Erica Berthou, P.C.
Overview
Erica is a force of nature. In baseball they talk about the five-tool athlete and she’s the five-tool athlete — all the skills in abundance that it takes to be a leading private equity fund formation lawyer. - Lawdragon Insights: Private Funds
Erica Berthou is a partner in the Investment Funds Group at Kirkland & Ellis LLP and serves on the Firm's Executive Committee. She has counseled U.S. and international investment fund sponsors on hundreds of billions of dollars of private fund formations across a wide variety of strategies. In addition to U.S.- and European-focused funds, Erica has significant experience with emerging markets fund formation, covering all major emerging markets, and the establishment of offices and other firm infrastructure in such markets. Erica has advised both sponsors and institutional buyers in connection with strategic investments in private investment firms and on structuring aspects in preparation of liquidity events for a firm’s owners. Erica regularly gives strategic advice to senior management of private equity firms.
Year after year, Erica is widely recognized as one of the country’s leading attorneys in the field of private investment fund formation. She is ranked Band 1 in both Chambers Global (2023) and Chambers USA (2022). In Chambers Global (2020) she is described by clients as “one of the premier fund formation lawyers.” In Chambers USA (2018), one source described her as “very smart, hard-working, very commercial and willing to go the extra mile for client service,” and in Chambers USA (2017), a client remarked “I’m told she has other clients, but I find it hard to believe because she’s so dedicated to us! It’s like we’re her only client.” Erica was named to Crain’s New York list of Notable Woman in Law for 2021 and was selected as a “2018 Distinguished Leader” by the New York Law Journal as part of their Professional Excellence Awards—Erica was the only fund formation attorney to be so recognized. In 2017, Erica was named a “Dealmaker of the Year” by The American Lawyer for her role in advising Blackstone Alternative Credit Advisors (fka GSO Capital Partners) in connection with the formation of its third mezzanine fund, one of the world’s largest funds of its type. In addition, Erica is recognized as a Hall of Fame Lawyer (2021) and as a Leading Lawyer (2009–2022) by The Legal 500 US, which describes her as a “true star.” Erica was also was named a “2016 MVP” in asset management by Law360 and is featured in IFLR1000’s Women Leaders 2018, 2019, 2020 and 2021 issues, a directory of the 300 most highly-regarded female attorneys in financial law.
Select Representative Clients
Antin Infrastructure Partners, Astorg, Blackstone Alternative Asset Management, Blackstone Alternative Credit Advisors (fka GSO Capital Partners), Bridgepoint Credit Limited, The Carlyle Group, EQT Partners, FFL Partners, Glendon Capital, GreyLion Capital, Hunter Point Capital, I Squared Capital, KPS Capital Partners, Oaktree Capital Management, Solace Capital Partners, TPG Capital
Experience
Representative Matters
Matters with an asterisk were completed since joining Kirkland:
- Macquarie Asset Management in its preferred equity investment in Pavlov Media, Inc., one of the largest independent providers of fiber-based internet connectivity to off-campus student housing in the United States.*
- TPG in the formation of TPG Rise Climate, a $7.3 billion global climate-focused fund.*
- EQT on its c. $1.8 billion combination with Exeter Property Group, a leading global real estate investment manager.*
- Antin Infrastructure Partners in the formation of Antin Infrastructure Partners IV, a €6.5 billion global infrastructure fund.*
- EQT on the sale of its Credit business to Bridgepoint.*
- GreyLion Capital in its spinout from Perella Weinberg Partners.*
- KPS Capital Partners in the formation of KPS Special Situations Fund V, a $6 billion fund.*
- KPS Capital Partners in the formation of KPS Special Situations Mid-Cap Fund, a $1 billion fund.*
- Blackstone Alternative Asset Management in multiple strategic minority investments, including in BC Partners, Rockpoint Group and New Mountain Capital.*
- The Carlyle Group in raising over $22 billion for multiple buyout and growth funds and in various joint ventures and separate accounts, including:
- Carlyle Renewable and Sustainable Energy Fund, a $645 million global renewable energy fund.*
- Carlyle International Energy Partners II, a $2.3 billion global energy fund.*
- Carlyle Europe Partners IV, a €3.75 billion Europe buyout fund, and its predecessor fund Carlyle Europe Partners III, a €5.4 billion fund.
