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Portfolio Companies Private Equity Firms Acquisitions

Jackson Lewis P.C.

ERISA Withdrawal Liability: Uncertainty Remains Regarding Private Equity Entities’ Status as ‘Employers’

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Under ERISA’s multiemployer pension plan provisions (the Multiemployer Pension Plan Amendments Act of 1974 or MPPAA), an employer who withdraws from a multiemployer pension plan normally is liable for withdrawal liability....more

Stevens & Lee

FTC Settlement Proposes Consent Order to Monitor Private Equity Firm Welsh Carson’s Acquisitions Plans

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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

Seward & Kissel LLP

Employment Considerations in Portfolio Company Acquisitions

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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

Proskauer - Regulatory & Compliance

Sanctions Considerations for Private Equity Firms – a few practical tips

Private equity firms could face significant sanctions risks when doing business with entities connected to sanctioned jurisdictions (such as Russia)...more

WilmerHale

“Roll Up” or Roll On Out: Court Dismisses FTC Lawsuit Against Private Equity Firm Welsh Carson Under Section 13(b)

WilmerHale on

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

Bass, Berry & Sims PLC

Court Dismisses “Roll-Up” Lawsuit against Private Equity Firm in Blow to FTC

Bass, Berry & Sims PLC on

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

Goodwin

Use of Equity Rollovers Continues to Rise Amid Market Uncertainty

Goodwin on

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

A&O Shearman

FTC sues PE fund and its portfolio company, signaling continued and growing focus on PE funds and roll-up acquisitions

A&O Shearman on

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

Herbert Smith Freehills Kramer

Proposed Tax Law Amendments and Tax Increases May Impact Private Equity and M&A Deals

The House Ways and Means Committee recently released legislative proposals as part of the “Build Back Better” reconciliation legislation that the committee is currently developing (the Proposed Legislation). The Proposed...more

Hogan Lovells

[Webinar] Restructuring a portfolio company webinar series: Part 2 – Distressed M&A in the U.S. - May 22nd, 11:00 am - 12:00 pm...

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The COVID-19 pandemic has resulted in significant challenges and opportunities for private equity firms and strategic buyers in the United States. Please join us for a three-part webinar series on restructuring a portfolio...more

McDermott Will & Schulte

COVID-19 – Contingency Planning Checklist for Private Equity Portfolio Companies

Following the wider outbreak of the coronavirus (COVID-19) around the world, radical—and sometimes controversial—actions have been and are further expected to be taken by national, federal and local governments and...more

Latham & Watkins LLP

Big-Ticket Fines and Veil-Piercing Cases Raise Portfolio Company Liability Risks for PE Parents

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How can private equity firms identify and mitigate inherited liability risk from vulnerable portfolio companies? Ongoing big ticket regulatory fines coupled with high profile corporate veil cases indicate that private...more

Pillsbury Winthrop Shaw Pittman LLP

PetSmart Tells PE Firms to GetSmart on Privilege

How PE firms can minimize attorney-client privilege risks after Argos Holdings Inc. and PetSmart Inc. v. Wilmington Trust N.A. PE firms face a variety of litigation and deal-related attorney-client privilege challenges...more

Foley & Lardner LLP

2018 Private Equity Industry Overview

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Private equity firms entered 2018 amid a confusing mix of record inflows and elevated prices. At the same time, new regulation was expected to raise the cost of capital while also reducing taxes, rolling back limits on...more

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