News & Analysis as of

Private Equity Enforcement

White & Case LLP

Two years of the EU Foreign Subsidies Regulation – what dealmakers need to know

White & Case LLP on

Two years ago, the FSR arrived as the new kid on the block in Brussels. Today, it is one of the EU's sharpest enforcement tools, and one that is only gaining prominence as geopolitical tensions reshape global investment and...more

Proskauer Rose LLP

Private Credit Deep Dives – What to do following an Event of Default in a consensual setting (Europe)

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Over the past year, we have seen a significant increase in Events of Default (each, an “EoD”) arising from financial underperformance. This trend is largely driven by the high interest rate and inflationary environment, with...more

Mintz

Restrictive Covenants in Private Equity Transactions

Mintz on

Restrictive covenants are unquestionably a significant deal consideration in M&A transactions. In the private equity context, a buyer is focused on restrictive covenants to protect its investment by binding the sellers and...more

Mintz - Antitrust Viewpoints

Trump Antitrust Enforcers Outline “America First” Antitrust Enforcement

Over the past few weeks, several Trump Administration antitrust enforcers at both the Federal Trade Commission (“FTC”) and U.S. Department of Justice Antitrust Division (“DOJ Antitrust”) have written or spoken about the...more

Proskauer - The Capital Commitment

Top Ten Regulatory and Litigation Risks for Private Funds in 2025

Confession: writing this in May 2025, we cannot predict with confidence what the rest of 2025 will bring. The year has already seen four months of change and upheaval – political, regulatory, and economic. The new US...more

McDermott Will & Emery

Massachusetts H.5159 Seeks to Reshape Private Equity in Healthcare

McDermott Will & Emery on

On December 30, 2024, both the Massachusetts House of Representatives and the Massachusetts Senate enacted House Bill 5159 (H.5159), and Governor Maura Healey signed it on January 8, 2025. The bill seeks to strengthen...more

Ropes & Gray LLP

Massachusetts Passes Act Implementing Broad Oversight into For-Profit Investment in Health Care

Ropes & Gray LLP on

On January 8, 2025, Massachusetts Governor Maura Healey signed House Bill 5159, An Act Enhancing the Market Review Process (the “Act”) into law, effective April 8, 2025. The Act is a compromise redraft of the separate health...more

Walkers

Schemes of Arrangement under Guernsey Company Law – a vastly flexible mechanism

Walkers on

Schemes of arrangement are a vastly flexible mechanism to implement take private transactions and other restructuring in respect of Guernsey companies. Schemes are, in effect, a legally enforceable arrangement or...more

Foley & Lardner LLP

Private Equity Investments in Oncology: Top Five Things to Know

Foley & Lardner LLP on

Although private equity (PE) sponsors have been active investors in the health care services industry for the last decade, PE-backed health care providers today constitute only 4% of the United States health market by...more

Holland & Knight LLP

5 Key Antitrust Takeaways from Holland & Knight's Panel at Nashville Healthcare Sessions 2024

Holland & Knight LLP on

2024 has been an eventful year for federal and state antitrust enforcement in healthcare with many in the industry wondering where do we go from here in 2025. Holland & Knight sponsored a breakout panel discussion at the...more

Mintz

The New Private Equity Post-Acquisition Paradigm

Mintz on

With private equity deals under harsh scrutiny from the Department of Justice, it is critical that sponsors follow appropriately structured pre and post-acquisition best practices to avoid enforcement exposure and best...more

Proskauer - The Capital Commitment

Examining the SEC’s Slew of Recent Rules and Amendments

In a wave of SEC rulemaking this past year, representing a “new world order” event akin to Dodd-Frank, the SEC has provided itself with a fresh set of tools to increase regulatory and enforcement scrutiny on private funds....more

NAVEX

Addressing Cybersecurity Expectations in Healthcare

NAVEX on

2024 is shaping up to be a very active year for regulatory and enforcement developments in the healthcare industry – developments that concern not just hospitals and nursing facilities, but many non-healthcare companies as...more

Mintz - Antitrust Viewpoints

FTC Hosts Panel and Launches Public Inquiry with DOJ and HHS on Private Equity and Health Care

As part of the Biden administration’s State of the Union blitz, the Federal Trade Commission (FTC) convened a workshop on private equity (PE) investments in the health care industry on March 5, 2024. Immediately prior to the...more

Vinson & Elkins LLP

2023 Chemicals & Energy Antitrust Report

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For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more

Mintz - Antitrust Viewpoints

New Merger Enforcement Toolkit: FTC and DOJ Release Final 2023 Merger Guidelines

On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published the long-awaited final 2023 Merger Guidelines. The 2023 Merger Guidelines are informed...more

Skadden, Arps, Slate, Meagher & Flom LLP

As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge

Key Points - - New draft merger guidelines reflect the aggressive approach that has defined merger enforcement in the Biden administration, including novel theories of harm. - Proposed changes to HSR notification will make...more

Cornerstone Research

The Popular Perspective on Merger Enforcement: Statistical Analysis of Public Comments

Cornerstone Research on

On January 18, 2022, the FTC and DOJ (the “agencies”) issued a joint request for information (RFI) asking for comments on how they should update their approach to merger enforcement. Similar to past RFIs, a variety of...more

Foley & Lardner LLP

HHS OIG: New “General Compliance Program Guidance” Provides Voluntary Steps Towards Increased Effectiveness

Foley & Lardner LLP on

In connection with the November 2023 Health Care Compliance Association’s (HCCA) Healthcare Enforcement Compliance Conference, and with acknowledgment by the Chief Counsel to the Inspector General, Rob DeConti, of the long...more

Vinson & Elkins LLP

The Heat Is on for Large Partnership Audits

Vinson & Elkins LLP on

Large partnerships are facing a sea change in tax enforcement. Beginning with the Large Partnership Compliance program announced in 2021 and its most recent announcement that it intends to “stand up” a group focused on large...more

Proskauer - Minding Your Business

Dr. StrangeGov or: Antitrust Enforcers Should Stop Worrying and Learn to Love Big Business

As this year’s roundtable of enforcers demonstrated, big business is probably antitrust enforcers’ greatest fear. Spring in Washington means Cherry blossoms and antitrust. And last week, 3,700 antitrust lawyers and government...more

Foley & Lardner LLP

Growing Scrutiny of Private Equity in Health Care

Foley & Lardner LLP on

The presence of private equity (PE) investment has exploded in recent years in all areas of the health care sector. PE in health care is a good thing when done right: It can pave the way for much needed innovation,...more

Proskauer Rose LLP

Q&A: What will be the biggest trend or issue impacting the European private funds market in 2023?

Proskauer Rose LLP on

Private equity is resilient and has been innovative in how it invests a large amount of dry powder. However, as we enter an uncertain market, what are the biggest factors that will impact how private markets raise and form...more

Sheppard Mullin Richter & Hampton LLP

Nursing Homes Beware: the Government has Increased Its Scrutiny of Related Parties

The Biden Administration has expressed a deep concern about nursing home owners and related parties excessively profiting off of the residents they serve to the detriment of quality care. To address this concern, President...more

Foley Hoag LLP

Private Equity Subject to Increased Antitrust Scrutiny from DOJ

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Transactions involving private equity should expect to face antitrust concerns from the DOJ that go beyond the question of how many competitors will remain afterwards, even if the transactions do not trigger an HSR filing. ...more

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