- Carlyle Asia Growth Partners IV, a $1 billion Asia growth capital fund.
- Carlyle Europe Technology Partners III, a €656 million Europe growth capital/technology fund, and its predecessor fund Carlyle Europe Technology Partners II, a €530 million fund.
- Carlyle MENA Partners, a $500 million Middle East and North Africa buyout fund.
- Carlyle Peru Fund, a $308 million Peru buyout/venture fund.
- Carlyle South America Buyout Fund, a $1 billion fund, including Fundo Brasil de Internacionalizacäo de Empresas Fundo de Investimento em Participagoes, together with Banco do Brasil, a R$400 million vehicle to invest in Brazil.
- Carlyle Sub-Saharan Africa Fund, a $698 million Sub-Saharan Africa fund.
- Carlyle Cardinal Ireland Fund, a €300 million Ireland-focused growth capital fund.
- Oaktree Capital Management in the GP-led structured secondary of its 2009 vintage Oaktree Principal Fund V LP and related fund entities, including the formation of new continuation funds managed by Oaktree and the related acquisition by the continuation funds of nine portfolio companies. As part of this transaction, Oaktree raised additional capital to make future follow-on investments in the nine companies.*
- Oaktree Capital Management in raising more than $94 billion for multiple debt focused funds and accounts, including:
- Oaktree Opportunities Fund XI*, a $15.9 billion fund, known as the largest distressed debt fund ever raised in the market and Oaktree’s largest fund in history, and its predecessor funds Oaktree Opportunities Fund X/Xb, a $12.5 billion fund, Oaktree Opportunities Fund IX, a $5.1 billion fund, and Oaktree Opportunities Fund VIII/VIIIb, a $7.2 billion fund.
- Oaktree Special Situations Fund II, a $2 billion fund that focuses on control-oriented debt and equity investments in middle market companies.*
- Oaktree Transportation Infrastructure Fund, a $1.5 billion fund.*
- Oaktree Middle-Market Direct Lending, a $1.2 billion direct lending strategy.*
- Oaktree Emerging Markets Opportunities Fund II, a $344 million emerging markets distressed fund.*
- Oaktree Power Fund V, a $1.45 billion U.S. energy and infrastructure fund*, and its predecessor funds Oaktree Power Opportunities Fund IV, a $1.1 billion fund, and Oaktree Power Opportunities Fund III, a $1.0 billion fund.
- Oaktree European Capital Solutions Fund, a €703 million European credit fund.
- Oaktree European Principal Fund V, a $773 million Europe distressed fund*, and its predecessor funds Oaktree European Principal Fund IV, a €1 billion fund, and Oaktree European Principal Fund III, a €3.16 billion fund.
- Oaktree Mezzanine Fund IV, an $852 million North America mezzanine fund, and its predecessor fund Oaktree Mezzanine Fund III, a $1.6 billion fund.
- Oaktree PPIP Fund, a $4.6 billion fund making investments in CMBS under the U.S. Treasury Department’s Public-Private Investment Program.
- Oaktree Principal Fund VI, a $1.2 billion global distressed fund, and its predecessor fund Oaktree Principal Fund V, a $2.8 billion fund.
- Oaktree Real Estate Opportunities Fund VIII, a $4.7 billion global real estate fund*, and its predecessor funds Oaktree Real Estate Opportunities Fund VII, a $2.9 billion fund, Oaktree Real Estate Opportunities Fund VI, a $2.7 billion fund, and Oaktree Real Estate Opportunities Fund V, a $1.3 billion fund.
- Blackstone Alternative Credit Advisors (fka GSO Capital Partners) in raising over $20 billion for multiple funds and accounts, including:
- GSO Capital Opportunities Fund III, a $6.5 billion global mezzanine fund.
- GSO COF III Co-Investment Fund, a $3 billion vehicle that invests alongside GSO Capital Opportunities Fund III.
- GSO Energy Select Opportunities Fund II, a $4.5 billion energy focused credit fund*, and its predecessor fund GSO Energy Select Opportunities Fund, a $3 billion fund.
- GSO Credit Alpha Fund II, a $1 billion credit opportunities fund,* and its predecessor fund GSO Credit Alpha Fund, a $1 billion North America and Western Europe credit opportunities fund.
