Ms. Kawata is co-head of Davis Polk’s Investment Management/Private Funds Group. She advises clients on the formation and operation of private investment funds and other investment vehicles exempt under the U.S. Investment Company Act, including private equity funds, hedge funds, venture capital funds, fund of funds and funds investing in particular sectors or countries. She also advises clients on the establishment and operations of private fund managers, including private equity and hedge fund firms.
In the private funds practice, Ms. Kawata advises clients on the full spectrum of legal and marketing considerations involved in establishing private funds with diverse investment strategies that are marketed to investors on a worldwide basis, including institutional investors and high net worth individuals. She also advises fund sponsors seeking to establish “carried interest” plans and other profit-sharing arrangements for their employees, as well as various types of aftertax and phantom employee investment programs. In addition, her practice includes the representation of institutional investors seeking to invest in private funds, such as private equity funds, venture capital funds and hedge funds.
She advises numerous private funds and private fund sponsors and advisers as to the regulatory considerations applicable to their ongoing operations and investment activities, including compliance with the U.S. Investment Advisers Act and the U.S. Investment Company Act. Her practice includes compliance reviews of hedge fund managers and private equity fund managers under the Investment Advisers Act, as well as advice on the effect of a private fund’s investment activities on the ongoing operations of other businesses affiliated with the private
fund. In addition, Ms. Kawata has obtained exemptive relief from the SEC for employee investment funds as “employees’ securities companies” under the Investment Company Act.
Listed as a leading private equity fund formation lawyer in several legal industry publications, including:
- Chambers Global: The Worldfs Leading Lawyers for Business
- Chambers USA: Americafs Leading Business Lawyers
- IFLR1000: Guide to the Worldfs Leading Financial Law Firms
- Law Business Researchfs Whofs Who Legal.International Whofs Who of Business Lawyers and Whofs Who Legal.International Whofs Who of Private Funds Lawyers
- Practical Law Company's Cross-border Private Equity Handbook, Crossborder Investment Funds Handbooks and Which lawyer? Yearbook
- Legal Media Group's Expert Guide to the World's Leading Private Equity Lawyers, Expert Guide to the World's Leading Lawyers--Best of the Best and Expert Guide to the Worldfs Leading Investment Funds Lawyers
- Legalease's The Legal 500 (United States)
- Partner, 1994-present
- Associate, 1982-1994