News & Analysis as of

Risk Management Private Equity Firms

Mintz

Serving on a Private Equity Board: Rewards and Reality

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“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

Buckingham, Doolittle & Burroughs, LLC

Representations & Warranties Insurance: What You Need to Know

If you are selling a business or acquiring one, particularly in the middle market or large-cap space, you will likely hear the term representation and warranties insurance (RWI). It is a common tool in mergers and...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

Goodwin

The UK’s Failure to Prevent Fraud Offence: Private Fund Managers, Portfolio Companies, and Placement Agents

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In a previous alert titled “UK Limited Partnership Reform Becomes Law: A Practical Guide of How Best to Get Ready to Comply,” we discussed the changes to limited partnership law ushered in by the Economic Crime and Corporate...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

Proskauer Rose LLP

2025 Private Credit Survey Shows Enthusiasm for Dealmaking and Lending in Year Ahead - Insights

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NEW YORK and LONDON, February 3, 2025 – Leading international law firm Proskauer today shared its 2025 Trends in Private Credit report, highlighting market participants’ strong belief that 2025 is expected to be an exciting...more

Tonkon Torp LLP

Optimizing the Value of a GP Advisory Board for Private Equity Funds

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Launching a private equity fund is an exciting yet daunting endeavor; and a General Partner (GP) Advisory Board can be a critical asset in navigating the complexities. Thoughtfully designing and engaging a GP Advisory Board...more

Womble Bond Dickinson

[Webinar] Data Center Legal Issues - December 18th, 11:00 am - 1:00 pm EST

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Join us for a Womble Bond Dickinson webinar tailored for private equity and data center professionals. Discover the latest legal insights and strategies to navigate the complex landscape. We will explore the critical legal...more

Troutman Pepper Locke

Massachusetts Issues Advisory Opinion With Implications for Private Equity Firms’ Use of AI

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Troutman Pepper's latest white paper explores the heightened focus on artificial intelligence (AI) by various state attorneys general (AGs), particularly in relation to data privacy laws, consumer protection statutes, and...more

McDermott Will & Schulte

[Event] Physician Practice Management and ASC Symposium 2024 - May 15th - 16th, Nashville, TN

The Physician Practice Management (PPM) and ASC Symposium 2024 is the destination event for PPM and ASC industry leaders and health industry investors. Join us as we deliver actionable insights on the state of the market and...more

Latham & Watkins LLP

Investor Directors in the Hot Seat as Enforcement Risk Grows

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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

Pension Consolidator Vehicles - A New Solution for PE

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Pension consolidators are emerging as an effective solution to manage defined benefit pension plan risk. As inflation soars and market uncertainty creates additional volatility for UK defined benefit pension (DB) plans,...more

White & Case LLP

Reverse break-up fees emerge in response to deal terminations

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Even as economies pick up, dealmakers have maintained focus on managing the risk of broken deals - Lockdowns in 2020 brought a large uptick in terminated deals—and although broken deal rates have slowed, there has been a...more

McDermott Will & Schulte

[Virtual Event] HPE Europe 2021 - June 23rd - 24th, 12:20 pm - 1:30 pm GMT

This year, recognising that as we are still unable to meet in person, our HPE Europe EVENT will be going ahead with two exclusive, virtual extended lunch time sessions. We will be joined by investors including key players...more

McDermott Will & Schulte

[Webinar] The Explosion of SPACs – What Private Equity Wants to Know - August 6th, 1:30 pm - 2:15 pm EDT

The interest in special purpose acquisition company (SPAC) transactions continues to skyrocket, with nearly half of all IPOs year-to-date filed by SPACs and with “de-SPAC” transactions increasing. Join McDermott on...more

Williams Mullen

Why Senior Health Care Asset Owners and Investors Should Reexamine Their Loan Agreements

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Although it seems like we have been enduring COVID-19-related issues for a while, the crisis has been with us for only a few months. Given that length of time, it is reasonable to assume that most loan agreements executed by...more

WilmerHale

Private Equity Firms, the Healthcare Industry, and the FCA: The “Butterfly Effect” in Action?

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When Riordan, Lewis & Haden Inc. (RLH), a private equity firm, found itself ensnared in a False Claims Act (FCA) litigation for its role in a prescription drug kickback scheme orchestrated by one of its portfolio companies,...more

Latham & Watkins LLP

No-Poach Prosecutions: A Growing Problem for Private Equity?

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Buyout firms and portfolio companies should take note of heightened scrutiny of HR and employment practices by antitrust enforcers, both in the US and in Europe. No-poach and wage-fixing agreements — arrangements between...more

Pillsbury Winthrop Shaw Pittman LLP

Developments Highlight Secondary Liability Risks for Private Funds

DOJ settlement signals need for enhanced False Claims Act scrutiny. Private funds continue to face heightened secondary liability risks arising from their portfolio investments....more

Latham & Watkins LLP

Opportunities and Challenges for Private Equity Investment in the Insurance Sector

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Recent private equity investments in high-profile deals, such as Bain Capital’s acquisition of esure and Apollo’s acquisition of Aspen Insurance, have brought European insurance sector deal values to record highs. Regulatory...more

Seyfarth Shaw LLP

Suffering From Withdrawal Following An Acquisition: Private Equity Company Liable For Successor Withdrawal Liability

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Given the Ninth Circuit’s recent holding that successor withdrawal liability is governed by a constructive notice standard, private equity companies and other businesses seeking to acquire other enterprises should be...more

Bass, Berry & Sims PLC

Spring Cleaning: Healthcare Private Equity Compliance Checklist - Important questions for every healthcare private equity firm

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Spring cleaning season has arrived! This time of year serves as the perfect opportunity to revisit your portfolio company’s healthcare compliance. The complex and ever changing healthcare regulatory and enforcement...more

Latham & Watkins LLP

Buyout Firms Must Take Action to Respond to Global Cyber Threats

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Cybercrime has become a critical issue for buyout firms as hackers are increasingly targeting sensitive business data to profit from insider knowledge. According to a Private Funds Management survey of 91 PE houses, 54% of PE...more

Morgan Lewis

Trading and Markets Enforcement Report - January 2017

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January 2017 - The last several years have seen law enforcement and regulatory bodies sharpen their focus on trading activity in the securities and derivatives markets. This focus has coincided with the advent of new and...more

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