News & Analysis as of

Private Equity Firms Due Diligence

Levenfeld Pearlstein, LLC

Independent Sponsor Update: Key Takeaways from Q2

The second quarter was another busy one for us: In addition to deal work and portfolio company matters, our team attended conferences and continued to meet with various capital providers, independent sponsors, placement...more

Mintz

Serving on a Private Equity Board: Rewards and Reality

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“Should I join a private equity board, and if so, what does it take?” That’s the opening question I posed to a panel of experienced board members and private equity leaders when I moderated a recent webinar entitled, “Serving...more

Buckingham, Doolittle & Burroughs, LLC

Representations & Warranties Insurance: What You Need to Know

If you are selling a business or acquiring one, particularly in the middle market or large-cap space, you will likely hear the term representation and warranties insurance (RWI). It is a common tool in mergers and...more

Bradley Arant Boult Cummings LLP

Beware of Wolves in Sheep’s Clothing: Accepting PE Investments May Create Unforeseen Problems for Private Company Majority Owners

As private companies grow, they need to secure capital to support their efforts to provide more (and/or better) products and services to their clients. The need for emerging companies to obtain growth capital often leads the...more

Levenfeld Pearlstein, LLC

Independent Sponsor Series: A Conversation with Alexander Foshager and John Mensing of Monroe Street Partners (Part One)

Below is his conversation with Alexander Foshager and John Mensing at Monroe Street Partners (MSP), a Chicago-based investment firm that partners with family and founder-owned, lower-middle market businesses across the...more

Paul Hastings LLP

DOJ’s M&A Safe Harbor Highlights Importance of Post-Close Due Diligence and Integration

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On June 16, the U.S. Department of Justice’s (DOJ’s or Department’s) National Security Division (NSD or Division) announced they had declined to prosecute the private equity firm White Deer Management LLC for violations of...more

Alston & Bird

A DOJ Private Equity Declination and Its Lessons for Acquirers and Targets

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The DOJ declined to prosecute a private equity firm for its portfolio company’s pre-acquisition sanctions and export violations, marking the first application of the National Security Division’s M&A Policy. Our White Collar,...more

Schwabe, Williamson & Wyatt PC

Transaction Q+A: What Private Business Owners Should Know Before Selling

Brian Andreosky, President of Aldrich Capital Advisors, and lawyer Matt Bisturis, Shareholder at Schwabe, Williamson & Wyatt, P.C., discuss steps that private company owners should consider before, during, and after sale of...more

Bradley Arant Boult Cummings LLP

With Friends Like These…Exercise Caution When Adding New Business Partners

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

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

Womble Bond Dickinson

The Major Shift into Minority Investments

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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

Woodruff Sawyer

Managing Transactional Risk in 2024: A Strategy Guide

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As we move further into 2024, we have a clearer perspective on where 2023 ended in the private equity and mergers and acquisitions (M&A) market. We predict more of the same throughout 2024, but there are bright signs for...more

Goodwin

DOJ Renews Focus on Private Equity Amid Record False Claims Act Enforcement

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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

Woodruff Sawyer

[Virtual Event] Looking Ahead to 2024: Trends in M&A and Private Equity - October 24th, 10:00 am - 10:30 am PT

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Join us for a lively 30-minute discussion where our head of transactional insurance and the head of our private equity practice discuss top trends in M&A and PE. We'll cover: - The rollercoaster of RWI pricing - The RWI...more

Morgan Lewis

Private Equity Investment in Plastic Surgery Practices: 5 Key Healthcare Regulatory Due Diligence Considerations

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Intrigued by a fragmented market and the potential for scalability, private equity firms are turning to plastic surgery physician practices for new investment opportunities. This Insight discusses key healthcare regulatory...more

Woodruff Sawyer

Transactional Risk in M&A and Private Equity: Insurance Trends in 2022

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Part of every transaction’s due diligence process is the insurance and risk management workstream. Insurance and employee benefits due diligence is becoming more and more important to private equity firms looking to protect...more

Venable LLP

[Webinar] Kicking the Tires in Private Equity Healthcare Services Deals in ’22 - March 16th, 1:00 pm - 2:00 pm ET

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Please join us for a lively discussion with healthcare investors on how they are assessing risk in an extremely competitive and somewhat wild market. Ari Markenson, a partner in our healthcare and corporate practices, will be...more

McDermott Will & Schulte

[Event] HPE Miami 2022 - March 9th - 10th, Miami Beach, FL

Join us in person on Miami Beach for exclusive networking and to hear from leading investors helping shape the future of healthcare private equity. The annual HPE Miami event features a world-class faculty, offers creative...more

White & Case LLP

Global private equity delivers groundbreaking 2021

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In line with overall M&A trends, global private equity had a blockbuster 2021 by any metric, but perhaps the best is this: In a record-setting year for global M&A, a record was also set for the percentage of M&A deals that...more

Foley & Lardner LLP

PE Firm Pays Record Settlement for Allegedly Deficient Health Services: Identifying Traps for the Unwary

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In a Press Release issued on October 14 2021 by the Office of Massachusetts Attorney General Maura Healy, a potentially groundbreaking settlement was announced. Below is an excerpt from the release, followed by our takeaways....more

Bass, Berry & Sims PLC

OCR Settlement Underscores the Importance of HIPAA Privacy and Security Review in Transactional Due Diligence

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On April 28, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) entered into a resolution agreement with Peachstate Health Management, LLC, doing business as AEON Clinical Laboratories...more

Latham & Watkins LLP

Pandemic Underlines Whistleblowing Risks for PE

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In a changing social landscape, PE firms should conduct corporate culture due diligence while also ensuring the implementation of robust complaints procedures. As global businesses react to the pandemic and social movements,...more

King & Spalding

Not So Special – Securities And Antitrust Regulators May Increase Attention To SPACs In The Coming Year

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In a remarkable year for the equity markets in 2020, the increased use of Special Purpose Acquisition Companies (“SPACs”) to take companies public stands out as a defining trend. In 2020, well-known private businesses – like...more

Epstein Becker & Green

Assessing the PE Partner’s Experience, Financial Track Record, and Culture: Critical Consideration #5 - Thought Leaders in Health...

A physician group should conduct extensive “reverse due diligence” before entering into a private equity (PE) partnership. Important things to consider include: - the PE firm’s financial ability to close the transaction...more

Bass, Berry & Sims PLC

10 Trends in Physician Practice Transactions to Track in 2020

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By all accounts, 2019 proved to be another year of significant investment by private equity firms in the physician practice space. Below we discuss 10 trends we observed as counsel on a number of these transactions during...more

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