Private Equity

The Private Equity Prom -- How to land the PE firm of your dreams

by Brian DeFoe, Reuben Ortega | Lane Powell PC - Business/Commercial Law on 5/20/2013

Are you looking for someone to invest in your new company or help expand your business? Landing private equity (PE) financing can be like preparing for your high school prom. To impress that special someone you have admired,...more

Applicability of Proposed Amendment to Section 251 of the DGCL to Hostile Offers

by Morrison & Foerster LLP on 5/17/2013

The Delaware State Bar Association has recently proposed an amendment to the Delaware General Corporation Law (the “DCGL”) that would significantly modify the way acquisitions of Delaware public companies are effected by...more

Capital Infusion - May 2013: Digging Deeper: A Guide to Health Care Regulatory Due Diligence in Private Equity Deals

by Adam Connatser, Jon Finger, Rani Hauth Guerra, J. Atwood Jeter, Amy Kaufman, David McLean | Patton Boggs LLP on 5/15/2013

Introduction - Investing in the health care industry can be riskier and more complicated than investing in many other industries. Health care providers and suppliers, as well as those companies that interact with them,...more

The Mergers & Acquisitions Review - Sixth Edition: Chapter 13: British Virgin Islands

by Leonard Birmingham, Simon Hudd | Harney Westwood & Riegels on 5/13/2013

I OVERVIEW OF M&A ACTIVITY - Given the international financial climate, it is perhaps unsurprising that the past 12 months have seen unpredictable deal flows involving British Virgin Islands (‘BVI’) companies, with...more

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

by Anthony Cacace, Neal Schelberg | Proskauer - ERISA Practice Center on 5/9/2013

In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, 2012 WL 5197117 (D. Mass. Oct. 18, 2012), a federal district court in Massachusetts concluded that a private equity fund was not a...more

Capital Infusion: Private Equity Update - May 2013

by Sean Clancy, Adam Connatser, Lindsay Faine, Jon Finger, Rani Hauth Guerra, J. Atwood Jeter, Robert Johnston III, Amy Kaufman, David McLean, Ryan Mitchell, George Schutzer, Akash Sethi | Patton Boggs LLP on 5/8/2013

In This Issue: - DIGGING DEEPER: A Guide to Health Care Regulatory Due Diligence in Private Equity Deals 1 - Policy Spotlight: Affordable Care Act 6 - Case Spotlight: Best Practices in Down-Round Financings &...more

Ninth Circuit Widens Circuit Split Over Application of State or Federal Bankruptcy Law To Determine Whether Claims of...

by Alyson Allen, Mark Bane, Stephen Moeller-Sally, James Wilton | Ropes & Gray LLP on 5/3/2013

In an important decision for private equity sponsors and other insiders who advance loans to their businesses, on April 30, 2013, the Ninth Circuit Court of Appeals in In re Fitness Holdings International confirmed that...more

What to Ask Potential Investors Beyond “Is Your Money Green”

by Edward Willig | Carr, McClellan, Ingersoll, Thompson & Horn -... on 5/1/2013

Overview - Investment into U.S. venture-backed companies dropped 20% to $6.6 billion in the fourth quarter of 2013 compared to a year earlier, according to Dow Jones VentureSource, and was down 15% to $29.7 billion for...more

Buying and Selling Businesses in Today's Economy, Stephen Opler [Video]

by Ballard Spahr LLP on 5/1/2013

Now is a great time to sell a business. Nearly 4,800 private equity firms are looking to invest $1 trillion in business acquisitions, and the loan market is returning to re-recession levels. ...more

Private Equity - Winter/Spring 2013

by Gus Black, Carl de Brito, Daniel Dunn, Thomas Friedmann, Richard Horowitz, Jeffrey M. Katz, Steven Lorch, Roger Mulvihill, Kenneth Wang, Paul Wang, Amy Yang, Scott M. Zimmerman | Dechert LLP on 4/29/2013

In This Issue: - ILPA Guidelines Have Noticeable Impact - Extracting Tax Value in Debt Refinancings and Modifications - Private Equity and Venture Capital Investing in China: Exit Strategy and Circular 698 -...more

What Every Private Equity Fund Manager Should Know About ERISA

by The R. Bernard Law Group on 4/26/2013

What is ERISA? The Employee Retirement Income Security Act of 1974 (“ERISA”) protects the interests of employee benefit plan participants by establishing strict standards of conduct for “plan fiduciaries” – i.e.,...more

Personal Planning Can Help Private Equity Pros Save on Taxes

by Bradley Van Buren | Holland & Knight LLP on 4/10/2013

When private equity or venture capital fund principals and managing partners look to roll out a new fund, in addition to reconciling general fund formation issues, they should consider the personal-planning opportunities...more

Optimism in Canada’s Private Equity & Venture Capital Markets

by Terry Didus | Heenan Blaikie LLP on 4/10/2013

The federal government recently announced that it would be injecting $400 million into the venture capital sector in Canada in 2013. To Canada’s private equity and venture capital community, this comes as welcome news and...more

Distribution in China – Legal Issues

by John Huang, Frank Schoneveld, Winston Zhao | McDermott Will & Emery on 4/4/2013

