WilmerHale’s Investment Management Group provides sophisticated legal and regulatory advice to investment advisers, private fund sponsors, registered funds, and their independent trustees.

A deep and diverse practice focused on maximizing tax efficiencies and minimizing tax risks for clients nationally and internationally.

Our highly regarded Tax-Exempt Organizations Practice advises organizations fundamental to the civic, business and intellectual life of cities and local communities around the globe. We assist US and foreign universities, museums, private foundations, and research and charitable organizations in a wide range of operational matters, including establishing nonprofit and for-profit affiliated entities and addressing all aspects of governance, benefits and compensation, lobbying and political activity, and taxation. We also consult on establishing and monitoring grant-making programs, negotiating gift agreements, establishing joint ventures, negotiating investment agreements, and an array of other issues crucial to the success of charitable endeavors. In addition to our work for traditional nonprofits and foundations, our team also helps new organizations involved in “venture philanthropy,” guiding them through new developments in nonprofit tax law. When other business and legal issues are involved, we collaborate with WilmerHale's stellar IP and IP Litigation, Labor and Employment, Real Estate, Cybersecurity and Privacy, and Corporate Practices to advise nonprofits and their affiliates.

Our cross-disciplinary team has experience in all levels of tax law. We draw on nationally renowned trial lawyers from the firm’s litigation group in order to serve clients involved in tax-related controversies. We regularly defend corporations and individuals in audits and appeals by the IRS and state tax authorities, and on a variety of tax issues in the federal and state courts. When tax controversies progress beyond the administrative stages, we seek to obtain favorable outcomes for clients through litigation or declaratory judgments at all levels of the judicial system. We have successfully represented various clients in federal income tax audits relating to employee and independent contractor issues, offshore investments and amortization of intangibles following acquisitions. We also advise corporations and individuals on the tax consequences and structuring of litigation settlements.

Clients turn to our seasoned team of attorneys—strategically located across the United States—to resolve nearly any state or local tax challenge. State and local taxes account for a high percentage of most businesses’ tax burden. There are literally thousands of these taxes that companies may or may not be subject to, depending on the nature of a given transaction and the requirements of various taxing authorities. The application of historical tests to determine whether a business is subject to state or local tax jurisdictions and the extent of its tax liability has become more difficult with the explosive growth of e-commerce, and the rules are sometimes counterintuitive and seemingly contradictory. We have structured our state and local tax practice to help clients across the United States successfully cope with the specific requirements of individual jurisdictions.

With a team of lawyers recognized nationally as leading practitioners in the field, we regularly advise public and private companies, their shareholders and their key employees on tax aspects of mergers, acquisitions, dispositions and joint ventures. Clients rely on our advice to maximize their tax efficiencies and minimize their tax risks. Our clients include businesses from a wide range of sectors: technology, life sciences, publishing, telecommunications, aviation and defense, venture capital and private equity. We develop tax-efficient structures that help clients achieve business objectives and negotiate appropriate contractual protections against the assumption of unwanted tax risks.

Clients’ legislative and regulatory concerns are best served by legal counsel with the deepest possible knowledge of the relevant channels of government. In legislative and regulatory matters, we advise clients and provide updates on IRS regulations and rulings in a variety of areas, including corporate tax, consolidated returns, pass-through entities, tax accounting, employee compensation, international taxation, excise taxes, financial institutions and exempt organizations. We also serve as legislative counsel to clients with respect to proposed federal tax legislation and represent clients in seeking favorable guidance from the IRS by obtaining private letter rulings regarding particular transactions or business structures, assisting clients with voluntary compliance and closing agreements and submitting comments on proposed regulations. Our experience extends to state and local levels as well, permitting a comprehensive approach to these issues.