Third-Party Risk Management in Bank-Fintech Partnerships: Strategies and Insights — Payments Pros – The Payments Law Podcast
Importance of Monetizing Intellectual Property Assets of a Portfolio Company
Private Equity and Delaware Law – Part Two
Private Equity and Delaware Law – Part One
What to Expect from the Biden Administration
The Reintroduction of Net Operating Loss - A Pepper Hamilton and Financial Executives Alliance Webinar
Viewpoints: Portfolio Company Pension Liabilities
Videocast: Asset management regulation in 2020 videocast series – Investment company developments
Fundraising Trends in Private Equity for GPs and LPs
Podcast: International Finance Corporation (IFC) Impact Investing Standards
Podcast - Credit Funds: How PE Funds Can Address and Minimize Conflict When Expanding Into Credit
In a previous alert titled “UK Limited Partnership Reform Becomes Law: A Practical Guide of How Best to Get Ready to Comply,” we discussed the changes to limited partnership law ushered in by the Economic Crime and Corporate...more
In all companies, positive change creates enterprise value. For private equity and other similar investors, change is critical to value creation strategy. For these investors, change is also measured by the speed to benefit...more
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
We previously reported on the Federal Trade Commission’s (FTC) lawsuit against U.S. Anesthesia Partners (USAP) and the private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson). In the lawsuit, the FTC alleges that...more
A private equity (PE) firm’s primary objective is to generate returns on its investments. When a PE firm acquires a portfolio company (PortCo), one way the PE firm increases its returns is by making employment-related...more
Private equity (PE) sponsors often provide incentives to founders, equity holders, employees, directors, and officers of portfolio companies in the form of rollover equity or incentive equity to align their interests with...more
Money talks when the majority owners of private companies add new business partners who contribute additional capital. When these investors are high-powered PE firms or high-profile companies, with large balance sheets and...more
Private equity firms could face significant sanctions risks when doing business with entities connected to sanctioned jurisdictions (such as Russia)...more
Parties facing these issues often propose a MIP reset to realign management’s interests with those of the original (and, if applicable, new) sponsor until the eventual full exit. MIP resets have long been used to rescue...more
Patience is proving to be a virtue for a private equity industry that began 2024 sitting on more than 28,000 portfolio companies valued at more than $3 trillion, according to a report by Bain & Company, as average hold...more
In this episode, we’re joined by Steven Batchelor and Martina Sanow of Hg Capital, one of the largest and most successful private equity firms in the world. Specializing in technology, financial services software, and...more
The venture capital markets are experiencing a prolonged expansion in both the number and type of investors willing to make minority (non-controlling) investments. This heightened competition for investment opportunities and...more
Private equity firms can breathe a sigh of relief after a federal judge dismissed claims that threatened to establish a precedent for holding private equity firms liable for certain actions by their portfolio companies....more
In a decision with significant implications for private equity firms and minority investors, on May 13, 2024, the US District Court for the Southern District of Texas dismissed the Federal Trade Commission’s (FTC) suit...more
On May 13, a federal district court in Texas dismissed private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson) from an antitrust lawsuit filed by the Federal Trade Commission (FTC). The lawsuit, which was...more
This article discusses the key issues to be considered where a senior executive’s employment is to be terminated and the management incentive plan needs a reset, all in the context of operating in times of economic stress....more
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
Vesting terms for incentive equity arrangements of private equity (PE) backed portfolio companies can come in many shapes and sizes. While many PE sponsors have their own preferred vesting terms, deal practitioners should...more
Since 2020, a steadily increasing number of middle-market private equity deals have included equity rollovers. Given the current acute challenges in arranging acquisition financing on palatable terms and a...more
2023 was another record year for False Claims Act enforcement. On February 22, 2024, the U.S. Department of Justice (DOJ) announced that the federal government and whistleblowers were party to a record number of FCA...more
If you are a private equity (PE) firm that invests in physician practice management companies, it is a common question: What constitutes control, and how much is too much? This is a question that commonly has been asked under...more
The new failure to prevent fraud offence and new ‘senior manager’ attribution test for corporate criminal liability contained in the Economic Crime and Transparency Act 2023 are relevant to private equity firms for two key...more
On September 21, 2023, the Federal Trade Commission (FTC) filed a groundbreaking complaint in federal court against PE fund Welsh Carson and its portfolio company, U.S. Anesthesia Partners (USAP), making good on its promise...more
Companies should take a proactive approach as US antitrust agencies continue to enforce Section 8 of the Clayton Act. The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) Antitrust Division (the...more
On the latest episode of Private Market Talks, we dive into the world of private equity with Matt Nacier, principal at Lincolnshire Management and member of the firm’s origination team. Lincolnshire Management is a middle...more