News & Analysis as of

What Attys Need To Know About Asia's PE Slump

Private equity firms in Asia have struggled to raise capital and swing deals in 2016 at the same pace as in recent years amid a regional economic cooldown and geopolitical uncertainty ahead of the U.S. presidential election,...more

SEC Fines Fantasy Stock Market App Developer

The Securities Exchange Commission (“SEC”) recently fined New York-based Forcerank LLC (“Forcerank”) $50,000 in connection with charges that Forcerank’s fantasy stock market mobile app illegally offers complex derivative...more

Healthcare & Life Sciences Private Equity Deal Tracker: BelHealth Acquires AHS Staffing

BelHealth Investment Partners has announced it has acquired AHS Staffing. BelHealth, based in New York, is a healthcare private equity firm focused on lower middle-market companies....more

An Esports Slam Dunk: What the NBA’s Investment in Esports Means

On September 26, 2016, the Philadelphia 76ers announced that they had acquired two leading eSports teams, Team Dignitas and Team Apex. Not to be outdone, the next day Team Liquid announced they had sold a controlling share to...more

New UAE Mutual Funds Regulations Herald Critical Changes for Foreign Managers

The United Arab Emirates (the “UAE”) federal securities regulator, the Emirates Securities and Commodity Authority (the “SCA”), has issued extensive revisions to the UAE Mutual Funds Regulations 2012 (the “2012 Regulations”)...more

Seventh Circuit Holds that Insurers Cannot Challenge Policies for Lack of Insurable Interest

On October 12, 2016, the United States Court of Appeals for the Seventh Circuit, in an opinion authored by Judge Richard Posner, affirmed a district court decision finding that securities intermediary U.S. Bank, N.A. is...more

Dutch Collective Actions vs. Collective Settlements

As U.S. law has become less willing to entertain certain types of lawsuits on behalf of worldwide classes of plaintiffs, litigants have looked for other forums that might allow the prosecution – or at least the resolution –...more

Arsenal Capital Partners Closes New Fund at $1.3 Billion

Arsenal Capital Partners has announced it has completed fundraising for its new fund, Arsenal Capital Fund IV. Fundraising was closed at the fund’s $1.3 billion hard cap....more

Chasing Waterfalls

Previously I discussed the importance of a company’s cap table. In addition to the importance of the cap table while the company is a going concern, it is critically important during the exit because it is a key tool in...more

FINRA and SEC Announce Tick Size Pilot Program

On October 3, 2016, the Financial Industry Regulatory Authority (“FINRA”) and the Securities and Exchange Commission (“SEC”)’s Office of Investor Education and Advocacy issued an Investor Alert announcing a new National...more

Current legal trends in private M&A

At Reed Smith’s London Corporate Forum, which took place last week, Doug Rofé highlighted legal trends that we are currently seeing in the private M&A market. In this article, we summarise those top trends and discuss what is...more

Challenging Arbitrators for Alleged 'Conflict of Interest' in US-Based International Arbitrations

A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more

What Can Public Companies Learn from the ISS Policy Survey for the 2017 Proxy Season?

Institutional Shareholder Services Inc. (ISS) announced the results of its 2016-2017 policy survey on September 29, 2016, which included responses from 115 institutional investors, 270 corporate issuers and 17...more

Healthcare & Life Sciences Private Equity Deal Tracker: Warburg Pincus Invests in Intelligent Medical Objects

Intelligent Medical Objects has announced it has received a capital growth investment from funds affiliated with Warburg Pincus. Intelligent Medical Objects (IMO), based in Northbrook, Ill., develops medical terminology...more

EB-5 Program Extended by Continuing Resolution to December 9 Without Changes

The U.S. Immigrant Investor Program (EB-5) has been extended through December 9, 2016, following the recent signing of a continuing resolution to fund the federal government and avoid a shutdown. The EB-5 Program provides a...more

The Evolution of Advice: Digital Investment Advisers as Fiduciaries

The landscape for investment advice is shifting, and an innovative model has emerged that combines technology and investment expertise to deliver high-quality advice at a lower cost than traditional investment advisory...more

U.S.-India Newsletter - Vol. 2016, Issue 3

Summer 2016 was a season of change. In Europe, we saw the "Brexit," with the United Kingdom voting to withdraw from the European Union. The June referendum sent shockwaves through the business and finance communities and...more

Recent Changes to the India-Mauritius Tax Treaty: What Does This Mean for American Investors?

The amendments may cause some uncertainty and anxiety for U.S. investors as they consider how these changes will impact business, income, profitability and the benefits or drawbacks of investing in India through Mauritius....more

SFC Circular to Strengthen Liquidity Risk Management of Its Authorized Funds

The SFC published the “Circular to management companies of SFC-authorized funds on liquidity risk management” dated July 4, 2016 (the “Circular”), designed to provide guidance to the management companies (each a “Fund...more

Medio Oriente es un gran participante en el mercado de bienes raíces del sur de la Florida

No es ningún secreto que Miami se ha convertido en uno de los mercados más atractivos del mundo para los inversores internacionales. Los latinoamericanos, en particular, han tenido una gran influencia en el sector...more

Key Elements To A Successful Reg A+ Offering and Why DSTLD Is A “Perfect Fit”

Now I don’t usually use this blog to discuss particular crowdfunding offerings. However, after seeing a recent MSNBC piece on DSTLD, and their current Regulation A+ equity offering, I simply had to highlight their truly model...more

Healthcare & Life Sciences Private Equity Deal Tracker: Perimeter Healthcare Acquires WoodRidge Behavioral Care

Ridgemont Equity Partners portfolio company Perimeter Healthcare has acquired WoodRidge Behavioral Care, according to a news release. The acquisition, which will serve as the foundation for a new behavioral healthcare...more

The Big Picture: EU's Financial Regulation Offensive

In the aftermath of the financial crisis, the national and international response by legislators and regulators has been to substantially overhaul and increase financial regulation applicable to banks and other financial...more

USCIS Proposes a New Rule for International Entrepreneurs, October Visa Bulletin, and More...

On August 26, 2016, the United States Citizenship and Immigration Services (USCIS) announced a proposed new rule for international entrepreneurs. Under the rule, entrepreneurs will be considered for parole (temporary...more

SEC’s Proposed Rules for Expedited Settlement May Impact Long-Standing Exception for Firm Commitment Offerings

The SEC has agreed to propose rules that would shorten the standard settlement cycle for most broker-dealer transactions from three business days after the trade date (also known as T+3 settlement) to two business days after...more

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