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Private Equity and Hedge Funds Are Out: SBA Evicts Certain Funds From the PPP Program

In its most recent round of guidance, the SBA stated succinctly that private equity funds and hedge funds are not eligible for relief under the Paycheck Protection Program. The guidance is brief and lacks most important...more

FAQs: The Affiliation Rules' Impact on PPP Loans to Private Equity and Venture Firms

We have been getting tons of questions from our private fund clients about whether they (and their portfolio companies) can access funds through the CARES Act loan programs for small businesses. Below are answers to your most...more

Your Business Health Checkup: How Asset Managers Are Thriving Through COVID-19

While the current pandemic has thrown financial markets into upheaval, there are many things asset managers can be doing now to limit their exposure and to set themselves up for exceptional returns going forward. Consider...more

Another Reason for Funds to Think About Diversity: Their Portfolio Company Boards May Require It

Whether you are running a private equity, venture or hedge fund, you have to think about corporate boards....more

Show Me the Data: Investors Demand Better ESG Disclosures

Asset managers are always looking for a valuation edge. But even when key factors are identified, the data may not be available. This is particularly true with environmental, social and governance (ESG) issues. ...more

Women Investing in Women's Health: The Rise of Femtech Companies and Investors in Celebration of Women's History Month

Just a few years ago, investment in women’s health was sparse. Global funding for the femtech sector had barely reached $100 million and there continued to be a glaring lack of research into critical areas such as female...more

PE Investment in Physician Practice Management – What's to Come in 2019?

Private equity (PE) investors entered the physician practice management (PPM) market in 2011, and eight years later the PPM sector continues to be a ripe middle market for PE investors looking to diversify their portfolios. ...more

SEC Continues to Expand Examinations Focused on Crypto-Assets

Jay Clayton, chairman of the Securities and Exchange Commission (SEC or Commission), made clear back in December 2017 that his Commission was concerned with the proliferation of crypto-assets....more

[Webinar] Corporate Governance: Board Meetings and Minutes - June 19th, 12:00pm ET

Speakers will review best practices for planning, conducting and keeping records of meetings of the board of directors, and will provide guidance under Delaware and Ohio law on how directors can demonstrate that they have...more

SEC Suffers Loss in Tilton Matter: Is the Commission Losing its Home Court Advantage?

Since the passage of the Dodd-Frank Act in 2010, the securities defense bar has voiced concern that the Securities and Exchange Commission (SEC) receives an unconstitutional and inherently unfair “home court advantage” when...more

Co-Investment: How Private Equity Firms Can Protect Themselves and Still Make Their Investors Happy

Co-investment is a major topic in the private equity industry these days. General partners of private equity funds are faced with more and more demand from investors for co-investment opportunities or, at a minimum, the...more

Securities and Governance Update – June 2017

As part of BakerHostetler’s commitment to serve as a strategic business partner, we are pleased to publish this resource, which is designed to keep executives, corporate counsel and governance professionals apprised of...more

Tenth Circuit Creates Circuit Split on the Constitutionality of SEC Administrative Law Judges

On December 27, 2016, a divided panel of the Tenth Circuit Court of Appeals found the SEC’s use of administrative law judges (“ALJs”) unconstitutional, setting aside an ALJ’s administrative order finding David F. Bandimere...more

District Court Follows Supreme Court’s Lead in Halliburton, Allows Class Action to Proceed with Narrowed Factual Scope

Applying the Supreme Court’s landmark decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (“Halliburton II”), which allowed companies facing securities fraud class actions to defeat certification...more

Basic Is Dying a Slow Death: The Supreme Court Upholds the Fraud-on-the-Market Presumption in Halliburton but Allows Rebuttal

Given the opportunity to overrule its landmark 1988 decision in Basic v. Levinson, in which it created the fraud-on-the-market presumption, the Supreme Court declined. The Court found in its decision this week in Halliburton...more

Not in My House: Mark Cuban Defeats the SEC's Insider Trading Charges

The high profile long-running saga between Mark Cuban -- entrepreneur, television personality, and billionaire owner of the Dallas Mavericks -- and the SEC has finally ended with Mr. Cuban emerging victorious. On October 16,...more

A Big Week for the Securities Bar: Amgen and Gabelli

The Supreme Court last week issued two opinions of major importance to the securities bar. In Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, 568 U.S. (2013), the court held that no proof of materiality was required...more

3/11/2013
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