133 Federal Street

Boston, MA 02110

(617) 439-9800

225 Broadway, Suite 1515

NY, NY 10007

(212) 493-3100

Pollack Solomon Duffy LLP

Private Equity and Hedge Fund Litigation

PSD lawyers have represented numerous private equity funds, hedge funds, asset management companies and their executives, portfolio companies and constituents in litigations and arbitrations involving disputes unique to and common in the industry.
PSD has deep experience in claims by limited partners and investors, regulatory investigations, limited partnership contract disputes, clawback collection, general partner fiduciary duty issues, and acquisition, earnout and exit disputes. Our lawyers have appeared in various state and federal courts around the country for these matters, as well as before FINRA arbitration panels. PSD’s investigative efforts have helped frame disputes in ways that have resolved them promptly.
PSD lawyers have led the following sample representations in recent years:

  • Obtained a New York judgment for New England-based private equity funds with more than $1 billion under management, within months of commencing litigation, including a return of an earnout escrow and purchase consideration from the portfolio company founder in the behavioral health industry, by uncovering competitive activities of the founder.
  • Collected more than $8 million in clawback obligations from former fund managers of an affiliate of an asset management company with more than $7 billion under management.
  • Won summary judgment on behalf of large international fund against fraud claim seeking eight-figure damages brought by a prominent group of domestic investment funds.
  • Recovered high seven-figure settlement in Florida case from old equity who competed with an entity formed by the private equity fund to operate assets acquired out of bankruptcy proceedings.
  • Successfully defended an analyst of an asset management company with more than $3 billion under management, in a parallel SEC and DOJ investigation into the use of public board members as paid experts.
  • Obtained on behalf of private fund the dismissal of tortious interference claims against it in Oklahoma based on its acquisition of assets in a section 363 sale out of bankruptcy proceedings allegedly in violation of exclusivity rights of a competing suitor.
  • Resolved several threats of claims against large private funds before litigation without payments.
  • Represented private fund in course of investigation by international banking agency concerning alleged theft of trade secrets, which led to no action against or consequences for PSD’s client.
    This practice area is led by PSD partner Barry Pollack.