A hedge fund that takes a minority equity position in a U.S. public company may encounter a variety of complex issues under the federal securities laws and other investment-related statutes. This memorandum considers the most important of these U.S. legal issues from the perspective of an equity investment’s lifecycle: establishing, maintaining and exiting the position.
This article was recently reprinted in the Hedge Fund Law Report, Volume 2, Number 2, on January 15, 2009.