Kevin is the co-leader of the global Private Investment Funds Group of McGuireWoods and concentrates his practice on advising sponsors of private investment funds on private fund structuring, fund formation and fund raising, as well as SEC and state-level investment adviser registration and a wide range of regulatory compliance matters. He also represents institutional investors, including funds-of-funds, insurance companies and sovereign wealth funds, regarding their investments in private funds.
Kevin has assisted his institutional clients and private investment funds in a variety of areas:
- Setting up onshore and offshore funds, including buyout, mezzanine, oil and gas, venture capital, and hedge funds
- Structuring non-traditional, goal-focused investments, including funds-of-one, separately managed accounts, individually managed accounts and other creative structures
- Filing investment adviser registrations in compliance with federal and state laws, including SEC registration in compliance with the Investment Adviser’s Act of 1940 following the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act
- Structuring and carrying out various transactions on behalf of private investment funds, including leveraged buyouts, acquisitions and divestitures, control and minority investments, senior and mezzanine debt financing, venture capital investments, and recapitalization transactions
Kevin brings first-hand entrepreneurial knowledge to his client practice, having founded and served as president of a small business for which he had overall management responsibility.
Experience
- Represented fund sponsor in formation of buyout fund focused on complex and special situations across all industries.
- Represented fund sponsor that has previously managed multiple CAPCOs in formation of a traditional debt fund focused on small businesses.
- Represented fund sponsor who has spun out of another venture capital fund in the formation of a micro-venture capital fund.
- Represented fund sponsor in formation of second private investment fund focused on upstream oil and gas investments.
- Represented large multi-fund sponsor in formation of domestic and offshore funds focused on middle market subordinated debt and equity investments, including structuring of both individually managed accounts and an offshore fund-of one that invests in parallel with the primary fund.
- Represented fund sponsor in formation of mezzanine fund focused on investments in clean-tech.
- Represented new fund sponsor in formation of SBIC mezzanine fund.
- Represented fund sponsor in formation of hedge fund focused on merger arbitrage opportunities, and related investment adviser registration.
- Represented new fund sponsor in formation of mezzanine fund.
- Represented fund sponsor in connection with formation of venture capital fund focused on investments in the green-technology space.
- Represented new fund sponsor in formation of private equity fund focused on distressed debt investments and senior lending to developers in the U.S residential real estate sector.
- Represented fund sponsor in formation of sponsor’s third SBIC mezzanine fund.
- Represented new fund sponsor in formation of private equity fund focused on leveraged buyouts in the energy services sector.
- Represented new fund sponsor in formation of private investment fund focused on upstream oil and gas investments.
- Represented private equity and hedge fund principals in connection with various internal fund matters, including negotiation and structuring of participation in general partner and investment manager entities, and negotiation and structuring of withdrawals, departures, redemptions and transfers.
- Represented manager of hedge fund of funds in connection with solicitation activities and compliance with federal and state investment adviser and broker-dealer regulations.
- Represented investment adviser to hedge fund in connection with initial federal registration as an investment adviser.
- Represented hedge fund manager to domestic and offshore hedge funds in connection with structuring of arrangements with solicitors and finders and compliance with investment adviser and broker-dealer regulations.
Fund Formation – Investor Representation
- Represented large national insurance company in connection with anchor investment in private equity fund.
- Represented large diversified financial conglomerate in connection with investments in private funds, including both traditional LP investments and fund-of-one structures.
- Represented sovereign wealth funds in connection with investments in both U.S. and foreign private funds.
- Represented large publicly-held financial firm in connection with anchor investments in multiple SBICs.
