Burke McDavid advises both established and emerging managers in organizing and operating hedge funds, private equity funds and other or “hybrid” private funds. He supports clients in fund structuring, formation and the production of offering materials. He also assists with other investment manager-related agreements and transactions and provides advice on compliance with the SEC and CFTC.
Burke acts as an integrated member of client teams, providing guidance and drawing upon the resources and knowledge base of the firm to support business goals. While working in Russia in the oil field services industry and later as an Akin Gump lawyer, he developed skills in operating in challenging environments and in keeping a practical perspective when solving problems.
- Provided counsel to a principal investor in the establishment of an investment management firm and its first private fund. Assisted with client’s exit from a current employer and advised on the regulatory environment, market terms and fund structure in an efficient manner under a fixed fee arrangement. A particular challenge was finding a balance for the fund’s terms given the divergent expectations of the client and its initial investors.
- Assisted an investment fund in the unwinding of cross-ownership of business partners. Helped negotiate a contentious business divorce and advised the client on both the legal and business issues in an emotionally-charged process. Developed an agreement that achieved a full separation of the parties and allowed our client to continue its investment strategy without the business partners.
- Advised an employee-owned hedge fund sponsor in structuring a fund to invest in a joint venture to pursue a novel investment strategy involving claims under the Medicare Secondary Payer Act. The nature of the investment involved several key business and legal challenges that, if handled incorrectly, could have caused reputational damage. Brought in relevant firm health care lawyers to help navigate the legal risks presented by the strategy. Drafted a tailored joint venture agreement that met the needs of the client and allayed the concerns of the joint venture partner. The result was a successful joint venture agreement and subsequent fund closing.
- Assists on compliance with Securities and Exchange Commission (SEC) and the U.S. Commodities Futures Trading Commission (CFTC) rules and regulations.
- Advises both established and emerging managers in forming and operating private investment funds.
- Spent several years in Russia studying and working in the oilfield services industry there.
- Speaker, Akin Gump Annual Funds Conference, 2017.
- Board member, Texas Alternative Investments Association (formerly the Texas Hedge Fund Association).
- Board member and VP of Refereeing, Frisco Soccer Association, Inc.
- Chambers Global, Experience in Russia, 2015.
- J.D., Southern Methodist University School of Law, cum laude, 1998
- B.A., Southern Methodist University, 1992
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