Private Equity

News & Analysis as of

The Silicon Valley Initiative – unicorns in SEC’s line of sight: action items

SEC Chair Mary Jo White and a delegation of officials from the SEC traveled to Silicon Valley early this spring to deliver a shot across the bow to technology and healthcare businesses, entrepreneurs, investors and their...more

Practice Pointers on the Up-C Structure

In a structure commonly referred to as an “up-C,” an existing limited liability company or other partnership form (referred to here for convenience as “LLC”) undertakes a public offering through a newly formed corporation,...more

Potential tax consequences of Brexit from a German perspective

On 23 June, the UK is holding a referendum to decide whether it should leave or remain in the European Union. A vote to leave the EU (the so-called Brexit) would not only have repercussions from a tax perspective for the UK....more

Leading Private Equity Firms That Invest in Healthcare (Part II)

Private equity interest in the healthcare and life sciences sectors has continued to grow at a rapid pace during recent years. Many investors are becoming increasingly more knowledgeable and comfortable with investments...more

First-of-its-Kind PACE Acquisition

PACE operators may become the next target of interest for healthcare private equity investors following a first-of-its-kind acquisition of a PACE operator by private equity sponsor Welsh Carson Anderson & Stowe (WCAS), which...more

SEC Enforcement Chief Gives Update on Private Equity

Andrew Ceresney, Director, SEC Division of Enforcement, gave his views on the SEC private equity enforcement initiative at a conference. Mr. Ceresney set forth the various categories of enforcement cases, which at this...more

SEC Increases Focus on Private Equity Enforcement

Yesterday, SEC Director of Enforcement Andrew Ceresney gave a keynote address on Private Equity Enforcement.  In his remarks, Ceresney reiterated the SEC’s view that private equity is and will be a key enforcement area, and...more

Your daily dose of financial news The Brief – 5.13.16

We learned yesterday of the effect that broken mergers are having on some hedge funds. Now comes news that, like many other institutional investors, large US insurance companies are yanking huge sums of money out of their...more

A Commonsense Explanation of the SEC’s Regulation of Private Investment Funds

The SEC’s regulation of the private investment funds industry has generated significant attention and commentary, as well as a fair amount of hand-wringing. From our perspective as lawyers, however, there is a relatively...more

Outlook for Nordic PE: An insider perspective on 2016: Despite rising valuations, PE professionals are optimistic about the year...

In 2016, private equity (PE) in the Nordic region is likely to meet or exceed 2015 performance, according to investment professionals we interviewed early this year. But insiders also say that firms are adjusting their...more

Healthcare & Life Sciences Private Equity Deal Tracker: Warburg Pincus Acquires DocuTAP

DocuTAP has announced that it has been acquired by Warburg Pincus. DocuTAP, based in Sioux Falls, S.D., is a provider of urgent care technology, including software for electronic medical records, practice management and...more

Employee Benefits Developments - April 2016

Stock Drop Case Update: Settlement Reached in Dudenhoeffer Case; Dismissal of Lehman Brothers Lawsuit Upheld. Two recent developments in stock drop litigation are worth noting: Dudenhoeffer Settlement. In Fifth Third...more

Council Capital Closes Third Healthcare Private Equity Fund

Council Capital has announced it has closed its third PE fund, Council Capital III, LP. Council Capital, based in Nashville, is a healthcare PE firm with approximately $300 million of capital under management....more

"The Resurgence of SPACs in a Quiet IPO Market"

More than 20 years old, special purpose acquisition companies (SPACs) — publicly listed companies established with the goal of acquiring unspecified targets — have recently experienced a surge in popularity. Ten SPACs for...more

Sun Capital Decision Implicates Private Company Investing

On March 28, 2016, the U.S. District Court for the District of Massachusetts (the District Court) delivered a controversial opinion in Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund...more

Private Equity Goes Green

In December 2015, world leaders met to negotiate the Paris Agreement. Setting aside whether the Paris Agreement goes too far, not far enough or is just right, one cannot dispute that government commitments to limit an...more

Tough Exams for Investments in the Education Sector

The growth of private spending on education presents an opportunity for private equity. While public spending on education in the OECD as a proportion of gross domestic product decreased slightly between 2003 and 2012, the...more

The Liquidity Crunch Spurs Creative PE Deal Financing in the US

Since the 2008 financial crisis, the US Federal Reserve and other central banks in Europe have pumped trillions of dollars into the financial markets. Notwithstanding the amounts injected, a liquidity crunch in 2016 is...more

3D Printing: Where’s the Money Coming From?

Based on research we deployed, here is a general report. Like any industry, 3D printing took a while to find solid footing, but in recent years it has gained notable attention. Since 2011, 3D printing companies raised...more

Renaissance reviews the US IPO market in 1Q2016

Renaissance Capital released its 1Q16 US IPO Market Review. The healthcare sector accounted for all eight IPOs completed, which raised approximately $700 million. This has been the slowest quarter for IPOs in the US since...more

Oil price turbulence benefits the opportunistic

The prolonged turbulence in oil prices has brought cost reduction programmes, the shelving of projects, and insolvencies in the oil field services (OFS) and exploration and production (E&P) sectors — and has presented a once...more

Federal Reserve Goes After Anti-Takeover and Shareholder Protection Tools

The U.S. Federal Reserve Board (FRB) has become sensitized to safety and soundness concerns relating to shareholder protection arrangements. These arrangements are generally designed to protect existing shareholders of bank...more

Financial Services Weekly News - April 2016

Regulatory Developments - DOL Issues Final Fiduciary Rule - On April 6, the Department of Labor (DOL) unveiled its pre-publication final version of the long-awaited fiduciary rule (the Final Rule). Some of the more...more

Healthcare & Life Sciences Private Equity Deal Tracker: Advent to Acquire Majority Stake in ATI Physical Therapy From KRG

Advent International has announced it will acquire a majority ownership interest in ATI Physical Therapy (ATI) from KRG Capital Partners. ATI, headquartered in Bolingbrook, Ill., is a privately held healthcare company...more

Private Equity Funds Liable for Withdrawal Liability of Portfolio Company

What you need to know: On March 28, 2016, the US District Court for the District of Massachusetts held, on remand from the First Circuit, that two related private equity funds were jointly and severally liable for...more

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