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Valuation

Orrick, Herrington & Sutcliffe LLP

#Antidilution: Sunset or Fall-Away Provisions in Antidilution Protection Clauses | Legal Ninja Snapshots

Welcome back to the Orrick Legal Ninja Snapshot! In today's fast-evolving venture capital landscape, we're seeing a new twist on an old favorite: sunset or fall-away provisions in antidilution protection. As the German VC...more

Goodwin

In Management Equity Repurchases, Who Determines Fair Market Value?

Goodwin on

A majority of private equity firms prefer for their boards to value departing management’s equity, but approaches vary based on the applicable circumstances. When management equity holders leave a private equity-backed...more

Husch Blackwell LLP

Impact of Federal Legislation on the Useful Life and Value of Energy Assets

Husch Blackwell LLP on

Domestic energy production was a subject of much attention in the recently passed federal legislation. That legislation eliminated significant future tax incentives for new construction of large-scale wind and solar projects....more

Fenwick & West LLP

Convertible Notes & SAFEs: Still Popular, But Terms Are Tightening

Fenwick & West LLP on

Convertible instruments held steady in Q1 2025, but the terms are shifting in favor of investors. Interest rates on convertible notes rose by 200 to 300 basis points, and discount rates climbed as high as 10.5 percentage...more

Winstead PC

Driving an Optimal Outcome When Selling a Business

Winstead PC on

Selling a business is a rigorous, time-intensive, emotional, and costly process. Business sellers are often navigating this process for the first, and only, time. This guide is designed to help ready sellers with the sale...more

Troutman Pepper Locke

Strategic Alignment With Collaboration Partners Is Essential to a Successful Life Sciences M&A Exit

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In the midst of shifting political headwinds and a tight funding market, many life sciences companies are considering their M&A exit. Potential acquirers (both strategic and private equity) have plenty of dry powder and are...more

Conyers

The Duties of Independent Directors in Amalgamations and Mergers

Conyers on

This article is the second of a three-part series analysing the decision of Justice Martin in Glendina Pty Limited & Ors v NKWE Platinum Ltd (2025) SC (Bda) 15 Civ – the first “fair value” appraisal claim under section 106...more

Farrell Fritz, P.C.

Private Equity’s Plan B: Navigating the Exit Drought with Continuation Funds

Farrell Fritz, P.C. on

In a typical bull market, private equity sponsors exit out of portfolio assets through IPOs, strategic sales and sponsor-to-sponsor buyouts. But the 2025 deal market has proven to be neither typical nor robust....more

Schwabe, Williamson & Wyatt PC

Coordination Can Be Key in Corporate Governance and Estate Planning

Corporate lawyers and estate planning lawyers both play key, but different, roles in the success of business clients. Corporate attorneys typically help businesses choose the proper legal structure, navigate the complexities...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Estate Planning and Estate Administrations During Economic Downturns

In uncertain economic times, many individuals are concerned about the value of their investments, and for good reason. When the stock market dips or real estate prices fall, the effect isn’t just felt in personal investment...more

Proskauer Rose LLP

UK Tax Round Up - June 2025

Proskauer Rose LLP on

Welcome to the June edition of our UK Tax Round Up, which discusses HMRC’s response to its consultation on the new UK carried interest regime to be introduced next year and interesting cases on the main purpose test in the...more

Smith Debnam Narron Drake Saintsing & Myers,...

Cryptocurrency and Divorce: How Digital Assets Are Divided In North Carolina

Cryptocurrency, such as Bitcoin and Ethereum, is a growing part of many couples’ financial portfolios. However, unlike more traditional, tangible assets, cryptocurrency poses a unique challenge in divorce proceedings....more

Whiteford

Private Company M&A - Reverse Diligence: Questions Sellers Should Ask of Bidders

Whiteford on

When selling a private company, Sellers understandably focus on providing bidders with a comprehensive data room packed with detailed documents and information about every aspect of their business. They expect bidders to pore...more

Frost Brown Todd

Integrating Sale-Leaseback Transactions with Mergers and Acquisitions: A Value-Maximization Strategy

Frost Brown Todd on

When business owners contemplate transitioning to their next venture or life phase, strategically combining a sale-leaseback transaction with a merger and acquisition (M&A) deal can unlock substantial value and optimize...more

Walkers

Privy Council clarifies secured party’s duty when realising security

Walkers on

The Privy Council has clarified that the duty of care to "obtain the best price reasonably obtainable" in the sale of secured collateral does not require a secured party to improve an asset before sale to obtain the best...more

A&O Shearman

Great Fund Insights: Navigating NAV issues in open-ended real estate funds during economic challenges

A&O Shearman on

This publication focuses on the key issue currently facing managers of open-ended real estate funds offered to institutional investors: the difficulty of striking reliable valuations of properties under the economically...more

Husch Blackwell LLP

ESOPs for Cannabis Companies

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Employee stock ownership plans (ESOPs) have been used as a business succession strategy by employers across many industries. In the cannabis industry, ESOPs have come and gone and come again as a trendy topic promising to fix...more

Orrick, Herrington & Sutcliffe LLP

UK Founder Series: When EMI and CSOPs Don’t Fit: Unlocking the Power of Growth Shares and JSOPs

Orrick's Founder Series offers monthly top tips for UK startups on key considerations at each stage of their lifecycle, from incorporating a company through to possible exit strategies. The Series is written by members of our...more

Arnall Golden Gregory LLP

If You Want It, Here It Is, Come and Get It: Preparing Your Music Catalog to Attract the Right Buyers

Mo Money, Mo Problems? In March 2025, music publishing giant Primary Wave acquired a substantial stake in the Notorious B.I.G. music catalog with an estimated value of $200 million....more

J.S. Held

“Unlocking Liquidity Through Fine Art Appraisal and Lending”

J.S. Held on

It is widely understood that fine art collectors frequently identify investment as a primary motivation for acquiring fine art. Considering the fluctuating financial markets and prevailing global uncertainties, many fine art...more

Ankura

Where's My MOIC: Strategic Preparation for Maximum Value in PE Portfolio Exits

Ankura on

The Strategic Imperative of Early Exit Planning - In the high-stakes world of private equity, the difference between a good and great multiple on invested capital (MOIC) often hinges on meticulous preparation long before a...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

J.S. Held

Valuation Issues When Quantifying Economic Damages for International Arbitration Proceedings

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Economic damages are seen as the Holy Grail of any international arbitration. The amount of compensation for financial losses is the ultimate goal of the Claimant, who seeks to be compensated for the damages suffered, but...more

Bradley Arant Boult Cummings LLP

The Business Valuation Blues: Sing a Different Song When the Valuation Experts Disagree

One of the thorniest issues private company owners and minority investors may be required to confront in going through a business divorce is determining the value of the minority interest being purchased. It is not unusual...more

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