Hedge Fund liability: A Checklist for Investors and Hedge Fund managers

Legal claims against hedge fund managers are broad in scope. Such claims include not only those brought by injured investors in private causes of action, but also those brought by the Securities and Exchange Commission (“SEC”) and other federal or state government agencies. Hedge fund managers and investors must be cognizant of potential claims and liability.

This memorandum, prepared by former SEC Attorneys at Meyers & Heim LLP, discusses the private rights of action that an injured investor may maintain against his or her hedge fund manager.

  • Fraudulent Misrepresentation
  • Control Person Liability
  • Breach of Fiduciary Duty
  • Negligence
  • Negligent Misrepresentation
  • Breach of Contract
  • Civil Conspiracy
  • Unjust Enrichment
  • Promissory Estoppel
  • Aiding and Abetting Fraud and Fiduciary Duties

This memorandum relies primarily on federal securities law and New York State law, but may make reference to the laws of other jurisdictions to illustrate points of comparison. Legal counsel should be consulted when evaluating these issues to ensure that any claims and defenses are asserted in a timely manner.

To read the full memorandum please follow this link.

Meyers & Heim LLP
444 Madison Avenue, 30th Floor
New York, New York 10022
(212) 355-7188
www.MeyersandHeim.com

Meyers & Heim LLP practices in the area of securities regulation. The firm was founded by Howard Meyers and Robert Heim who were previously Enforcement attorneys with the U.S. Securities and Exchange Commission. This Memorandum is provided by meyers & Heim LLP for educational and informational purposes only and is not intended and should not be construed as legal advice. this memorandum is considered attorney advertising in some jurisdictions. Copyright 2009.

About Aaron Wormus

Aaron Wormus works as the Managing Director of Website Creation at HedgeCo Networks and has worked with HedgeCo since the end of 2004. Prior to working with HedgeCo Networks, Aaron managed a private consulting firm based in Frankfurt, Germany. During this time he worked implementing back-end systems for clients ranging from telecommunications companies to mining companies and Silicon Valley software distributors. Aaron Wormus is a published author who has studied Information Technology and Journalism in Finland. His written work has been published in various technology magazines, translated into 5 European languages, as well as published book. Aaron regularly speaks at PHP Programming conferences, and is involved in the organization of his local technology user group.
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