Focus on Private Equity -- Issue 2, October 2012

McDermott Will & Emery
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In This Issue:

Excerpt from Year-End Tax Planning Steps for Private Equity

The last time the Bush tax cuts were set to expire at the end of 2010, we saw numerous clients scrambling to execute end-of-the-year transactions designed to “lock in” the expiring tax rates. Although the tax rate increases did not come to pass, the cuts are set again to expire on December 31, 2012. This article revisits techniques allowing private equity funds to lock in their capital gains before January 1, 2013...

Excerpt from The Applicability of Dodd-Frank Derivatives Provisions to Portfolio Companies

This article (current as of September 21, 2012) highlights key Dodd-Frank Act provisions that are applicable to portfolio companies that are derivatives users. Most portfolio companies will be regulated as “end users” under Dodd-Frank; this summary does not relate to portfolio companies that are swap dealers or major swap participants, or to investments in public companies (all of which are subject to further regulation)...

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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