Franziska Hertel
Associate
Franziska Hertel practices as an associate in the tax group, focusing on matters involving tax-exempt organizations, transaction structuring and analysis, and partnership tax matters. Franziska regularly advises colleges and universities, private foundations and healthcare organizations on a broad range of issues, including transactions with for-profit and non-profit partners, internal structuring and tax controversy matters. Franziska also provides counsel on a variety of tax matters relating to the structuring and operational issues of investment funds, their portfolio investments and their sponsors, including with respect to cutting-edge investments such as cryptocurrencies.
Franziska also maintains an active pro bono practice, focusing on immigration matters. In 2017, Franziska co-founded AlienAid, inc., a 501(c)(3) non-profit organization dedicated to helping international students navigate the challenges that come with their status in the United States, and currently serves as CEO of that organization.
Franziska joined Ropes & Gray in 2014. During law school, Franziska served as Articles Editor of the Columbia Law Review. Prior to joining Ropes & Gray, Franziska worked on matters of tax policy at the New York Attorney General’s Office.
Experience
- Advised fund sponsor on structuring of the first exchange-traded cryptocurrency fund
- Represents university endowments and leading charitable foundations in their investments in U.S. and international private equity and venture funds
- Advised on the sale of The Weather Company's B2B, mobile and cloud-based web properties to IBM
- Provided tax counsel to multiple healthcare systems in affiliation transactions with both non-profit and for-profit parties
- Assisted prominent tax-exempt organizations in internal restructuring transactions, including representing them in state Attorneys General and court proceedings
- Represents flagship state university systems in IRS audit and appeals proceedings
- Regularly counsels leading mutual funds and their independent trustees, including the State Street Global Advisors Funds, Putnam Funds and Voya Funds, on issues surrounding fund formation, reorganization and tax compliance.
Publications
- Quoted, “IRS Says Cryptocurrency Revenue Ruling ‘Speaks for Itself,’” Tax Notes (March 2, 2020)
- Co-author, “UBTI ‘Silo’ Notice: Interim Rules and Potential Future Guidance,” Tax Notes (October 15, 2018)
- James R. Brown and Franziska Hertel, “Virtual Currencies and the Commodity Trading Safe Harbor,” Tax Notes (June 18, 2018)
- Franziska Hertel, “Qui Tam for Tax?: Lessons from the States,” 113 Columbia Law Review 1897 (2013) (awarded First Prize in National Tannenwald Competition for Excellence in Tax Scholarship)
Presentations
- Panelist, “Responding to a Mess(ier) Crypto Tax Landscape,” Virtual 21st Annual U.S. and Europe Tax Practice Trends Conference (March 22, 2021)
- Co-panelist, “Year in Review,” Massachusetts Continuing Legal Education - 22nd Annual Nonprofit Law Conference (March 18, 2021)
- Chair, “Taxation of Cryptocurrencies,” 48th Annual Conference of the USA Branch of the International Fiscal Association (February 28, 2020)
- Franziska Hertel and Julie Hogan Rodgers, “Initial Coin Offerings and Virtual Currencies: Tax Considerations for Issuers and Investors,” Boston Bar Association (December 13, 2018)
Education
- JD, Columbia University School of Law, 2014; James Kent Scholar; Ruth Bader Ginsburg Prize; Pauline Berman Heller Prize; articles editor, Columbia Law Review
- BA (Government), summa cum laude, Dartmouth College, 2011; Salutatorian; Phi Beta Kappa
Admissions / Qualifications
Qualifications
- Massachusetts, 2014
Awards
- The Best Lawyers in America – Ones to Watch (2021-2023)