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Marie T. DeFalco
Member of the Firm

Roseland New York
Tel: 973.597.6180 | Fax: 973.597.6181


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Marie T. DeFalco represents investment management clients throughout the United States and internationally.  She has special expertise in structuring business transactions to maximize the achievement of clients' goals, from both a business and tax perspective, particularly transactions involving limited liability companies and partnerships. Ms. DeFalco assists clients with the formation and operation of hedge funds and private equity funds, in the organization of joint ventures, and in the negotiation of shareholder and limited liability company agreements. She chairs the Fund Formation and Structuring section of the Investment Management Practice Group.  Ms. DeFalco holds an A.B. in Economics from Cornell University and a J.D. from Yale Law School.  She is admitted to practice law in New York, New Jersey, and Connecticut.

Recent Speaking Engagements
  • "The Hedge Fund Operational Risk and Compliance Summit," Delmar Hotel in Old Greenwich, CT, Marie T. DeFalco, Esq., June 25, 2008
  • "IvyPlus: Hedge Fund Seeding and Emerging Managers," Lowenstein Sandler, New York, NY, Marie T. DeFalco, Esq., April 28, 2008
  • "What I Know Now (That I Wish I Had Known Then) About Partnership," Practising Law Institute (PLI) seminar on Success Strategies for New Partners: Making Sense of Making Partner, PLI New York Center, New York, NY, Marie T. DeFalco, Esq., March 25, 2008
  • "Hedge Fund Marketing and Sales: Practical, Business & Legal Concerns," WestLegal seminar on New Frontiers in Hedge Fund Due Diligence, Millennium Broadway Hotel, New York, NY, March 19, 2008
  • "IvyPlus: Launching Your Hedge Fund / Private Equity Fund," Lowenstein Sandler, New York, NY, Marie T. DeFalco, Esq., December 4, 2007
  • "MARHedge Conferences on Hedge Fund Best Practices: Operations and Regulatory Compliance," Institutional Investor, Ritz Carlton, Grand Caymans, Marie T. DeFalco, Esq., November 14- 16, 2007
  • "Hedge Fund Due Diligence Conference: Legal Considerations," IncreMental Advantage, Harvard Club, New York, NY, Marie T. DeFalco, Esq., October 16, 2007 
  • "Current Issues and Trends: Fund Manager Compensation and Offshore Fee Deferrals," The Westin, Princeton, Marie T. DeFalco, Esq., September 18, 2007
  • "Current Issues and Trends: Fund Manager Compensation and Offshore Fee Deferrals," The Delamar on Greenwich Harbor, Connecticut, Marie T. DeFalco, Esq., July 25, 2007  
  • "Partnerships, LLCs and LLPs: Organization and Operation," Choosing an Entity and Forming and Separating Partnerships and LLCs, Lorman Education Services, Best Western Fairfield Executive Inn, Marie T. DeFalco, Esq. and Brian A. Silikovitz, Esq., July 19, 2007
  • "Current Issues and Trends: Fund Manager Compensation and Offshore Fee Deferrals," Affinia Manhattan, New York, NY, Marie T. DeFalco, Esq., July 12, 2007
  • "3rd Annual Fund of Funds Business Operations Forum: How Do Fund of Funds Address Concerns about Side Pockets, Exotic Instruments and Marking?" Financial Research Associates, LLC, The New York Helmsley Hotel, New York, NY, Marie T. DeFalco, Esq., May 2, 2007
  • "Hedge Fund Due Diligence Conference: Legal Considerations," IncreMental Advantage, San Francisco Airport Marriott, CA, Marie T. DeFalco, Esq., April 16, 2007
  • "Hedge Fund Disclosure, Transparency, and Performance Fees," New Frontiers in Hedge Fund Due Diligence, West LegalWorks, LeParker Meridien, New York, Marie T. DeFalco, Esq., March 19, 2007
  • "Risk Management for the Buy-side: Hedge Funds and Compliance," Global Association of Risk Professionals (GARP) 2007: 8th Annual Risk Management Convention & Exhibition, Marriott Marquis Hotel, NY, Marie T. DeFalco, Esq., February 27, 2007
  • "Hedge Fund Best Practices: Operations and Regulatory Compliance," MarHedge Cayman, Marie T. DeFalco, Esq., December 4, 2006
  • "Choosing an Entity" and "Forming and Separating Closely Held Corporations and Partnerships," Lorman Education Seminar on Partnerships and S Corporations in New Jersey, Marie T. DeFalco, Esq., and Brian A. Silikovitz, Esq., July 20, 2006
  • "New Jersey Organization and Sale of Small Businesses," New Jersey Institute for Continuing Legal Education, Skills and Methods Course, Robert D. Frawley, Esq., Alan Wovsaniker, Esq., Marie T. DeFalco, Esq. and Brian A. Silikovitz, Esq., March 29, 2005
  • "What Every Non-Tax Lawyer Should Know About LLCs," New Jersey Institute for Continuing Legal Education, New Jersey Business Law Symposium, Peter H. Ehrenberg, Esq., Marie T. DeFalco, Esq., and Brian A. Silikovitz, Esq., October 22, 2004





  • IRS Rules on Deductibility of Management Fees Incurred by Fund of Funds
    Investment Management Alert, July 2008
    Kenneth Slutsky, Marie DeFalco, Brian Silikovitz, Richard Horne

  • The AMT Patch – Provisions Affecting Fund Managers
    Investment Management Alert, November 2007
    Kenneth Slutsky, Marie DeFalco, Richard Horne

  • Reminder: Modified Publication Requirements For New York Limited Liability Entities
    The Metropolitan Corporate Counsel, January 2007
    Peter Greene, Marie DeFalco, Scott Moss, Steven Papera

    View More...



  • Marie DeFalco addresses SEC investigations into hedge fund side letters and regulatory concern over preferential investor treatment., Hedgefund.net, June 22, 2006




    Impressed interviewees report:  
    'The lawyers really care about our business
    and
    are truly dedicated to helping us succeed'
    – 2008 Chambers USA Guide




    Corporate
    Corporate Finance & Securities
    Investment Management


    Education

    Yale Law School (J.D., 1998), Case Notes Editor, Yale Law Journal, Editor-in-Chief, Yale Journal of Law & the Humanities
    Cornell University (A.B., 1995), Phi Beta Kappa


    Clerk Experience

    New Jersey Supreme Court, Honorable Stewart G. Pollock 




    New Jersey
    New York
    Connecticut




    • Morris County Bar Association
    • New Jersey State Bar Association
    • Taxation Law Section
    • New York State Bar Association
    • Connecticut Bar Association



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