News & Analysis as of

Portfolio Companies Corporate Governance

Fenwick & West LLP

Q1 2025 Deal Structures Reflect Shift Toward Portfolio Support

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Fundraising dynamics continued to evolve in Q1 2025, with early-stage companies seeing a modest uptick in down rounds while late-stage companies experienced fewer. Down rounds rose to 20.8% of deals at the Seed through Series...more

Davis Wright Tremaine LLP

Food Venture Financing News - Weekly Issue No. 226

This week's featured corporate venture and private equity fund is BRF S.A. - BRF S.A., based in Brazil, is one of the largest global food companies. It has nearly 100,000 employees working out of 120 countries....more

Conyers

Portfolio Insurance Companies and the Updated Beneficial Ownership Regime

Conyers on

The Beneficial Ownership Transparency Act, 2023 (the “BOT Act”), Beneficial Ownership Transparency Regulations, 2024 (the “BOT Regulations”) and the Guidance on Complying with Beneficial Ownership Obligations in the Cayman...more

A&O Shearman

Delaware Court Of Chancery Finds That Controller Sale Of Company Did Not Harm Minority Interests

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On January 7, 2025, Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery issued a post-trial decision in favor of defendant, a private equity fund (the “Fund”), finding that the Fund’s sale of a portfolio...more

DarrowEverett LLP

Post-Closing Incentive Structures for Key Management in Private Equity

DarrowEverett LLP on

If you own or manage a company that a private equity firm is looking to acquire, and you plan to stay on after the closing, you’ll likely need to negotiate two key points: rolling over some or all of your equity and...more

Carey Olsen

Cayman Islands corporate and finance update Q2 2024

Carey Olsen on

Our corporate team outline the latest developments within the corporate and finance market in Cayman including the amendments to the Beneficial Ownership Regime, winding up Cayman segregated portfolio companies, proposed...more

Goodwin

Sustainability Disclosure Rules in the UK: Extending the FCA’s Regime to Portfolio Managers

Goodwin on

In our previous alert The FCA’s Sustainability Disclosure Requirements and Labelling Regime (SDR): A Flexible Regime for UK Private Fund Managers, we examined the final framework under policy statement PS23/16, on...more

Conyers

केमैन आइलैंड में हेज फंड स्थापित करने में आपकी मदद के लिए एक गाइड

Conyers on

देश से बाहर हेज फंड स्थापित करने के मामले में केमैन आइलैंड का नाम दुनिया में पहले नंबर पर आता है। इसका टैक्स-न्यूट्रल प्लेटफॉर्म, स्थिर अर्थव्यवस्था, व्यवहार-कुशल बैंकिंग क्षेत्र, गोपनीयता और पेशेवर वित्तीय सेवा उद्योग ये तो...more

Holland & Knight LLP

Key Considerations for Independent Sponsors Regarding Portfolio Company Governance

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Holland & Knight's Independent Sponsors Team has seen an increasing number of independent sponsors taking part in transactions of seemingly all shapes and sizes. With increasing variation of transactions comes increasing...more

Ankura

PE OPERATORS | Identifying the Right CFO and Consultants

Ankura on

During our recent Ankura OCFO® Conference, we hosted a panel of private equity professionals moderated by Dave Owen (Senior Managing Director, Ankura OCFO®) and Dana Stefanczyk (Managing Director, Ankura OCFO®). The panel...more

Ankura

GCC’s Opportunity To Drive Value Through Shared Service Centers

Ankura on

In the Gulf Cooperation Council (GCC) region, mid-market capitalization investors have a unique opportunity to acquire or establish Shared Service Centers for their portfolio companies. This would provide scale for...more

Latham & Watkins LLP

California’s New VC Diversity Reporting Law Aims to Increase Transparency

Latham & Watkins LLP on

Venture capital firms should begin planning now for compliance to avoid monetary penalties or court action. California Governor Gavin Newsom signed Senate Bill No. 54 (SB 54) into law on October 8, 2023. The bill is...more

