News & Analysis as of

Private Equity Due Diligence

Tarter Krinsky & Drogin LLP

Bridging the Valuation Gap: Earnouts and RWI

In today’s mergers and acquisitions (M&A) market, a challenge for dealmakers is the gap in valuation expectations between buyers and sellers. Economic uncertainty and a high-interest rate environment have made buyers more...more

Pillsbury - Propel

Asset vs. Equity Deals in M&A: Strategic and Legal Perspectives

Pillsbury - Propel on

Mergers and acquisitions (M&A) play a pivotal role in driving corporate growth, enabling strategic restructuring, and unlocking ownership value. ...more

Cadwalader, Wickersham & Taft LLP

Back to School: Lessons in NAV Lending, September 2025 - Taking Security in NAV Lending: The SPV Pledge

When taking security over a portfolio of investments in a NAV facility, it may be difficult or costly to take security over the borrower’s investments. A common solution is to implement what we refer to as the SPV pledge....more

Proskauer Rose LLP

The Case for Accountancy: Why Private Equity Investors Are Targeting the Sector

Proskauer Rose LLP on

Accountancy has become one of the most attractive areas for private equity investment, with numerous recent high-profile deals making headlines. Several key business fundamentals make accountancy practices appealing to PE...more

Goodwin

Privatizing Public REITs: Strategic Considerations and Legal Insights

Goodwin on

The take-private REIT and Real Estate M&A market has remained active throughout the first half of 2025 as increased and persistent volatility in the stock market, coupled with private funds and others having vast amounts of...more

Sheppard Mullin Richter & Hampton LLP

Crossing the Atlantic: Navigating Differences in US and UK M&A Practice

Transactions in the United States and the United Kingdom can have material differences, particularly with respect to purchase price adjustment mechanics, due diligence processes, equity incentives, third-party reliance on...more

Cadwalader, Wickersham & Taft LLP

In Our Back to School Era, August 2025 - Taylor Swift and Fund Finance

With her latest album announcement last week, she has taken over headlines everywhere, again, so why not Fund Finance Friday? From her three-and-a-half-hour long concerts on her recent Eras tour (149 dates in 51 cities across...more

Morgan Lewis

The Impact of Noncompete Laws on Private Equity Transactions and Talent Strategies

Morgan Lewis on

Noncompete agreements, a type of restrictive covenant, have long been used to protect proprietary assets such as goodwill, customer relationships, employee relationships, trade secrets, and other confidential information. In...more

Bennett Jones LLP

Family Offices Driving Change in Private Equity: Key Trends and Investment Structures

Bennett Jones LLP on

In recent years, family offices have evolved from indirect, secondary and/or background investors into highly active and influential players in the private equity space. In 2025, this shift is no longer a trend, it is a...more

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

Mintz on

“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

Arnall Golden Gregory LLP

Navigating the Evolving M&A Landscape in the Care-at-Home Industry

The merger and acquisition environment for the care-at-home sector, including hospice, home health, and private duty services, has shifted significantly. At the 2025 Financial Summit hosted by the National Alliance for Care...more

Clark Hill PLC

BBP Holdco v. Brunswick: Delaware Superior Court reinforces M&A fair disclosure standards

Clark Hill PLC on

In BBP Holdco, Inc. v. Brunswick Corporation, decided July 14, the Delaware Superior Court delivered a resounding defense of the “fair disclosure” standard in M&A transactions. Judge Paul R. Wallace’s 45-page decision after...more

Vinson & Elkins LLP

Practice Leader Insights From V&E's Ben Higson

Vinson & Elkins LLP on

In this Law360 U.K. Expert Analysis series, practice group leaders share thoughts on keeping the pulse on legal trends, tackling difficult cases and what it takes to make a mark in their area. In this installment, Ben Higson,...more

Offit Kurman

Deal Flow Thawing: Is the M&A Market Finally Finding Its Footing?

Offit Kurman on

After a rocky past six months, there is cautious optimism that merger and acquisition (M&A) activity is beginning to unfreeze. For much of the past year, there have been mismatched expectations around valuations and limited...more

Bass, Berry & Sims PLC

Key Considerations for Dental Service Organization Transactions

Dental service organizations (DSOs) enable dental practices and their providers to focus on patient care while outsourcing administrative, billing, and other non-clinical functions. As private equity interest in healthcare...more

Herbert Smith Freehills Kramer

LP-led Fund Secondaries – What You Need to Know

Fund secondaries transactions have grown enormously over the last 20 years or so. Recently, funds have been under pressure to return capital to investors in the context of a range of market constraints on traditional exit...more

Husch Blackwell LLP

DOJ Declines to Prosecute Private Equity Firm After Self-Disclosure Related to Acquired Company

Husch Blackwell LLP on

Last year, the Department of Justice (DOJ) National Security Division (NSD) updated its Enforcement Policy for Business Organizations to include guidance related to voluntary self-disclosures in connection with acquisitions....more

Woodruff Sawyer

RWI for Small Deals: A Strategic Shift in Product Design

Woodruff Sawyer on

The US representations and warranties insurance (RWI) market has long been a fixture in M&A transactions, particularly in the mid- and large-cap space. But as dealmakers increasingly look to scale through smaller...more

Cadwalader, Wickersham & Taft LLP

Chasing the Clock, July 2025 - Need an Expedited Closing? Let’s Talk About It.

The growing need for quick capital in today’s fluid investing market has led to a recent trend of requests for expedited closings with aggressive timelines and inflexible targeted closing dates. While banks certainly strive...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

Troutman Pepper Locke

Strategic Alignment With Collaboration Partners Is Essential to a Successful Life Sciences M&A Exit

Troutman Pepper Locke on

In the midst of shifting political headwinds and a tight funding market, many life sciences companies are considering their M&A exit. Potential acquirers (both strategic and private equity) have plenty of dry powder and are...more

Mintz

[Podcast] Mintz On Air: Practical Policies — A Private Equity Non-Compete Primer

Mintz on

Member Jen Rubin is joined by Associate Tom Pagliarini to discuss the strategic use of restrictive covenants in private equity transactions. This episode is part of a series of conversations designed to help employers...more

Mintz - Employment Viewpoints

Mintz On Air: Practical Policies — A Private Equity Non-Compete Primer

Member Jen Rubin is joined by Associate Tom Pagliarini to discuss the strategic use of restrictive covenants in private equity transactions. This episode is part of a series of conversations designed to help employers...more

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