- The University of Texas at AustinMBAFinance and Accounting1995
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The University of Texas School of LawJD
with Honors
1995 - The University of Texas at AustinBAComputer Science1991
Member, Negotiated Acquisitions Committee, Private Target M&A Deal Points Study Taskforce of the M&A Market Trends Subcommittee, Venture Capital and Private Equity Committee, Federal Regulation of Securities Committee, American Bar Association
Member, Venture Capital and Private Equity Committee of Business Law Section, Chair, Communications Sub-Committee of the Venture Capital and Private Equity Committee of Business Law Section, Texas Bar Association
Member, Dallas Bar Association
Member, Board of Directors, Association for Corporate Growth, 2003-2004
Member, Advisory Board and Board of Directors (2002 – 2008), President, 2003, DFW Center for Autism
- Speaker, Emerging Manager Conference, Dallas, TX, April 16-17, 2024
- Moderator, "Nuts and Bolts of Different GP Stakes/Seed Structures," Emerging Manager Conference, Dallas, TX, May 17, 2023
- Panelist, Strategic Risk & Compliance Trends for Private Equity, McGuireWoods LLP Webinar, November 10, 2015
- Panelist, "Managing and Running a PE Firm," Capital Raising and Deal Making in 2014, September 10, 2014
- Speaker, "Navigating Recent SEC Guidance on Custody Rule, Qualified Client Status, Knowledgeable Employees, Use of Social Media and CCO Liability," Private Fund Managers, Strafford Live CLE Webinar, September 9, 2014
- Co-chair and Moderator, 2012 Private Equity Funds Symposium, The University of Texas at Dallas, October 25, 2012
- Panelist, "Dodd-Frank: 2 Years Later," THE CFA Society of Washington, D.C., October 3, 2012
- Co-chair, "The Private Equity C-Level Summit," Financial Research Associates, October 19, 2011
- Speaker, "How Dodd-Frank is Changing the World of Private Equity and Venture Capital Transactions and Fundraising," Texas CLE Program, June 16, 2011
- Speaker, "Understanding the Investment Advisers Act and Its Impact on Fund Managers - Registration and Compliance After Dodd-Frank," Texas CLE Program, June 16, 2011
- Working Group Member, "2009 Private Target Mergers & Acquisitions Deal Points Study," Mergers and Acquisitions Committee, American Business Law Section, December 1, 2009
- Texas
Selected for inclusion as a “Leading Lawyer,” Investment Funds: Private Equity Funds, Texas, Legal 500 US, 2018
- Author, SEC Enforcement Chief Andrew Ceresney Discusses CCO Liability, McGuireWoods Legal Alert, December 15, 2015
- Author, 6 Key Takeaways from McGuireWoods’ Latest Strategic Risk & Compliance Webinar, McGuireWoods Legal Alert, November 23, 2015
- Author, SBA Releases SBIC Funds Limited Partners’ Recertification Notice, McGuireWoods Legal Alert, June 9, 2015
- Author, The SEC’s 2015 Examination Priorities: Implications for Private Equity Fund Managers, McGuireWoods Legal Alert, February 5, 2015
- Author, SEC Seeks Serious Penalties Against Sands Brothers and its Senior Officers for Alleged Repeated Custody Rule Violations, McGuireWoods Legal Alert, January 5, 2015
- Author, SBIC Advisers Relief Act of 2014 Lowers Regulatory Costs of SBIC Advisers, McGuireWoods Legal Alert, December 9, 2014
- Author, SEC Charges Private Equity Fund Adviser with Misallocation of Portfolio Company Expenses, McGuireWoods Legal Alert, November 5, 2014
- Author, Fall 2014 SBIC Debenture Coupon Rates Move Lower to 3.015%, McGuireWoods Legal Alert, September 26, 2014
- Co-author, "Lessons From SEC Focus On Compliance Officers," Law360, August 18, 2014
- Author, SEC Guidance on Liability of Compliance Officers: Lessons from Recent Cases, McGuireWoods Legal Alert, August 13, 2014
- Co-author, "SBIC Weekly Expert Author Series – How to Distinguish Your Offer at Auction With Representations and Warranty Insurance," SBIC Weekly, July 31, 2014
- Author, SEC Guidance: Applying Custody Rule to Private Equity Scenarios Involving SPVs, Escrow Accounts, McGuireWoods Legal Alert, July 16, 2014
- Co-author, "SBIC Weekly Expert Author Series – Q&A on the SBIC Today," SBIC Weekly, June 19, 2014
- Author, SEC Private Funds Unit Managers Speak on SEC Exams, McGuireWoods Legal Alert, June 13, 2014
- Author, SBIC Funds Limited Partners’ Recertification Notice, McGuireWoods Legal Alert, May 27, 2014
- Author, The SEC Focuses on Private Equity Managers’ Fees and Expenses, McGuireWoods Legal Alert, May 12, 2014
- Author, SBA Extends Deadlines for 2014 Early Stage SBIC Applicants, McGuireWoods Legal Alert, April 4, 2014