Latham & Watkins LLP

Transparency Is Key for PE Amid Greenbashing Risk

Latham & Watkins LLP on

As ESG statements fall under increasing scrutiny, sponsors should aim for consistent and accurate messaging, as well as robust ESG strategies. Regulatory drivers and stakeholder demands have put environmental, social,...more

Vinson & Elkins LLP

The Evolving Role of ESG in M&A: Balancing Risks and Opportunities

Vinson & Elkins LLP on

Environmental, social, and governance (ESG) considerations are playing an increasingly important role in M&A transactions. In any given deal, however, it can be challenging to assess ESG factors, to perform ESG due diligence,...more

Proskauer Rose LLP

Taskforce on Nature-Related Financial Disclosures – New and Updated Nature Reporting Recommendations Published

Proskauer Rose LLP on

The NY Climate Week conference took place during the week of 18 September 2023, bringing together international leaders from business and governments. During the conference the Taskforce on Nature-related Financial...more

Latham & Watkins LLP

EU Corporate Sustainability Reporting Directive Redefines ESG Reporting

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The European Union’s Corporate Sustainability Reporting Directive (CSRD), which entered into force in January 2023, marks a new era for ESG reporting across Europe (and globally). CSRD is the latest in a wave of new rules...more

Latham & Watkins LLP

Investor Directors in the Hot Seat as Enforcement Risk Grows

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Greater focus on strong corporate governance and transparency is placing company directors in the UK and elsewhere under growing scrutiny and increased risk of individual civil and criminal liability. As new case law and...more

McDermott Will & Schulte

HPE Miami 2023 | Mitigating Risk & Liabilities: Strategies for 100 Days Post-Close and Beyond

During this session, this roundtable focused on steps that investors can take to promote compliance. Among other topics, there was discussion regarding the roles, responsibilities and best practices for those serving in board...more

Foley & Lardner LLP

An Introduction to the EU Sustainable Financial Disclosure Regime and the Draft EU Corporate Sustainability Due Diligence...

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SFDR and Asset Allocators. The European Green Deal declared climate change and environmental degradation as existential threats to Europe and the world. The European Union (EU) has set out to mobilize private financial...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] SFDR for Beginners

In this episode, the first in our three-part EU ESG Considerations for Beginners miniseries, Akin Gump financial regulatory partner Ezra Zahabi looks at the Sustainable Finance Disclosure Regulation (SFDR) and what it means...more

Latham & Watkins LLP

Working Out Worker Rights - What Recent Developments Mean for PE

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Worker classification, employee rights, and equal pay are among the issues that require careful consideration in light of recent and forthcoming changes. The COVID-19 pandemic, and the growing emphasis on ESG metrics...more

Proskauer - The Capital Commitment

The Portfolio Company Playbook – Chapter 2: Navigating Risk from Conflicts of Interest

Private funds frequently negotiate for special rights when making an investment in a portfolio company, such as the right to appoint one or more board directors, voting rights, and liquidation preferences. Fund sponsors often...more

Proskauer - The Capital Commitment

Ten Tips for Navigating Risks and Liability at Portfolio Companies During COVID-19

Many portfolio companies continue to confront business disruptions as a result of the COVID-19 pandemic. Even prior to the pandemic, we were seeing an uptick in litigation claims against sponsors and funds arising out of...more

Latham & Watkins LLP

ESG in European Private Equity: The Effects of COVID-19

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Increasing interest in ESG issues presents an opportunity for sponsors to re-evaluate their existing ESG strategies. The COVID-19 pandemic continues to present unprecedented challenges for private equity firms and their...more

Akin Gump Strauss Hauer & Feld LLP

Who is in Control? Considerations for Significant Equityholders in the Current Business Environment

Equity investors and sponsors are actively reviewing the financial needs and business operations of their portfolio companies. As a result of the economic upheaval and government-mandated social restrictions imposed by the...more

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