Thomas Devaney counsels the management teams and sponsors of domestic and international private funds with respect to fundraising, U.S. securities laws and regulatory matters, and fund administration and operations generally. Mr. Devaney's experience includes representation of real estate funds, infrastructure funds, debt funds, venture capital funds, as well as hedge funds with a broad range of investment strategies. He also frequently represents institutional investors, gatekeepers and funds of private equity funds and funds of hedge funds with respect to their investments in private funds and other types of private placements. Mr. Devaney also provides legal advice on investment transactions.
Mr. Devaney's practice focuses on private placement securities offerings, cross-border transactions, venture and strategic finance, and other types of business transactions. In connection with his representation of private fund sponsors, he has a developed expertise in the formation, organization and operation of domestic limited partnerships, limited liability companies and corporations, and a range of off-shore entities.
Mr. Devaney’s counseling of sponsors of private funds draws upon his expertise in U.S. securities laws, the Investment Advisers Act of 1940 and relevant portions of the Investment Company Act of 1940, the Commodity Exchange Act and ERISA.
Mr. Devaney is familiar with a range of U.S. and foreign tax issues applicable to pooled investment vehicles, with a particular focus on investing in China and certain preferred tax venues within the EU. Mr. Devaney frequently structures, forms and advises on operational aspects of privately-held REITs for real estate fund sponsors and structuring U.S. real asset investment structures for non-U.S. investors that are subject to Foreign Investment Real Property Tax Act (FIRPTA) withholding in the U.S.
Mr. Devaney also advises emerging growth companies on legal and strategic matters, commencing with formation and involving all aspects of their enterprises throughout the development of their businesses.
Mr. Devaney is a frequent speaker at legal and business conferences, addressing a range of issues, including fund formation basics, current market terms for fund- raising, venture capital investing and conditions and private fund investments in financial firms compliant with the Bank Holding Company Act and related regulations.
At St. John's School of Law, Mr. Devaney served as Articles and Notes Editor for The American Bankruptcy Institute Law Review. While earning his J.D,. Mr. Devaney was a recipient of an Academic Achievement Scholarship, and won a national writing competition scholarship for an article that he wrote while with the Law Review. Also, while in law school, Mr. Devaney served as a judicial intern in the chambers of the Hon. Joseph M. McLaughlin, U.S. Court of Appeals, Second Circuit.