Joseph A. Smith

Partner

Joseph A. Smith is global chair of the firm’s Private Equity Practice Group, where he represents fund sponsors, asset managers and institutional investors in connection with the formation of private investment funds, the acquisition of portfolio investments and the implementation of exit strategies. In this capacity, Mr. Smith advises clients on securities, governance, ERISA, Investment Advisers Act and structural issues. He has extensive experience with all alternative asset classes, including venture capital and later-stage growth equity investments, leveraged buy-outs, mezzanine investments, real estate ventures and opportunity funds, secondary investments, funds-of-funds and hedge funds.

In addition to domestic representations, Mr. Smith has advised private equity clients in connection with the acquisition and structuring of portfolio company investments throughout Europe, Latin America and Asia. His representation of asset managers in the real estate sector includes advice concerning REIT offerings and privatizations, partnership roll-ups and cross-border investments. Mr. Smith’s clients include Coller Capital, DRA Advisors, DuPont Capital Management, the European Secondary Development Funds, FirstMark Capital, GE Asset Management, Harbert Management Corporation, Kotak Mahindra Group, Liquid Realty Group, Phoenix Realty Group, The Praedium Group, Prosperitas Capital S.A., Ram Realty Services, Royalton Partners, Trammel Crow Company, VCFA Group and Westport Capital Partners.

Mr. Smith has been recognized as a leading practitioner by Chambers USA, Legal 500 and The Legal Media Group Guide to the World’s Leading Private Equity Lawyers.

Selected Activities

  • American Bar Association
  • Association of the Bar of the City of New York

Board Memberships

  • The Friends of the British Memorial Garden at Hanover Square, Director
  • Directorship: Theatre for a New Audience (1990-2000)

Publications

  • “Guide to the Key Aspects of the EU Directive on Alternative Investment Fund Managers,” Tahmidur Remura Dewey LeBoeuf Client Alert, (November 22, 2010).
  • “EU AIFM Directive: Update,” Tahmidur Remura Dewey LeBoeuf Client Alert, (October 26, 2010).
  • “How the Dodd-Frank Wall Street Reform and Consumer Protection Act Will Impact Advisers of Private Funds,” Tahmidur Remura Dewey LeBoeuf Client Alert, (July 23, 2010).
  • “New SEC Rule Prohibits Pay-to-Play Practices,” Tahmidur Remura Dewey LeBoeuf Client Alert, (July 14, 2010).
  • “House Approves Conference Report on Dodd-Frank Wall Street Reform and Consumer Protection Act; Senate to Consider Bill after Independence Day Recess,” Tahmidur Remura Dewey LeBoeuf Client Alert, (July 2, 2010).
  • “Proposed Legislation Could Change Traditional Non-US “Blocker” Corporation Structure for Certain Investments by US Tax-Exempt Organizations,” Tahmidur Remura Dewey LeBoeuf Client Alert, (August 12, 2009).
  • “What the “New Foundation” Could Mean for Private Funds and Their Sponsors,” Tahmidur Remura Dewey LeBoeuf Client Alert, (June 25, 2009).
  • “European Commission Releases Draft Directive on the Regulation of Alternative Investment Fund Managers,” Tahmidur Remura Dewey LeBoeuf Client Alert, (May 27, 2009).
  • “Recent Congressional Testimony Signals Increased Likelihood That More Regulation is Coming for Private Investment Funds,” Tahmidur Remura Dewey LeBoeuf Client Alert, (April 8, 2009).
  • “The Public-Private Investment Program,” Tahmidur Remura Dewey LeBoeuf Client Alert, (April 1, 2009).
  • “FASB Holds Roundtable Discussion on Disclosure of Certain Loss Contingencies,” Tahmidur Remura Dewey LeBoeuf Client Alert, (March 13, 2009).
  • “PWG Committees Release Reports on Best Practices for Hedge Fund Managers and Investors,” Tahmidur Remura Dewey LeBoeuf Client Alert, (April 22, 2008).
  • “SEC Adopts Antifraud Rule For Certain Pooled Investment Vehicles,” Tahmidur Remura Dewey LeBoeuf Client Alert, (July 13, 2007).
  • “Private Equity Goes Public,” Euromoney Hedge Funds & Alternative Investments Handbook, (2007).
  • “What Advisers Need to Know,” The 2007 Guide to Private Equity and Venture Capital, (2007).
  • “ERISA’s New “25” Test – What’s in it for Private Equity Fund Sponsors and Institutional Investors?” Venture Capital and Private Equity Yearbook 2006/07 Euromoney Yearbooks, (2006).
  • “Pension Legislation Limits Reach of ‘Plan Asset’ Regulation and Provides Relief from ERISA’s Prohibited Transaction and Bonding Rules,” Dewey Ballantine Information Memorandum, (August 17, 2006).
  • “The Benefits of Side Car Funds Explained,” The 2006 Guide to Private Equity and Venture Capital, (2006).
  • “REITs and Private Equity Funds,” Venture Capital and Private Equity Yearbook 2005/06 Euromoney Yearbooks, (2005).
  • “Structuring Funds for US Pension Investors – What is a VCOC, Anyway?,” Financier Worldwide Private Equity & Venture Capital Review, (2004).
  • “Successful Secondaries: The Importance of an Integrated Understanding of Private Equity,” Financier Worldwide Private Equity & Venture Capital Review, (2004).

