Thomas A. Hickey


Thomas A. Hickey


Thomas A. Hickey focuses his practice on fund formation and investment management. He is a member of the firm’s Fund Formation & Investment Management Practice, where he advises clients on the structuring, formation and ongoing management of various private investment funds, including venture capital, private equity, fixed income and various hedge structures and their respective management companies. His entire practice is devoted to these clients.

In addition, Thomas and the team represent a wide variety of institutional investors, especially public employee pension plans, ERISA plans and endowment plans. Key to this advice is Thomas’ 44 plus years of experience with these investors and his knowledge of each investor’s statutory obligations, ordinances and specific policies.

Thomas is well versed in a variety of issues faced by plans relating to gift and ethics requirements, conflict-of-interest rules and regulations and “pay-to-play” regulations affecting the investment management industry. Throughout his career, he has litigated cases involving fiduciary responsibilities, administrative law issues and investment transactions.

Speaking Engagements and Training Sessions for Clients

While in law school and continuing to the present day, Thomas has spoken at over one hundred conferences, both domestically and internationally. The speeches have covered a wide variety of issues such as institutional investor due diligence, the impact of federal legislation, SEC, FINRA and AIFM issues, and key points for onshore and offshore asset managers when seeking commitments from institutional investors and fiduciary responsibilities for pension plan trustees and staff. Over the past four decades, he has devoted considerable time conducting regular training sessions for his private fund and institutional investor clients especially in the areas of fiduciary responsibility, compliance and emerging industry trends.

Since 2016 Thomas has been a Guest Lecturer at Harvard Law School. In 2020, he was asked to assume the position of Guest Lecturer in Residence, co-teaching the course entitled “Hedge Funds & Private Equity: Law and Policy”. He also speaks up to six times a year, most recently at the State Association of County Retirement Systems (California), California Association of Public Retirement Systems and conference industry conferences in Grand Cayman, Amsterdam and Sao Paolo. Additionally, Thomas was recently selected to be a member of the editorial board for The Journal of Securities Operation and Custody (London-based Henry Stewart Publications LLP).

Awards and Recognition

Thomas has been ranked as a leading lawyer in The Legal 500 in the Investment Fund Formation and Management practice, where he is described as “the best of the best” and “smart, creative and forward-thinking.” He has been Peer Review Rated as AV Preeminent® the highest performance rating in Martindale-Hubbell® Peer Review Ratings™.

Community Involvement

Thomas has provided pro bono advice to numerous civic groups and public employee organizations throughout his career. He provided advice regarding the creation of the Massachusetts Fallen Fire Fighter Memorial which was dedicated on September 11, 2007. He serves as the chair of the Pro Bono Committee for the Firm’s Boston office.

Presentations and Publications

  • Lead author, “Generating returns through better relationships: How managed custody accounts benefit managers and investors,” Journal of Securities Operations & Custody, Volume 8, Number 4 (July 2016)
  • Lead author, “Innovation Master Custody Account Structure Offers Flexibility, Fee Discounts or How I Learned to Stop Worrying and Save Millions Per Year,” The NAPPA Report (August 2013)
08 April 2019 In the News

Hickey Comments on Brazilians’ Interest in U.S. Portfolios

Partner Thomas Hickey was quoted in an article in <EM>DCI</EM>, “Rich families look for contributions in stock fund abroad,” about how portfolios domiciled in the United States and in tax havens such as the Cayman Islands and Luxembourg are attracting the interest of Brazilians.
04 April 2019 Newsletters

A Summary of Certain Recent Enforcement and Non-Enforcement Actions

On March 27th, the Supreme Court issued a 1934 Act Rule 10b-5 opinion that will have implications for sponsors of private funds and their placement agents.
12 September 2018 Press Releases

Foley & Lardner Represents White Oak Global Advisors in $2.1 Billion Capital Raise

Foley & Lardner served as lead counsel to White Oak Global Advisors in a $2.1 Billion capital raise for its White Oak Yield Spectrum Fund, a closed-ended direct lending fund.
01 June 2017 Press Releases

The Legal 500 United States Recognizes 19 Foley Practice Areas

Foley has been recognized in 19 practice areas by The Legal 500 United States 2017, an analysis of law firms based on surveys and interviews of more than 250,000 corporate counsel. The firm maintained three top-tier recognitions and received 16 additional firm-wide recommendations. <BR>
02 February 2017 Article

Generating Returns Through Better Relationships: How Managed Custody Accounts Benefit Managers and Investors

This paper will discuss the typical investment process of public investors, from manager selection to funding of new traditional products, contrasting it to the MCA process, and highlighting the benefits that MCAs provide to managers and investors alike.
12 November 2015 Events

DMS 5th Annual Offshore Investment Funds Summit

DMS Offshore Investment Services Brazil is hosting the 5th annual Investment Funds Summit in São Paulo to provide an insight into the opportunities and challenges for fund managers, family offices, and pension plans to set up offshore structures.