JAMES C. MUNSELL is a partner in the firm’s Investment Funds, Advisers and Derivatives practice group in the New York office. Mr. Munsell counsels investment advisers and investment funds in connection with a broad range of corporate, securities, derivatives and regulatory matters. His clients range from small, closely held start-up investment management businesses to the investment management divisions of global financial institutions.
Mr. Munsell’s principal areas of practice include:
- Pooled investment product design and development;
- Private investment funds, including hedge funds, private equity funds and hybrids (domestic and offshore) using a broad range of investment styles and strategies and targeting a broad range of asset classes, including securities (equity, debt, convertibles, ABS, MBS, CMBS), loans, futures & derivatives, physical commodities, aircraft, tax liens, movies, life settlements, volatility and other asset classes;
- Public and private commodity pools;
- Public and private closed-end registered investment companies;
- Funds of funds;
- Private equity and hedge fund feeder funds and feeder fund platforms;
- Special purpose or single investment funds;
- Fund restructurings and workouts;
- Seed capital transactions;
- Secondary market transactions in interests in private investment funds;
- Regulation of investment advisers, commodity trading advisors, investment companies and commodity pools;
- Spin-outs and lift outs;
- Compensation plans;
- Organization and re-organization of closely-held investment management businesses, including the negotiation and drafting of organizational documents addressing economic sharing arrangements, management and control, and succession issues;
- Mergers and acquisitions of investment management businesses, including change-in-control transactions and acquisitions of minority interest; and
- Joint ventures between investment management businesses.
Mr. Munsell was involved in the successful development and launch of the first commodity pool to be listed on a securities exchange in the United States and continues to work on innovative commodity ETFs.
Mr. Munsell is part of Sidley’s Investment Funds, Advisers and Derivatives practice team that has won numerous top awards as a provider of legal services to the private funds industry: two-time winner of Chambers and Partners’ “Investment Funds Team of the Year for the U.S.”; Institutional Investor’s Alpha magazine’s 2014 Alpha Awards top “onshore” (U.S.) law firm serving the hedge fund industry; four-time recipient of first-tier national rankings in the U.S. News – Best Lawyers “Best Law Firms” rankings for Private Funds/Hedge Funds Law, and Derivatives and Futures Law; and ranked in the top band for Hedge Funds by Chambers USA every year since 2008.
Recent Speaking Engagements
- Panelist, “The Volcker Rule: Next Steps,” Sidley Austin LLP (January 2014)
- Panelist, Seeding Arrangements/Investment Manager Acquisitions, Private Funds 2013: Developments and Opportunities - Sidley Austin LLP Program (September 2013)
- Panelist, Fundamentals of Mutual Funds and Exchange-Trade Funds, Practising Law Institute (June 2012)
- Panelist, Fundamentals of Mutual Funds and Exchange-Traded Funds, Practising Law Institute (June 2011)