News & Analysis as of

Risk Management Private Equity

Benesch

Dental/DSO Intelligence Monthly Report: July 2025

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As government scrutiny of the healthcare industry intensifies, enforcement agencies are casting wider nets to recover funds based on narrowly interpreted violations. This puts not only healthcare providers but also those...more

Ropes & Gray LLP

U.S. Cybersecurity Sector Recap

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M&A activity in the cybersecurity sector is on pace to exceed 2024 volume by 10% in 2025, with continued consolidation as larger firms acquire niche players to enhance capabilities or expand product offerings. The...more

Troutman Pepper Locke

A New Brand of Uncertainty? — PE Pathways Podcast

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Partner Jeremy Levy hosted the first live recording of PE Pathways at Troutman Pepper Locke's third annual Private Equity Perspectives Summit, held this year in Kohler, WI. Jeremy was joined by Troutman Pepper Locke Partner...more

Woodruff Sawyer

RWI for Small Deals: A Strategic Shift in Product Design

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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

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

Troutman Pepper Locke

Private Credit Funds as Key Lenders in Subscription and NAV Lines: Market Insights

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Private credit funds (PCFs) are emerging as key players in the subscription and net asset value (NAV) line market, significantly impacting fund financing. Regulatory changes, economic trends, and strategic innovations are...more

DLA Piper

Private Credit Market Trends: Insights From the Debtwire Private Credit Forum

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Several members of DLA Piper’s Private Credit team recently attended the Debtwire Private Credit Forum, which brought together industry participants for in-depth discussions concerning the current landscape and future trends...more

Walkers

Going solo: Guernsey structures for single investor or single asset mandates

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Guernsey has established itself as a sophisticated, stable jurisdiction for the structuring of alternative investment funds and bespoke vehicles. Among its suite of offerings, Guernsey permits the formation of unregulated...more

A&O Shearman

UK House of Lords committee launches call for evidence on growth of private markets

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The House of Lords Financial Services Regulation Committee (the Committee) has launched a call for evidence as part of its inquiry into the growth of private markets in the UK following the regulatory reforms introduced after...more

Thomas Fox - Compliance Evangelist

Daily Compliance News: July 11, 2025, The What is a COI Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News....more

Goodwin

Convergence and Flexibility: LP Clawback Provisions in Private Funds

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A majority of private fund managers set the clawback limit at 25%, but they calculate the clawback differently depending on fund type. Limited partner (LP) clawback provisions enable fund managers to call back previously...more

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

Insuring Fund Liability Risks: A Guide to GPL Coverage for Venture Capital and Private Equity Firms - 2025 Edition

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Woodruff Sawyer has been a leader in the fund-level General Partnership Liability (GPL) space since the creation of this insurance product over 30 years ago. In today’s environment, it’s essential that venture capital,...more

Ropes & Gray LLP

Energy Transition: Navigating Europe's Short-Term Volatility and Long-Term Gains

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It might appear as though investors are struggling to see how to make the energy transition profitable, but European investor appetite hasn’t waned for the right transaction. Below we consider some topical issues and risk...more

J.S. Held

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

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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

Orrick, Herrington & Sutcliffe LLP

Fed releases annual stress test results for 2025

On June 27, the Fed released the results of its annual supervisory stress test, evaluating how large banks would perform under hypothetical adverse economic conditions. The Fed conducts stress tests annually as part of its...more

Mayer Brown Free Writings + Perspectives

SEC Office of the Investor Advocate Report

Pursuant to the Securities Exchange Act, the Investor Advocate is required to file two reports annually with the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the...more

DLA Piper

DLA Piper Annual State of the Market Real Estate Survey

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A market of mixed sentiments: DLA Piper’s two-part survey of commercial real estate leaders captures evolving views in 2025 shortly before and after the emergence of new US trade policies – offering a revealing snapshot of...more

Woodruff Sawyer

Guide to Private Company D&O Insurance, 2025

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Most private companies operate for years without ever facing a directors & officers (D&O) insurance claim. That’s why the risks can be easy to overlook. But D&O litigation isn’t just about major scandals or headline-making...more

Ankura

Where's My MOIC? Come Along on the Innovation Journey if You Dare

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Let us cut to the chase: In the high-stakes world of middle-market enterprises, innovation is not a luxury—it is survival calculus. Your Multiple of Invested Capital (MOIC) is not just a number on a spreadsheet; it is the DNA...more

Cadwalader, Wickersham & Taft LLP

Debt by Design, June 2025 - Permitted Indebtedness

Before a subscription lender can enter into a subscription credit facility with a fund, the subscription lender will need to review the limited partnership agreement (“LPA”) of such fund to confirm the LPA allows for...more

Proskauer - The Capital Commitment

Protecting Sponsors from Emerging Portfolio Company Risks through Insurance

In addition to the normal operational and legal risks associated with owning and managing portfolio companies, 2025 has introduced or exacerbated a wave of geopolitical and macroeconomic risks such as inflation, tariffs,...more

Proskauer - The Capital Commitment

Navigating Earn-Out Disputes: Key Considerations for Private Funds

Times of economic volatility often increase disparities between a seller’s valuation and the buyer’s valuation of the same company. Earn-out provisions are one tool frequently used to address such disparities. An earn-out...more

Proskauer - The Capital Commitment

Three Risks to Monitor in Private Credit

Private credit has become an essential source of financing globally, with fund sponsors enjoying strong demand from borrowers, market participants, and investors.  However, as the industry’s “golden age” continues, regulatory...more

Woodruff Sawyer

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

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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

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