J. Michael Bresnahan is a senior counsel with Foley & Lardner LLP and a member of the firm’s Fund Formation & Investment Management Practice. Michael counsels fund managers on the formation and operation of venture capital, private equity, private credit, real estate and hedge funds including fund and management company structuring, side letter negotiations, secondary sales and Investment Advisers Act registration and compliance. Michael also advises on public pension plans, university endowments, fund-of-funds, family offices and other institutional investors on investments in private funds, commingled and single investor funds, alternative investment vehicles, direct and co-investment opportunities, and the formation and operation of separately managed accounts.
In addition, Michael regularly advises on SEC, CFTC and tax matters, and provides regulatory and policy guidance and strategic recommendations in response to market changes. He also manages clearing relationships for his clients and ensures compliance with all exchange and federal regulations.
Michael has experience drafting and negotiating counterparty trading agreements including ISDA Master Agreements, Compensation Agreements and Credit Support Annexes. He regularly works with prime brokers to establish and maintain credit arrangements including designation notices and customer-to-customer and four-way double give up agreements to trade OTC assets.