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...more

NFA Chairman Chris Hehmeyer Talks Bankruptcy Reform [Video]

by MarketsReformWiki on 4/2/2013

One of the issues that emerged from the MF Global collapse was the complex and often frustrating US bankruptcy process. In the case of MF Global, futures customers’ claims were lumped in with other creditors. As such, it took...more

SEC Charges Private Equity Firm, Former Executive, and Consultant for Improperly Soliciting Investments

by Orrick - Structured Finance Group on 3/28/2013

On March 11, the SEC announced charges against a private equity firm, a former senior executive of the firm and an individual based solely on the allegation that the individual acted as an unregistered broker-dealer in...more

Regulators Warn On Risks Of Leveraged Loans

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 3/22/2013

The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency have issued joint supervisory guidance on leveraged lending. It remains to be...more

SEC Ramps Up Its Private Equity Parade

by David Smyth | Brooks Pierce on 3/21/2013

Bruce Karpati, chief of the SEC’s Asset Management Unit, promised us several weeks ago that enforcement actions against private equity firms were about to heat up. He wasn’t kidding. Last Monday, the SEC filed two sets of...more

SEC Settles Cases Alleging Compliance Failures at Private Equity Firms

by Ropes & Gray LLP on 3/14/2013

On March 11, the SEC announced two matters of significant importance to the private equity industry and to private fund sponsors generally. Together, these cases demonstrate the SEC’s continued focus on the private equity...more

Non-Compete and Trade Secret Review for February 2013

by Michael Greco | Fisher & Phillips LLP on 3/5/2013

February 2013 was an active month in the world of non-competes and trade secrets, and if we read the tea leaves, it looks like things are only going to get busier. Before I recap some of February's highlights and direct you...more

SEC Enforcement Coming to a Private Equity Firm Near You

by David Smyth | Brooks Pierce on 3/5/2013

Bruce Karpati, chief of the SEC’s Asset Management Unit (“AMU” or the “Unit”), recently spoke at the Private Equity International Conference in New York, and opened a window into the Unit’s views toward the industry. In...more

Private Equity: Blindsided by the FCPA — Hedging Against Anti-Corruption Deal Risk

by G. Derek Andreson, Marc Axelbaum, James Kelly, Ryan Sparacino, Christopher Zochowski | Pillsbury Winthrop Shaw Pittman LLP on 3/1/2013

Until a few years ago, private equity firms enjoyed relative insulation from regulatory scrutiny of overseas acquisitions and the operations of multi-national portfolio companies. No longer is that the case. Spurred by the...more

Eureka! Bill Introduced To Homologate Finders

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 2/28/2013

Questions about the use of finders have bedeviled transactional lawyers for years. The need for finders is the unintended consequence of the federal and state securities law exemptions that are conditioned on the absence of a...more

Guidelines Monitoring Group Updates Walker Guidelines

by Ann-Marie Davies, Iain Wright | Morgan Lewis on 2/27/2013

Update does not amend guidelines but includes illustrations of best-practice reporting. On 20 February, the Guidelines Monitoring Group (GMG), an independent body providing oversight on disclosure issues, published an...more

The Owner’s Manual - Winter 2013

by Duane Morris LLP on 2/25/2013

In This Issue: Introduction; Partnering with Private Equity Firms; Beyond Bank Borrowing: Mezzanine Funds & Growth Captial; The Auction Block: Finding the Right Buyer for Your Company; First Steps: “Don’t Let Your Exit...more

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The Private Equity Prom -- How to land the PE firm of your dreams

Applicability of Proposed Amendment to Section 251 of the DGCL to Hostile Offers

Capital Infusion - May 2013: Digging Deeper: A Guide to Health Care Regulatory Due Diligence in Private Equity Deals

The Mergers & Acquisitions Review - Sixth Edition: Chapter 13: British Virgin Islands

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

Capital Infusion: Private Equity Update - May 2013

Ninth Circuit Widens Circuit Split Over Application of State or Federal Bankruptcy Law To Determine Whether Claims of...

What to Ask Potential Investors Beyond “Is Your Money Green”

Buying and Selling Businesses in Today's Economy, Stephen Opler [Video]

Private Equity - Winter/Spring 2013

What Every Private Equity Fund Manager Should Know About ERISA

Personal Planning Can Help Private Equity Pros Save on Taxes

Optimism in Canada’s Private Equity & Venture Capital Markets

Distribution in China – Legal Issues

NFA Chairman Chris Hehmeyer Talks Bankruptcy Reform [Video]

SEC Charges Private Equity Firm, Former Executive, and Consultant for Improperly Soliciting Investments

Regulators Warn On Risks Of Leveraged Loans

SEC Ramps Up Its Private Equity Parade

SEC Settles Cases Alleging Compliance Failures at Private Equity Firms

Non-Compete and Trade Secret Review for February 2013

SEC Enforcement Coming to a Private Equity Firm Near You

Private Equity: Blindsided by the FCPA — Hedging Against Anti-Corruption Deal Risk

Eureka! Bill Introduced To Homologate Finders

Guidelines Monitoring Group Updates Walker Guidelines

The Owner’s Manual - Winter 2013

Buying and Selling Businesses in Today's Economy, Stephen Opler [Video]

NFA Chairman Chris Hehmeyer Talks Bankruptcy Reform [Video]

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