Private Investment Fund Dispute Regarding a Continuation Fund

In a JAMS arbitration involving two private investment funds, an Analysis Group team led by Managing Principal Ted Davis, Vice President Anne Catherine Faye, and Managers Laurie Hakes, Juliette Thibaud, and Samuel Wascher supported a private equity expert to opine on industry custom and practice related to continuation funds, fund investments and documentation, transfers and assignments, governance, and contractual obligations. The expert submitted a report and testified at both deposition and the arbitration. The arbitrator found in favor of Analysis Group’s client on all claims, rejected all counterclaims, and left emergency relief in place pending a damages hearing. The decision relied on the expert’s industry-practitioner framework, including their analysis of how private equity practitioners understand continuation funds, upstream changes in beneficial ownership, and transfer restrictions in governing fund documents.