News & Analysis as of

Risk Management Private Equity Funds

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

Cadwalader, Wickersham & Taft LLP

Midyear Look: Retail Capital Rising, July 2025 - Retail Investors: Challenges and Opportunities in Subscription Finance

The growth of High Net Worth Individual (“HNWI”) allocations to alternative investments is a hot topic in fund finance. In what is widely acknowledged to be a challenging fundraising environment, fund managers have focused...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

Cadwalader, Wickersham & Taft LLP

Capital Call Securitisation, March 2025 - Subscription Finance Facilities – the Allure to Securitise: A European Perspective

Securitisation of subscription finance facilities is en vogue in fund finance. We have written previously on this topic, offering a primer on capital call securitisations and a Q&A regarding a first publicly rated cash...more

Skadden, Arps, Slate, Meagher & Flom LLP

FCA Findings on Private Market Valuations Stress Risk of Conflicts and Need for Independence

On 5 March 2025, the FCA published its findings from its multi-firm assessment of governance and valuation practices within the private market sector (Review) along with a press release. The Review focused on firms operating...more

King & Spalding

Open End Credit Funds – ESMA Is Looking for Answers

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The ESMA Consultation Paper on draft regulatory technical standards on open-ended loan-originating AIFs (OE LO AIFs) under the AIFMD, published on the 12 December 2024, aims to set out the requirements which OE LO AIFs must...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

Mayer Brown

Subscription Credit Facilities: The Importance of an Investor’s Agreement to Fund Without “Setoff, Counterclaim or Defense”

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EXECUTIVE SUMMARY - Subscription credit facilities rely on the obligations of investors to a private investment fund (“Fund”) to contribute their capital commitments to the Fund when called. From a subscription credit...more

Bennett Jones LLP

High-Net-Worth Investors to Boost Growth in Private Equity: Opportunities, Risks and Other Important Considerations

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Globally, private equity is expected to double its current assets under management (AUM) to US$12 trillion by the end of 2029, driven in large part by private wealth investors, according to new Preqin research....more

Carey Olsen

Fund Finance Laws and Regulations 2025: Assessing Lender Risk in Fund Finance Markets (GLI chapter)

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Carey Olsen have contributed to the Global Legal Insights – Fund Finance guide by authoring a chapter on assessing lender risk in fund finance markets. As the fund finance market continues to evolve, lenders will need to...more

Hogan Lovells

2025 NAV Facilities Outlook: Evolving Applications and Best Practice Considerations

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In an increasingly upbeat M&A market, use cases could grow for this popular and dynamic fund finance product. Net asset value (NAV) financing became firmly established as a core fund financing tool in the last few years as...more

Tonkon Torp LLP

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

Tonkon Torp LLP on

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

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

SEC Compliance Consultants, Inc. (SEC³)

Top Tips for Updating Your 2024 Compliance Program

Every year compliance officers face the unenviable job of performing their compliance program's annual review under Advisers Act Rule 206(4)-7). An essential element of that review is updating the firm's compliance policies...more

A&O Shearman

Private Markets 2023 – let’s check the pulse!

A&O Shearman on

As we approach the half way point in 2023, it's time to take stock of developing trends in private markets and what it could mean for the future. Our Funds and Asset Management Partner, Kamar Jaffer, has identified some...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

Foley & Lardner LLP

Payvider: The Blurring of the Lines Between Payer and Provider in Digital Health Deals

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Hosted by the Health Plan Alliance, I was joined by Ken Barrette, Managing Director of Health Care at Alvarez and Marsal, and Marshall Votta, Operating Partner at Nautic Partners, to discuss the unique opportunities that...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

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

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

Goodwin

COVID-19 and the Impact on M&A

Goodwin on

Although COVID-19 is rightfully viewed primarily as a public health and humanitarian issue, it is worth considering the potential impacts of the virus on M&A activity as this dynamic situation unfolds. We are seeing the issue...more

Latham & Watkins LLP

W&I Insurance: Exclusions and Solutions for Private Equity

Latham & Watkins LLP on

How can deal teams capitalise on the latest trend in the deal insurance market to improve bid success? The emergence of contingent risk insurance policies, which address known risks that would otherwise be excluded from...more

Hogan Lovells

Private equity funds and liability for human rights impacts: the practical implications of the UK Supreme Court's decision in...

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Could private equity funds be liable for human rights breaches by a portfolio company? A recent decision by the UK Supreme Court increases the likelihood of this outcome. This blog looks at the judgment in Vedanta Resources...more

K2 Integrity

Private Equity Is Booming. So Are the Regulatory Headaches.

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This may be private equity’s golden age, a time when firms are raising record sums and are poised to pour that capital—more than a trillion dollars, by some accounts—into investments across a host of industries. Originally...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

SEC Adopts Trade Acknowledgment and Verification Rules for Security-Based Swap Transactions - On June 8, 2016, the Securities and Exchange Commission publicized the implementation of "rules that will establish timely and...more

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