BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month January 12, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Banking and Finance
  • schedule 90 minutes

Representing First- and Second‑Time Fund Sponsors: Legal, Structural, Fundraising, and Regulatory Considerations

  • videocam Live Online with Live Q&A
  • calendar_month January 12, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Banking and Finance
  • schedule 90 minutes
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Description

First-time (or emerging) funds are newly established private equity firms or managers launching their first fund, while second-time sponsors are firms that have successfully raised a previous fund and are now launching a follow-on fund. Some of the common characteristics of new sponsors are smaller fund size, limited track record, lean infrastructure, and heavier reliance on key service providers. 

One of the key challenges with emerging funds is recognizing what regulations apply to the fund. Emerging funds must examine whether they qualify as exempt reporting advisers under SEC rules and establish right‑size compliance infrastructures, as well as plan for a transition to full registration as fund assets grow. Also, emerging funds and sponsors must analyze their legal and structural framework to ensure their activities comply with Regulation D of the Securities Act, the SEC's Marketing Rule, the Investment Company Act, the Investment Advisers Act, ERISA, and various state laws. 

Fund economics, structure, and documentation also require careful planning and analysis to manage expectations of fund sponsors and provide transparency at the onset of the fund. Counsel representing an emerging fund will want to carefully consider the choice of entity, jurisdiction, and core entities of an emerging fund as well as the distribution waterfall and allocation of expenses. 

Listen as our authoritative panel reviews the key considerations when establishing an emerging fund and provides guidance for navigating the myriad of regulatory and legal issues to ensure compliance throughout the fund's life cycle. 

Presented By

Allie Itami
Partner
Lathrop GPM

Ms. Itami specializes in employee benefits and is known for providing comprehensive counsel on fiduciary compliance under ERISA and the Internal Revenue Code. With a profound understanding of state regulations impacting public employee benefits, she collaborates with many clients including insurance companies, banks, broker-dealers, registered investment advisors (RIA) and technology providers, to develop innovative retirement and health products. Also, a trusted advisor on data privacy and cybersecurity issues, Ms. Itami advises clients crucially on how to navigate complex regulatory landscapes. She extends her advocacy to impact proposed regulations and secure exemptions crucial for fiduciary investment advice and welfare benefit insurance arrangements.

David J. Kim
Partner
Lathrop GPM

Mr. Kim brings more than two decades of experience providing advice to founders and early-stage companies in securing venture capital financing to support high growth, scalable business models. He advises fund sponsors, family offices and companies in venture capital and other private equity transactions across numerous industries, including fintech, insurance, animal health, transportation and distribution, automotive, medical device, hospitality and manufacturing. Mr. Kim works with companies at all stages from pre-seed and formation through later stages and pre-IPO. He also often serves in a corporate counsel role for private companies, guiding senior leadership and boards through strategic legal and business decisions.


Jane Trueper
Counsel
Lathrop GPM

Ms. Trueper’s practice focuses on business transactions involving alternative entities, including limited liability companies, partnerships (limited and general) and statutory trusts. She provides guidance to clients in all aspects of the operation of alternative entities, including advising on their formation, governance, reorganization, contract interpretation, fiduciary duties and dissolution. Prior to joining the firm, Ms. Trueper practiced in the Delaware office of a Silicon Valley-based law firm where she advised a variety of clients, including founders, investors and public and private companies, on matters of Delaware law relating to fiduciary duties, M&As, corporate restructurings, equity issuances and financings and formation, winding up and liquidation of limited liability companies and partnerships.

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


  • Live Online


    On Demand

Date + Time

  • event

    Monday, January 12, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Introduction: key characteristics and challenges of emerging funds

II. Exempt reporting advisers and regulatory landscape

III. Fund structure fundamentals

IV. Fund economics

V. Fundraising and marketing

VI. Core fund documents

VII. Managing conflict and governance

VIII. Regulatory framework

IX. Tax and investor considerations

X. Practitioner pointers and key takeaways

The panel will review these and other key considerations:

  • What are the current market drivers behind the increased growth of emerging funds?
  • What are key regulatory considerations when establishing and maintaining an emerging fund?
  • What should an emerging fund consider when deciding on choice of entity and jurisdiction?
  • What are the core fund documents with an emerging fund, and what are some key drafting strategies?
  • What are the tax and investor considerations that emerging funds must consider?