News & Analysis as of

Private Equity Regulatory Agenda

White & Case LLP

France sets its sights on becoming Europe’s PE leader

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Governmental pressure and an improving macroeconomic outlook could see French buyout activity gaining on the UK French private equity activity posted an impressive deal value in the first half of 2024 despite political and...more

McDermott Will & Emery

California State Legislature Passes Assembly Bill 3129

The California State Senate and State Assembly passed Assembly Bill (AB) 3129 on August 31, 2024, immediately prior to the end of the state’s legislative session. The bill now heads to the desk of Governor Gavin Newsom as a...more

Eversheds Sutherland (US) LLP

NAIC investment-related initiatives: August 2024 status report

The National Association of Insurance Commissioners (NAIC) held its 2024 Summer National Meeting August 11-15 in Chicago, Illinois, where regulators continued to work through the implementation of numerous investment-related...more

Polsinelli

California Legislators Pass AB 3129 to Require Notice and Consent for Private Equity and Hedge Fund Investments in Health Care

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The California legislature passed AB 3129 late Saturday night, the last day of the legislative session. The final bill included some amendments in the final days of the legislative session that carved out certain types of...more

Conyers

Regulatory & Risk Advisory Review: Cayman Islands - April to June 2024

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Welcome to the second instalment of 2024 of the Regulatory & Risk Advisory Review. In this edition we cover several Cayman Islands regulatory updates including updates to the Beneficial Ownership Transparency Act, the...more

Polsinelli

California Considers Revisions to Legislation on Health Care Investments and Regulations on OHCA Review

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This month, California lawmakers progressed in making changes to AB 3129, the bill proposing to give the California Attorney General (“AG”) approval authority over certain private equity and hedge fund investments in the...more

Epstein Becker & Green

Thoughts: AB 3129 Expands Its Reach

Recently, the California Legislature made a series of major revisions to Assembly Bill 3129 (“AB 3129” or “the Bill”), a highly anticipated piece of legislation expected to have a substantial impact on transactions in...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Bermuda Monetary Authority’s Approach to Private Equity-Owned (Re)insurers

In recent years, demographic changes and macroeconomic factors have led to significant growth in insurance markets. Within insurance markets, a much more active market in trading “back-books” of insurance liabilities has...more

Proskauer Rose LLP

Regulation Round Up - April 2024

Proskauer Rose LLP on

Financial Markets Infrastructure: The Bank of England published a speech by Sasha Mills, Executive Director, Financial Market Infrastructure, on operational resilience and its expectations of financial market infrastructures...more

Quarles & Brady LLP

Private Equity Groups and Hedge Funds – Be Aware of Proposed California Legislation Potentially Imposing Further Approval...

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On February 16, 2024, another Bill was introduced in California that could have significant implications on certain health care transactions. As proposed by Assembly Speaker pro Tempore Jim Wood, Assembly Bill 3129 (“AB-3129”...more

Troutman Pepper

California's AB 3129: Implications for Private Equity Investments in Physician Practices

Troutman Pepper on

A recently introduced California Assembly Bill (AB 3129), targeting private equity (PE) physician practice investments, is currently making its way through the legislative process. Introduced by California Attorney General...more

Skadden, Arps, Slate, Meagher & Flom LLP

Newly Proposed Regulations on Stock Buyback Excise Tax Largely Adopt Approach From Initial IRS Guidance

On April 12, 2024, the Treasury Department (Treasury) and Internal Revenue Service (IRS) issued proposed regulations (89 FR 25980 and 89 FR 25829) on the excise tax on stock buybacks enacted as part of the Inflation Reduction...more

A&O Shearman

National Security Division Announces New Self-Disclosure Policy in M&A Transactions

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The National Security Division (NSD) of the Department of Justice announced a new self-disclosure policy on March 7, 2024 (M&A Policy) that impacts corporations, private equity firms, and venture capital firms and their...more

A&O Shearman

Antitrust in focus March 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Thomas Masterman, partner based in London, is our editor this month. He has selected: Out now: our latest global...more

Polsinelli

California’s AB 3129 Continues National Trend of Scrutinizing Private Equity Investments in the Health Care Industry

Polsinelli on

The California legislature is considering a bill that could severely impact the ability for private equity companies and hedge funds to operate in the California health care industry. AB 3129, introduced by Assembly Member...more

A&O Shearman

Hydrogen update Germany - new regulatory and market developments

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Exciting times for hydrogen market participants in Germany – in the last months, a variety of new regulatory instruments and policy initiatives have been announced which will boost the ramp-up of the hydrogen economy in...more

Proskauer - The Capital Commitment

Examining the SEC’s Slew of Recent Rules and Amendments

In a wave of SEC rulemaking this past year, representing a “new world order” event akin to Dodd-Frank, the SEC has provided itself with a fresh set of tools to increase regulatory and enforcement scrutiny on private funds....more

Proskauer - The Capital Commitment

Top Ten Regulatory and Litigation Risks for Private Funds in 2024

To understand the litigation and regulatory risks that are coming in 2024 for private capital, it is helpful to look back briefly on recent events. Arguably, the single most important event over the last 18 months was the...more

Epstein Becker & Green

Proposed CA Assembly Bill 3129: Notice & Consent for Private Equity, Hedge Funds Acquiring/Changing Control of Health Care...

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As our December 2023 Insight noted, California’s SB 184 (enacted in June 2022) and accompanying regulations contain pre-transaction notice requirements by “specified health care entities” for certain “material change...more

Troutman Pepper

Acting Comptroller Michael J. Hsu’s Advice on Preventing the “Next Great Blurring”

Troutman Pepper on

In a recent speech at Vanderbilt University, Acting Comptroller of the Currency Michael Hsu discussed his views on the potential risk of financial instability due to the merging boundaries between banking and commerce. In his...more

Mayer Brown

Private Equity in Healthcare: Increased Scrutiny from FTC, DOJ, and HHS

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Private equity acquisitions in healthcare will likely face increased scrutiny from multiple federal departments, as well as from state antitrust enforcement officials....more

Akin Gump Strauss Hauer & Feld LLP

The Road Ahead for Private Equity: Debt Finance

Throughout 2023, we have continued to see activity in the debt finance markets, but the higher cost of capital, ongoing geopolitical uncertainties and mismatch in buyer/seller pricing expectations meant that deals have been...more

Foley Hoag LLP - White Collar Law &...

Congressional Investigations: A Review of Investigations Likely to Continue in 2024 and into the 119th Congress

This is the sixth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more

Quarles & Brady LLP

Indiana Lawmakers Continue to Take Aim at Health Care Organization Mergers

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On February 27, 2024, the Indiana House of Representatives (“House”) voted to pass legislation that would call for increased scrutiny regarding mergers between health care organizations. More specifically, the implementation...more

Proskauer Rose LLP

European Regulatory Timeline 2024: Key regulatory developments impacting UK and European financial services firms

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Following the turn of the new year, our UK Regulatory specialists have examined the key regulatory developments in 2024 impacting a range of UK and European firms within the financial services sector. The key dates have been...more

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