- GSO Credit Alpha Annex Fund, a $960 million North America and Western Europe credit opportunities fund.
- EQT Partners in raising over €10 billion for multiple funds and accounts, including:
- EQT Growth, a €2.2 billion Europe growth fund.*
- EQT Mid-Market Credit Fund II, a €2.3 billion Europe credit fund.*
- EQT Credit Opportunities III, a €1.3 billion Europe credit opportunities fund.*
- EQT Credit Fund II, an €874 million Europe credit opportunities fund.
- EQT Real Estate II, a €1 billion Europe real estate fund,* and its predecessor fund, EQT Real Estate I, a €420 million fund.
- EQT Ventures II, a €660 million Europe technology/venture capital fund,* and its predecessor fund, EQT Ventures, a €566 million fund.
- EQT Public Value Fund, an evergreen fund that makes minority investments in public companies in Northern Europe.*
- FFL Partners, a San Francisco-based private equity firm focused on growth-oriented investments in North American middle-market companies in the formation of:
- FFL Capital Partners IV, a $2 billion North America buyout fund.*
- FFL Capital Partners V, a $917 million middle market buyout fund.*
- Glendon Capital Management in the formation of Glendon Opportunities Fund II, a $2.5 billion global credit opportunities fund.
- Global Infrastructure Partners in raising over $25 billion for multiple funds and accounts in the infrastructure sector, including:
- Global Infrastructure Partners III, a $15.8 billion fund, and its predecessor fund Global Infrastructure Partners II, an $8.25 billion fund.
- Global Infrastructure Partners Capital Solutions Fund, a $731 million global credit opportunities fund.
- OEP Capital Advisors in its spin out from J.P. Morgan Chase, investment management arrangements with J.P. Morgan Chase and certain related matters, and various funds and accounts, including the formation of:
- One Equity Partners Secondary Fund, a $1.5 billion U.S. private equity fund.
- One Equity Partners VI, a $1.65 billion U.S. and Western Europe buyout fund.
- Brookfield Asset Management in various Brazil-focused fundraising activities, including the formation of Agriculture Fund II, a $500 million Brazil agriculture fund.
- International Finance Corporation and AMC in various energy and emerging markets fundraising activities, including the formation of China-Mexico Fund, a $1.2 billion Mexico energy/telecom fund.
- Prudential Capital Group in the formation of Prudential Capital Partners V, a $1.8 billion U.S. mezzanine fund.
- Vinci Partners in various Brazil-focused fundraising activities.
Prior Experience
Debevoise & Plimpton LLP
Mannheimer Swartling
Advokatfirman Vinge KB
More
Recognition
“Hall of Fame” by The Legal 500 US (2021)
Crain’s New York Notable Women in Law (2021)
“Market Leader” by IFLR1000 (2014–2021)
Chambers USA, Band 1 (2009–2022)
Chambers Global, Band 1 (2011–2023)
The Legal 500 US (2009–2022)
IFLR1000 Women Leaders (2018–2021)
Super Lawyers, New York Metro Super Lawyers (2020)
Who's Who Legal, Private Funds (2020)
One to World Fulbright Award for Global Citizenship (2019)
“Distinguished Leader” by the New York Law Journal (2018)
“Dealmaker of the Year” by The American Lawyer (2017)
“MVP” in asset management by Law360 (2016)
“Foreign Expert” for fund formation in Latin America by Chambers Global (2015)
“Best in Investment Funds” by Euromoney as part of its Americas Women in Business Law Awards (2015)
Recognized in Profiles in Diversity Journal’s “Women Worth Watching” issue (2014)
“Rising Star” in private equity by Law360 (2014)
Crain’s “40 Under 40” (2012)
Investment Dealers’ Digest’s “40 Under 40” (2012)
“Rising Star” by the New York Law Journal (2013)
“Rising Star” at Euromoney’s Americas Women in Business Law Awards (2013)
Financial Times’ “US Innovative Lawyers” (2011)
Memberships & Affiliations
Member, Private Investment Funds Forum
Board of Directors, USA Cycling Foundation
Board of Directors, One to World
Credentials
Admissions & Qualifications
- New York
Education
- New York University School of LawLL.M.
- King's College London
- Stockholm UniversityM.Sc.
- Uppsala University Faculty of LawLL.M.