Barbara Niederkofler
Partner
Areas of Focus
- Hedge Funds
- Credit Funds
- Emerging Markets Funds Transactions
- Energy & Natural Resources Funds
- Seeding Transactions
- Real Estate & Infrastructure Funds
- Investment Management
- Private Funds Liquidity Solutions
- Energy & Infrastructure
- Sovereign and Government Investors
- Joint Ventures & Strategic Alliances
- Technology
- Digital Assets, Cryptocurrency & Blockchain
- Fintech
- Institutional Investors
- Fund Formation
- Fund Manager Transactions
- Global Investment Adviser Regulatory
- Private Equity Transactions
- Private Equity
- Private Capital
- Represents fund managers and investors with a global presence in relation to fund formation, regulatory, ongoing compliance and maintenance issues.
- Particular focus on complex structuring across the spectrum of funds, including hedge, private equity, credit, hybrid and evergreen funds.
- Advises on innovative alternative structures and bespoke solutions.
- Counsels on fund restructuring transactions, recapitalizations and other liquidity solutions.
Barbara represents some of the most prominent private equity and hedge fund sponsors, as well as a broad range of other investment clients, including credit funds, hybrid funds, evergreen funds, family offices, sovereign wealth funds and other institutional investors.
With a highly diversified funds practice, Barbara is among an elite group of investment management lawyers with deep experience across the full spectrum of funds. She advises on complex structuring and provides bespoke solutions to a wide variety of funds and managers and at every stage of the investment lifecycle.
With a cutting-edge practice, Barbara provides counsel on the emerging issues that are top of mind for fund managers. Investors adopting evergreen and hybrid funds rely on Barbara for her innovative approach and bespoke fund offerings. In her practice representing sovereign wealth funds, Barbara advises on setting up their funds and regulatory compliance.
Barbara’s practice focuses on the formation and operations of private investment funds along the liquidity spectrum, including:
- Structuring funds and managers in multiple jurisdictions.
- Providing guidance on fundraising and solicitation issues.
- Advising on seed arrangements, spinouts, joint ventures and “upper-tier” arrangements.
- Handling registrations and exemptive filings under securities and commodities laws with regulators, including the Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC) and the National Futures Association (NFA).
- Advising on ongoing maintenance of fund structures, as well as compliance issues for managers.
Barbara has substantial experience with all aspects of investment adviser compliance and registrations. She has extensive experience in relation to the Investment Advisers Act of 1940, and she regularly advises clients with respect to compliance and examinations.
In addition, Barbara has capabilities on the limited partner (LP) and general partner (GP) aspects of her funds practice.
LanguagesFrench
Italian
German
French
Italian
German
EducationJ.D., Harvard Law School, 2003
B.A., Yale University, summa cum laude, 2000
J.D., Harvard Law School, 2003
B.A., Yale University, summa cum laude, 2000
Bar AdmissionsNew York
Solicitor, England and Wales
New York
Solicitor, England and Wales
- Diversity Journal, Women Worth Watching, 2020.
- Chambers USA, Investment Funds: Hedge Funds, 2024.
- The Legal 500 US, Private Equity Funds (including Venture Capital), 2021 and 2024; Alternative/Hedge Funds, 2023-2024.
- Co-Chair, Women’s Firmwide Resource Group
- Panelist, "Advanced Analysis of Hybrid Funds," PLI Advanced Issues in Private Funds, July 2024.
- Panelist, “Tips and Lessons Learned from Voices of Experience,” HFM Middle East Summit, May 2024.
- Panelist, “US Regulatory Update,” GAIM Ops Cayman, April 2024.
- Panelist, “New Challenges for Private Fund Managers,” Akin AI Summit, February 2024.
- Panelist, “The New Marketing Rule: Where Are We Now?,” Women in Funds, July 2023.
- Panelist, “State of Play: SEC Regulatory Agenda & Post Brexit Outlook,” MFA Legal & Compliance London, October 2022.
- Panelist, “In Focus: The SEC & Private Markets,” MFA Legal & Compliance, May 2022.
- Panelist, “PE Funds: Recent Terms & More,” ACIC Fall Annual Meeting and Education Conference, October 2021.
- Panelist, “Global Jersey: Stability Meets Innovation in an Evolving Funds Landscape,” Jersey Finance, July 2021.
- Panelist, Breakfast Roundtable for Investment Managers, New York, November 2019.
- Panelist, “Recent US and Cayman Islands Regulatory Changes,” AIMA Fund Manager Briefing, New York, October 2019.
- Panelist, “Global Enforcement Review 2018,” Duff & Phelps Global Enforcement Review Seminar and Networking, Hong Kong, October 2018.
- Panelist, “U.S. Regulation: The New Administration—One Year,” Maples Investment Funds Forum, Grand Cayman, February 2018.
- Speaker, “Navigating Through the Amended Form ADV and Recent SEC Priorities,” AIMA Fund Manager Training, London, May 2017.
- Panelist, “Marketing to EU Investors,” FinanceMalta, New York, December 2016.