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 for Investment Fund Formation and Management: Private Equity Funds and for Investment Fund Formation and Management: Alternative/Hedge Funds by Legal 500 US 2008. He was also recognized in Chambers USA - America's Leading Lawyers for Business 2007 as a leader in the field of Private Fund Formation, and in The US Legal 500 2007 as a leader in the fields of Investment Funds: Alternative/Hedge Fund Formation, Private Equity - Buyouts: $10 Billion and Above, Private Equity Fund Formation and Real Estate: Corporate/M&A advice. Mr. Smith is also included in 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

  • "How the Dodd-Frank Wall Street Reform and Consumer Protection Act Will Impact Advisers of Private Funds," Dewey & LeBoeuf Client Alert, (July 23, 2010).
  • "New SEC Rule Prohibits Pay-to-Play Practices," 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," Dewey & LeBoeuf Client Alert, (July 2, 2010).
  • "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

  • "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, JD
  • Columbia University, 1983, AB

Bar Admissions

  • New York