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J.S. Held

Unlocking Organizational Capacity for Change: A 6Cs Framework for Private Equity Transformation and Value Creation

J.S. Held on

In all companies, positive change creates enterprise value. For private equity and other similar investors, change is critical to value creation strategy. For these investors, change is also measured by the speed to benefit...more

Davis Wright Tremaine LLP

Food Venture Financing News - Weekly Issue No. 226

This week's featured corporate venture and private equity fund is BRF S.A. - BRF S.A., based in Brazil, is one of the largest global food companies. It has nearly 100,000 employees working out of 120 countries....more

Stevens & Lee

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

Stevens & Lee on

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

Goodwin

Trends in Equity Repurchasing in PE: Rollover vs. Incentive Equity

Goodwin on

Private equity (PE) sponsors often provide incentives to founders, equity holders, employees, directors, and officers of portfolio companies in the form of rollover equity or incentive equity to align their interests with...more

Goodwin

Stretching and Flexing - Part Two: Keeping the Management Team Incentivised for the Longer Journey

Goodwin on

Parties facing these issues often propose a MIP reset to realign management’s interests with those of the original (and, if applicable, new) sponsor until the eventual full exit. MIP resets have long been used to rescue...more

Goodwin

Stretching and Flexing - Part 1 Addressing Longer Hold Periods

Goodwin on

Patience is proving to be a virtue for a private equity industry that began 2024 sitting on more than 28,000 portfolio companies valued at more than $3 trillion, according to a report by Bain & Company, as average hold...more

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks: Navigating PE Realization and Structuring Products for Wealthy Individuals with Hg Capital

In this episode, we’re joined by Steven Batchelor and Martina Sanow of Hg Capital, one of the largest and most successful private equity firms in the world. Specializing in technology, financial services software, and...more

Womble Bond Dickinson

The Major Shift into Minority Investments

Womble Bond Dickinson on

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

Troutman Pepper Locke

Federal Court Dismisses Antitrust Claims Against Private Equity Firm

Troutman Pepper Locke on

Private equity firms can breathe a sigh of relief after a federal judge dismissed claims that threatened to establish a precedent for holding private equity firms liable for certain actions by their portfolio companies....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

Hogan Lovells

Private equity – Navigating manager exits and management incentives in challenging times

Hogan Lovells on

This article discusses the key issues to be considered where a senior executive’s employment is to be terminated and the management incentive plan needs a reset, all in the context of operating in times of economic stress....more

Holland & Knight LLP

Key Considerations for Independent Sponsors Regarding Portfolio Company Governance

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Holland & Knight's Independent Sponsors Team has seen an increasing number of independent sponsors taking part in transactions of seemingly all shapes and sizes. With increasing variation of transactions comes increasing...more

Goodwin

Incentive Equity: Vesting Criteria for Management Teams of PE-Backed Portfolio Companies

Goodwin on

Vesting terms for incentive equity arrangements of private equity (PE) backed portfolio companies can come in many shapes and sizes. While many PE sponsors have their own preferred vesting terms, deal practitioners should...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

Goodwin

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

Goodwin on

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

Bass, Berry & Sims PLC

What Constitutes Control and How Much is Too Much? Considerations for Private Equity Firms and Their Physician Practice Management...

If you are a private equity (PE) firm that invests in physician practice management companies, it is a common question: What constitutes control, and how much is too much? This is a question that commonly has been asked under...more

A&O Shearman

Impact of recent corporate criminal liability reforms for PE firms

A&O Shearman on

The new failure to prevent fraud offence and new ‘senior manager’ attribution test for corporate criminal liability contained in the Economic Crime and Transparency Act 2023 are relevant to private equity firms for two key...more

Latham & Watkins LLP

Enforcement of “Interlocking Directorates” Accelerates With DOJ-Announced Resignations and FTC Consent Agreement

Latham & Watkins LLP on

Companies should take a proactive approach as US antitrust agencies continue to enforce Section 8 of the Clayton Act. The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) Antitrust Division (the...more

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks Episode 8: Scaling Founder-Owned Businesses with Lincolnshire Management’s Matt Nacier

On the latest episode of Private Market Talks, we dive into the world of private equity with Matt Nacier, principal at Lincolnshire Management and member of the firm’s origination team. Lincolnshire Management is a middle...more

Latham & Watkins LLP

Investor Directors in the Hot Seat as Enforcement Risk Grows

Latham & Watkins LLP on

Greater focus on strong corporate governance and transparency is placing company directors in the UK and elsewhere under growing scrutiny and increased risk of individual civil and criminal liability. As new case law and...more

Latham & Watkins LLP

PE on Red Alert for Greenwashing in Light of UK Developments

Latham & Watkins LLP on

PE firms face growing regulatory and litigation risks from greenwashing claims as they navigate a fragmented anti-greenwashing landscape. Amid concerns of exaggerated or misleading sustainability claims, the UK Financial...more

Latham & Watkins LLP

Worker Windfalls Bring Benefits for PE

Latham & Watkins LLP on

Sponsors are likely to explore share-based schemes and other plans to incentivise non-managerial staff. Incentivising management with sweet equity and co-investment opportunities is a tried and tested strategy for buyout...more

Latham & Watkins LLP

Bridging the Gap Between Infrastructure and PE Requires a Fresh Approach to Deal Terms

Latham & Watkins LLP on

PE firms seeking to attract a broader range of bidders to portfolio company sales should assess the changing needs of infra-investors. As the boundaries of what constitutes “infrastructure” assets have blurred in recent...more

Latham & Watkins LLP

PE Sponsor and Majority-Owned Portfolio Company Considered Single Entity Under the Sherman Act

Latham & Watkins LLP on

PE firms with non-competitor, majority-owned portfolio companies will face reduced risks of antitrust liability under Section 1 of the Sherman Act in the Eleventh Circuit. On May 24, 2022, the United States Court of...more

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