• videocam On-Demand Webinar
  • card_travel Corporate Finance
  • schedule 90 minutes

Private Equity Management Fees and Expenses: Avoiding Investor Claims and SEC Enforcement Actions

Lessons From Recent Claims and Penalties; Procedures and Disclosures to Improve Investor Confidence

About the Course

Introduction

This CLE webinar will instruct counsel for private equity (PE) fund managers on the disclosure issues and conflicts of interest associated with fund fees and expense allocations. The panel will discuss recent SEC actions and guidance and best practices in administration and reporting that will pass muster with investors and the SEC.

Description

The SEC continues to focus on fees, expenses, and conflicts of interest inherent in the PE manager role and has collected significant penalties from fund managers who fail to properly disclose fees, expenses, and conflicts of interest to their investors. These SEC actions provide guidance to fund managers and their counsel regarding practices to avoid and best practices for full disclosure. SEC findings reveal that the most common deficiencies relate to fees and expenses charged by managers of portfolio companies. Areas of focus include payments to consultants, shifting expenses during the fund's life, allocation of expenses, and hidden fees.

When reviewing fund investments, counsel to investors should use these enforcement actions as a roadmap for questioning fund managers about fee and expense allocations. Our faculty will highlight key case facts to illustrate where investor questions arise and where SEC scrutiny may focus to help you mitigate the risks of potential litigation and enforcement.

Listen as our authoritative panel of regulatory attorneys reviews fund fee and expense allocation deficiencies and the specific practices that have been identified as problematic. The panel will discuss best practices for reporting fees and expenses and due diligence for investors evaluating current and prospective investments.

Presented By

Brian D. Huber
Partner
Gunderson Dettmer Stough Villeneuve Franklin & Hachigian, LLP

Mr. Huber supports venture capital and growth equity fund managers on all aspects of the fund lifecycle. He has significant experience advising fund managers on issues related to fundraising, GP management,  and economics, including the tax and structuring aspects of fund formations and investments globally. He helps clients navigate complex matters in the evolving legal and regulatory landscape, such as the impact of recent tax reform on investment and organizational decision-making. He also has significant experience advising fund managers and investors in connection with secondary purchases and sales of fund interests.

William LeBas
Partner
Simpson Thacher & Bartlett LLP

Mr. LeBas maintains a broad and diverse practice, advising clients on regulatory and compliance matters, as well as on fund formation and fundraising and regulatory aspects of significant transactions. He has significant experience advising leading managers on regulatory and compliance matters, with a primary focus on helping firms to comply with the Investment Advisers Act. 

Joseph M. Mannon
Partner, Chair of Private Fund Formation
Vedder Price

Mr. Mannon is Chair of Vedder Price's Private Fund Formation group and a member of the firm's Investment Services group. He focuses his practice on legal and compliance matters for investment advisers, mutual funds, closed-end funds and unregistered vehicles such as hedge funds, hedge fund of funds and other investment entities. With regard to unregistered vehicles, he frequently counsels clients on fund formation and structuring matters for funds organized both in the United States and abroad. He also counsels clients on issues relating to commodity trading advisers and commodity pool operators. Mr. Mannon has substantial experience in regulatory and compliance matters affecting investment advisers, including registration and marketing, such as compliance with Global Investment Performance Standards (GIPS), as well as in drafting compliance policies and procedures. He counsels advisers on trading agreements, including brokerage and derivatives agreements. He also conducts mock Securities and Exchange Commission (SEC) examinations and represents clients before the SEC and other regulators in examinations and investigations. He also spends significant time counseling registered and unregistered investment company boards.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, July 9, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Overview of SEC oversight and authority concerning PE funds

II. Notable SEC enforcement actions on undisclosed fees and expenses

A. Payments to consultants

B. Shifting expenses during fund's life

C. Characterization of expenses

D. Hidden fees

III. Investor due diligence

IV. Best practices in formulating and disclosing PE management fees and expenses

The panel will review these and other key issues:

  • What are the stated priorities of the SEC in examining fund managers' fees and expenses?
  • What particular fee and expense practices has the SEC identified as deficient with respect to disclosure to investors?
  • What due diligence steps should investors take in light of the SEC audit findings?
  • What steps should funds take to review fee and expense practices to ensure investor confidence?