these growing and highly regulated industries value far beyond our considerable transactional experience.

Recognized for Excellence and Quality Client Service

In business, reputation is paramount. Similarly, to help open doors that might otherwise be closed and negotiate the best possible transaction terms, businesses require legal advisors known for their skill, high-quality service, and relentless pursuit of client goals. At Jones Walker, our attorneys are recognized among the most trusted practitioners in the Southeast.

  • Members of our team have been named in The Best Lawyers in America 2013 as "Lawyer of the Year" in Venture Capital Law and related disciplines
  • Our private equity, venture capital, securities, and other practices have been ranked at the top in markets across the Southeast and nationally by U.S. News & World Report-Best Law Firms and Chambers USA

Effective Fund Representation at Every Step

We understand that each client pursues its goals within the context of specific challenges, opportunities, and market forces. As an integral part of a full-service law firm, our private equity and venture capital team has the core resources and experience needed to represent private funds and their investors in meeting challenges and pursuing opportunities at every step, including:

  • Portfolio company acquisitions, capitalization, and financing
  • Operational matters and liquidity events
  • Regulatory compliance
  • Fund structure, formation, and capitalization
  • Investments in private funds

Portfolio Company Services

Our attorneys are known for their effective representation of companies in connection with private equity investments. To help them make the most of their investments, our private equity fund clients also retain Jones Walker to handle portfolio company matters, including the following:

  • Structuring, negotiating, and financing acquisitions, including roll-ups of fragmented industries
  • Formulating and implementing executive compensation and employee incentive arrangements
  • Addressing tax, labor, antitrust, litigation, and industry-specific operational issues
  • Structuring and negotiating private sales or alternative transactions offering liquidity to investors
  • Resolving conflicts of interest between the fund and portfolio company
  • Managing litigation and other disputes

We advise clients on structuring and financings for portfolio companies:

  • Public and private placements of common and preferred stock
  • Senior and mezzanine debt placements
  • 144A offerings, bond offerings, securitizations, and high-yield debt offerings
  • Leveraged buyouts
  • Non-control, passive investments
  • Leveraged recapitalizations
  • Transactions in conjunction with distressed situations and bankruptcy proceedings

Regulatory Compliance

In a post-Dodd-Frank world featuring heightened regulatory scrutiny, compliance is a paramount concern for private funds. Our team of investment management legal services and securities lawyers add critical structural and regulatory experience to our private funds practice:   

  • Federal and state securities laws, including evolving JOBS Act rules and interpretations
  • The Dodd-Frank Act and its evolving rules and interpretations
  • The Investment Company Act of 1940
  • The Investment Advisers Act of 1940
  • Investment advisor and broker-dealer registration
  • Bank regulation

Fund Formation

Effective fund formation can often make the difference between success and failure. Our team counsels clients on the creation and establishment of a full range of on- and off-shore, venture, accelerator, growth, leveraged buy-out, distressed debt and vulture, mezzanine, and industry-specific funds. We represent primarily middle-market investment funds in all aspects of fund formation:

  • Preparing private offering documents
  • Developing fund structures that are tax efficient and facilitate investments by foreign investors, funds of funds, ERISA plans, government plans, and other specialized investors
  • Negotiating with investors and advising sponsors with ongoing investor relations issues
  • Structuring general partner relationships
  • Developing and structuring side-car funds, alternate investment vehicles, parallel funds, blocker entities, and other similar affiliated entities

Investor Representation

In addition to representing private funds, we represent high-net worth individuals, family offices, endowments, foundations, pensions funds, and other institutional investors in connection with investments in private funds. For institutional investors, the depth and breadth of our experience enables us to proactively identify significant issues and to formulate practical solutions to complex tax, ERISA, and other challenges. 

Government Relations

Our government relations practice augments our capabilities by providing insight and in depth industry specific intelligence on public policy issues in Washington, DC and in state capitals. Clients value our sophisticated understanding of public policy development at both state and federal levels and our experience in:

  • Congressional procedures and state legislative matters dealing with key industries
  • Guidance on how their transactions are affected by the full range of the regulatory structure
  • Development of public policy and acting to support or oppose legislative initiatives

Cross-Disciplinary Approach

Private equity transactions are complex and involve a number of legal issues. To ensure that these concerns are accounted for and managed, we draw on the full-service capabilities of the entire firm and seasoned attorneys from all of Jones Walker's core practice areas. We are a right-sized firm; that is, we have personal knowledge of our colleagues' abundant professional capabilities. They are not just names on a large organizational chart. Our internal relationships enable us to provide seamless, coordinated counsel without the inconvenience and occasional oversights that may occur when working with other, larger firms.

Value is More Than a Number

At Jones Walker, we understand that companies want value first and foremost. As an emerging national law firm, we offer clients the best of all worlds—top-quality service at reasonable fees—and we have a proven track record helping clients meet their business objectives efficiently.

News