Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 80 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
As contemplated by the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Securities and Exchange Commission has just proposed for public comment a new rule to exempt "family offices" from the requirements of the Investment Advisers Act of 1940.
Most persons hired by wealthy families to offer full-time investment, tax and other financial advice have relied on the so-called "private adviser exemption" to avoid registering as an investment adviser under the Investment Advisers Act. That exemption applies to persons or entities that provide investment advice to fewer than 15 clients in a 12-month period and that do not hold themselves out to the public as investment advisers. In an effort to require hedge funds and other advisers to register under the Investment Advisers Act, a provision in the Dodd-Frank Act removed this exemption, effective July 21, 2011. But the Dodd-Frank Act provides for an exclusion from the definition of "investment adviser" under the Investment Advisers Act for a "family office" to be defined by an SEC rule.
The SEC's proposed rule generally defines a "family office" as any entity that (1) provides investment advice only to "family clients," (2) is wholly owned and controlled by "family members" and (3) does not hold itself out to the public as an investment adviser.
As also defined in the proposed rule, "family client" includes "family members" as well as (1) certain trusts, estates, charitable foundations and other organizations, and entities (including pooled funds) established by and funded exclusively by, existing for the exclusive benefit of, or owned and controlled exclusively by one or more family members or other family clients, and (2) certain key employees of the family office. The proposed rule defines "family members" broadly to include not only the persons typically considered to be part of an immediate family and lineal descendants, but also parents, stepchildren, spousal equivalents, siblings and former family members (to the extent of investments made while family members).
The proposed rule also distinguishes a "family office" from a "family-run office," which must register under the Investment Advisers Act because it provides financial services to clients other than "family clients." It is also important to note that the proposed rule does not exempt a firm that provides investment advice to more than one family.
To review the proposed rule, click here. The SEC will receive comments on its proposed rule until Nov.18, 2010.
If you have any questions concerning the new proxy rules, please contact Richard A. Tulli (email@example.com or 214.999.4676) or Rick Jordan (firstname.lastname@example.org or 214.999.4839) in our Dallas office, Eric A. Blumrosen (email@example.com or 713.276.5533) in our Houston office, or any other member of the Gardere Securities Team or the Gardere Private Equity Team.
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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