News & Analysis as of

Private Equity Due Diligence Risk Management

A&O Shearman

Preferred and structured equity investments in the spotlight amid uncertain markets

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Preferred equity investing is on the rise amid a search for yield and a fall in the number of high-quality assets coming to market. Here we explore the growing appeal of preferred equity instruments, outline the terms that...more

Woodruff Sawyer

Analyzing the State of M&A in 2025: Key Survey Insights

Woodruff Sawyer on

At the start of the year, we surveyed M&A lawyers to gather their perspectives on the market dynamics, the year ahead, and the impact of representations and warranties insurance (RWI) on deals. These insights are invaluable...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Empower to offer 401(k) private equity investments to participants

Empower recently made headlines by announcing a bold new initiative: giving defined contribution (DC) retirement plan participants access to private market investments. On the surface, it sounds like a win—more choice,...more

Bennett Jones LLP

Private Equity Secondaries: Adapting to Illiquidity and Risk

Bennett Jones LLP on

Global private secondary market transaction volume hit an all-time high of US$160 billion in financial year (FY)-2024, which is up 41 percent from 2023 and has surpassed projections. Private market secondaries have been...more

Goodwin

Crafting a Competitive LOI in Lower Middle Market M&A

Goodwin on

In the lower middle market — typically deals between $10 million and $100 million — the letter of intent (LOI) serves as a pivotal document that sets the tone for the transaction, shapes the seller’s expectations, and...more

Cadwalader, Wickersham & Taft LLP

Key Person, Key Risk, May 2025 - A Key Person Will Never Walk Alone . . .

For those that are not aware, Liverpool Football Club have now officially won their record equalling 20th English league football title. For the benefit of non-fans of association football or soccer (“soccer” of course...more

Proskauer Rose LLP

Market Turmoil: Proven Strategies for Managing Private Credit Portfolios Through Volatility

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As during the emergence of the COVID-19 pandemic in March 2020, private credit lenders today face the challenge of adapting to rapidly shifting circumstances driven by a volatile macroeconomic landscape. If past is at all...more

Bradley Arant Boult Cummings LLP

Spring Fever for Private Company Investors: Avoid Investing When Red Flags Are Discovered in the Company’s Garden

We have been enjoying a nice spring in Dallas – moderate temperatures, not too much rain and mostly sunny skies. In the investing world, these conditions signal that the time is ripe for a private company investment. But just...more

King & Spalding

2025 M&A Outlook: Market Shake-Ups and Dealmaking Opportunities

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This report recaps significant M&A trends, developments and challenges from 2024 that will continue to play out over the next year, and highlights emerging market shake-ups and drivers. It provides key takeaways for...more

Mayer Brown

Subscription Credit Facilities: Understanding the Collateral

Mayer Brown on

Subscription credit facilities, commonly referred to as “sub-lines” or “capital call facilities,” are a cornerstone of private equity finance. These facilities are secured by a bespoke collateral package that protects lenders...more

Stoel Rives LLP

TrendWatch: Navigating a New Era in M&A

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There’s a kind of silence that happens before a deal falls apart. It’s not dramatic. No slammed phones, no hostile emails. Just a slow drip of delays, caveats, and quiet rejections. It’s a familiar sound to anyone navigating...more

Levenfeld Pearlstein, LLC

M&A Trends in 2025: What Professional Service Firms Need to Know Before Selling

Professional services firms remain highly sought after by private equity (PE) investors. As of February 2025, the M&A landscape is showing promising signs of resurgence, with expectations of increased deal activity throughout...more

Goodwin

New Year, Similar Concerns: The FCA's 2025 Priorities for UK Private Fund Managers

Goodwin on

On 26 February 2025, the Financial Conduct Authority (FCA) published a portfolio letter (Letter) explaining its supervision priorities for the asset management and alternatives portfolios....more

Levenfeld Pearlstein, LLC

Insurance Advisory Services for Private Equity Sponsors: A Conversation with Ryan Seager at Associated (Part 1)

To help businesses, investors, and deal professionals better understand the evolving M&A market, Robert Connolly – a partner in and leader of LP’s Corporate Practice Group – shares a series of conversations with M&A experts. ...more

StoneTurn

Advance in Africa: Risk Mitigation Strategies

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Growing competition in Africa provides ample opportunities for businesses, investors, and entrepreneurs, but requires a strategic approach to navigate new challenges and opportunities. For success to be realized, new market...more

Procopio, Cory, Hargreaves & Savitch LLP

Eleven Concepts Business Teams Need to Know About Indemnification and Protection in Private Company M&A: Cutting Through the...

Privately held businesses are rarely bought or sold “as is.” Buyers of most businesses usually expect the sellers to make a comprehensive set of “representations” or “reps.” In other words, statements about the business that...more

Stevens & Lee

Planning for 2025: Track Your Post-Closing Obligations for Health Care Transactions

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While the new year presents an opportunity for businesses to look forward and set goals for performance in 2025, former owners of medical practices or other health care-related businesses who sold their enterprises in 2024...more

Ankura

Political Nexus in Indian Startups: Essential Checks for Investors

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As the Indian startup ecosystem continues to thrive, attracting substantial investments from around the globe, investors are increasingly eyeing opportunities within this burgeoning market. However, investing in Indian...more

BakerHostetler

Implications of Supreme Court's Affirmative Action Decision for M&A Execution

BakerHostetler on

The U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) has opened the door to future legal challenges against DE&I...more

BCLP

ESG Aspirations vs. Operations - Momentum in Emerging Greenwashing & Diligence Risks

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Increasing focus on ESG related progress is both commendable and imperative. The scrutiny extends beyond renewables, alternative energy, industrials and carbon impact, to all facets of global business including banks and...more

Hogan Lovells

Subscription line fraud and its impact on private equity

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Those involved in the private equity industry will have seen the recent reports of an alleged fraud on a U.S. bank by a Florida-based private equity fund manager, the accusation being that subscription agreements with LPs, as...more

Hogan Lovells

Steering the course – navigating bribery and corruption risk in private equity investments: Part 3

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Identifying Bribery and Corruption risk in the context of private equity investments (and M&A more generally) is key to ensuring the value of an acquisition. Companies will busy themselves with due diligence on tax,...more

McDermott Will & Emery

International News: Focus on Private Equity

Our Focus on Private Equity provides a global perspective on some of the challenges being faced by PE firms and how these can be successfully addressed. It also examines some of the many opportunities available, e.g., by...more

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