Ira Phillip Kustin
Partner
Areas of Focus
- Investment Management
- Fund Formation
- Hedge Funds
- Credit Funds
- Fund Manager Transactions
- Seeding Transactions
- Private Funds Liquidity Solutions
- Global Investment Adviser Regulatory
- Institutional Investors
- Focuses on advising sponsors of, and investors in, complex hedge, credit and private equity funds.
- Regularly counsels private fund advisers on international investment platforms, including in Europe, Asia and Latin America.
- Clients range from market-leading global asset managers to start-ups, mid-sized and larger managers.
Ira focuses his practice on representing sponsors and investors in complex hedge, credit and private equity funds. He provides counsel to private fund advisers on international investment platforms, including in Europe, Asia and Latin America. Ira’s clients include market-leading global asset managers, start-ups, and mid-sized and larger managers.
Ira has extensive experience counseling established, global investment advisers, as well as start-up managers on most aspects of their operations and regulatory compliance matters. He advises investment fund managers faced with complex restructurings, succession planning, crisis/conflict resolution and consent solicitations.
Ira’s practice includes advising clients on the structuring of arrangements between investment managers’ principals, seeding transactions, co-investment and secondary transactions, and LP-side investments in private funds.
Ira’s principal areas of practice include:
- All aspects of the structuring, formation and closing of hedge, private equity and hybrid investment funds.
- Counseling private fund advisers in connection with international investment platforms with a particular focus on Europe, Asia and Latin America.
- Assisting managers with fundraising from a global institutional investor base in conjunction with international offices throughout the firm and local counsel in select jurisdictions.
- Advising fund managers regarding non-U.S. registration, reporting and compliance matters in conjunction with local counsel.
- Providing advice to non-U.S. investment advisers regarding U.S. private offerings, SEC registration and related matters.
- Negotiation of platform arrangements between private fund managers and commercial banks, placement agents and similar parties.
- Private tender offers for interests in unregistered investment funds.
- Negotiation of managed account arrangements and single-investor funds.
- Registration of investment advisers under the Investment Advisers Act of 1940.
- Counseling advisers in connection with various forms of inquiries and examinations by the SEC and other regulators.
- Structuring and negotiation of economic and governance arrangements among fund manager principals.
- Implementation of carry-plan documentation and other incentive arrangements.
- Secondary market transactions involving hedge and private equity fund interests.
Ira also has experience as an expert witness in court proceedings involving private fund matters and has been certified by a federal court as an expert in the operation of private investment funds/advisers and private fund legal practice.
Prior to rejoining Akin, Ira was a partner in the New York office of another leading global law firm.
“Ira is an excellent lawyer who is responsive and practical.”
Chambers USA, 2024
EducationJ.D., New York University School of Law, 1999
B.A., University of Cincinnati, magna cum laude, 1996
J.D., New York University School of Law, 1999
B.A., University of Cincinnati, magna cum laude, 1996
Bar AdmissionsNew York
New York
- Chambers USA, Hedge Funds, 2021-2024.
- Chambers Global, USA Hedge Funds, 2022-2024.
- The Legal 500, Investment Fund Formation & Management—Alternative/Hedge Funds, 2021.
- Chairman and Moderator, numerous panels discussing “Trends in Hedge Fund Structuring,” “Regulatory Overview,” “Diversity and Inclusion” and “Hedge Funds In-House Counsel,” Practising Law Institute (PLI) Hedge Fund Management Program, October 2024.
- Speaker, “Fund Owner Departures + Upper Tier Arrangements,” TalksOnLaw, August 2024.
- Speaker, Regulatory Update Panel, Goldman Sachs Alternative Asset Managers Insights Forum, May 2024.
- Speaker, 4th Annual LP/GP Connect CFO/COO Private Debt Conference NYC, November 2023.
- Chair/Speaker, Practising Law Institute (PLI) Hedge Fund Management Program, October 2023.
- Speaker/Panelist, “Cybersecurity for Private Funds,” 24th Annual Practising Law Institute (PLI) Private Equity Forum, April 2023.
- Speaker, “Credit Fund Trends,” Maples Investment Funds Forum, February 2023.
- “If a Recession Occurs, How Can Private Fund Managers be Prepared?” Hedge Fund Law Report, October 2022.
- Chair/Speaker, Practising Law Institute (PLI) Hedge Fund Management Program, October 2022.
- Speaker, “New SEC Rules for Private Fund Advisers,” Strafford Webinars, August 2022.
- Speaker, “Private Fund Management: Investors, Lenders and Regulators,” Strafford Webinars, April 2022.
- Speaker, “SEC 2022 Risk Alert for Private Fund Advisers,” TalksOnLaw, January 2022.
- Speaker, “Current Issues for Private Fund Advisers,” 7th Annual LP/GP Connect, October 2021.
- Speaker, “Cyber Risks for Private Funds,” TalksOnLaw, June 2021.
- “Key Issues for Managers of Private Investment Funds During the COVID 19 Era,” The Review of Banking and Financial Services, September 2020.
- Speaker, “Private Fund Management During the Pandemic: Investment, Distribution, Governance, and Fund Finance Concerns,” Strafford Webinar, June 2020.
- Speaker, “The 2020 SEC Examination Priorities Relevant to Private Funds,” TalksOnLaw, February 2020.
- Speaker, “‘A Shift in Funds’ – Trends in the Private Funds Market,” TalksOnLaw, January 2020.
- Featured Speaker, “U.S. Regulatory Workshop for Asian Hedge Fund Managers,” Bank of America Merrill Lynch Seminar, Hong Kong, May 2019.
- Panelist, “U.S. Regulatory Developments,” Maples Investment Funds Forum, Grand Cayman, February 2019.
- “How Fund Managers May Address End-of-Life Issues in Closed End Funds,” Hedge Fund Law Report, January 2019.
- Presenter, “Common Compliance Pitfalls,” AIMA Fund Manager Briefing, New York, April 2018.
- Panelist, “The Changing U.S. Regulatory and Tax Landscape,” AIMA APAC Annual Forum, Hong Kong, March 2018.
- Featured Speaker, “U.S. Regulatory Refresh for Asian Hedge Fund Managers,” Bank of America Merrill Lynch Seminar, Hong Kong, October 2017.
- “Beyond the Master-Feeder: Managing Liquidity Demands in a More Flexible Fund Structures,” Hedge Fund Law Report, May 2017.
- “Enforcement Actions by the SEC – Cases from 2015 Provide Guidance for Private Fund Advisors,” Asset Management Intelligence, February 2016.
- Panelist, “Operational Due Diligence,” 3rd Annual Offshore Investment Funds Summit, São Paulo, September 2013.
- Moderator, “Global Hedge Fund Investing,” Latin Markets Hedge Fund Forum, Rio De Janeiro, March 2013.
- Panelist, “Implications of Registration Under the U.S. Investment Advisers Act,” Latin Markets Hedge Fund Forum, Rio De Janeiro, March 2012.
- “What To Do Before You Hang Out a Shingle,” The Deal, January 2010.
- “Stars in Transition: A New Generation of Private Fund Managers,” Hedge Fund Law Report, January 2010.
- “Innovation and Imagination Applied to Hedge Fund Performance Payments,” Hedge Fund Law Review, November 2009.
- “Hedge Fund Manager Compensation,” Hedge Fund Law Report, April 2009.