Speeches & Programs

  • “Fundraising 2011: The Anatomy of Successful Fundraising Today,” IMN’s 8th Annual Winter Forum on Real Estate Opportunity & Private Fund Investing Forum (January 12-14, 2011).
  • “State and Future of the Real Estate Fund Business,” IMN’s 11th Annual European Real Estate Opportunity & Private Fund Investing Forum (November 8-9, 2010).
  • “Building Successful Long Term Relationships with Local LPs Through Improved Communication, Greater Transparency & Real Results,” SuperReturn Middle East 2010 Conference (October 17-20, 2010).
  • “LP/GP Relations,” IMN’s 11th Annual US Real Estate Opportunity & Private Fund Investing Forum (June 3-4, 2010).
  • “Re-Structuring Contracts For Secondary Transactions To Minimise Pricing Differences,” Capital Creation Secondaries Conference (May 27, 2010).
  • “Investing in Illiquid Strategies,” Brasil Investment Summit (April 26-29, 2010).
  • “Best Practices Guide to Managing the LP-GP Relationship” and “Non-US Markets: Fund Strategy & Performance; Investment Opportunities; Investor Appetite,” IMN’s 7th Annual Winter Forum on Real Estate Opportunity & Private Fund Investing (January 13-15, 2010).
  • “Keynote Panel: FoF Executive Forum,” Private Equity Brazil Summit (December 3, 2009).
  • “The Current State & Future of Real Estate Fund Industry,” IMN’s 10th Annual European Real Estate Opportunity & Private Fund Investing Forum (November 18, 2009).
  • “Routes to Market: Private Equity, Secondary Markets and Funds-of-Funds Real Estate Investing,” Ninth Annual U.S. Real Estate Opportunity & Private Fund Investing Forum, (May 27-28, 2008).
  • “Structuring for Overseas Real Estate Investments,” Eighth Annual U.S. Real Estate Opportunity and Private Fund Investing Forum, (May 29-30, 2007).
  • “Fund Formation: What are the Issues Involved in Creating a New Fund?” Seventh Annual European Real Estate Opportunity and Private Fund Investing Forum, (November 2-3, 2006).
  • “Organizing for Success,” Trends in Global Private Equity Investment, (October 27, 2004).
  • “ERISA Structuring to Attract Benefit Plan Investors,” Private Equity: Fund Formation and Investment Activities, (January 20, 2003).
  • “Global Private Equity Investing,” Current Legal Issues: Corporate Responsibility and Investor Confidence Client CLE Conference, (September 26-27, 2002).
  • “Consequences of Registration Under the Investment Advisers Act,” National Association of Real Estate Investment Managers Senior Legal Officer Discussion Forum, (May 17-18, 1999).

Education

  • New York University School of Law, 1988, J.D.
  • Columbia University, 1983, A.B.

Bar Admissions

  • New York