As ESG statements fall under increasing scrutiny, sponsors should aim for consistent and accurate messaging, as well as robust ESG strategies.
Regulatory drivers and stakeholder demands have put environmental, social,...more
The European Union’s Corporate Sustainability Reporting Directive (CSRD), which entered into force in January 2023, marks a new era for ESG reporting across Europe (and globally). CSRD is the latest in a wave of new rules...more
7/26/2023
/ Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
EU Directive ,
Member State ,
Portfolio Companies ,
Private Equity ,
Reporting Requirements ,
Sustainability ,
Sustainable Business Practices
GP-led secondary deals — where a sponsor initiates the sale of portfolio companies from a fund it manages to a new fund it also manages — were a prominent feature of the private equity landscape in 2022, encouraged by...more
Consumer-facing companies face an increasingly complex UK regulatory landscape as multiple regulators place the spotlight on consumer rights and protections. A raft of new legislation is set to impact businesses and PE...more
4/5/2023
/ Buy Now Pay Later (BNPL) ,
Compliance ,
Consumer Contracts ,
Consumer Credit Protection ,
Consumer Financial Products ,
Financial Conduct Authority (FCA) ,
New Legislation ,
Portfolio Companies ,
Private Equity ,
Retail Investors ,
Sponsors ,
UK
Greater focus on strong corporate governance and transparency is placing company directors in the UK and elsewhere under growing scrutiny and increased risk of individual civil and criminal liability. As new case law and...more
4/5/2023
/ Board of Directors ,
Compliance ,
Corporate Governance ,
Criminal Liability ,
Enforcement Priorities ,
Investors ,
Personal Liability ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Risk Management ,
Transparency
PE firms face growing regulatory and litigation risks from greenwashing claims as they navigate a fragmented anti-greenwashing landscape.
Amid concerns of exaggerated or misleading sustainability claims, the UK Financial...more
1/30/2023
/ Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Financial Conduct Authority (FCA) ,
Greenwashing ,
Investors ,
OECD ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Reputation Management ,
Risk Alert ,
Sponsors ,
Sustainability ,
Sustainable Business Practices ,
UK
Navigating evolving digital economy regulation requires a sophisticated and proactive approach from dealmakers.
Amid the ongoing global proliferation of regulation governing the digital economy, EU and UK legislators are...more
PE firms seeking to attract a broader range of bidders to portfolio company sales should assess the changing needs of infra-investors.
As the boundaries of what constitutes “infrastructure” assets have blurred in recent...more
Sponsors and dealmakers can satisfy investor demand for greater diversity and leverage opportunities for fund innovation.
Diversity has become a key focus for every industry in recent years, and private equity, like many...more
Pension consolidators are emerging as an effective solution to manage defined benefit pension plan risk.
As inflation soars and market uncertainty creates additional volatility for UK defined benefit pension (DB) plans,...more
Worker classification, employee rights, and equal pay are among the issues that require careful consideration in light of recent and forthcoming changes.
The COVID-19 pandemic, and the growing emphasis on ESG metrics...more
6/25/2021
/ Corporate Governance ,
Corporate Social Responsibility ,
Employee Rights ,
Environmental Social & Governance (ESG) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Portfolio Companies ,
Private Equity ,
Uber ,
UK
Dual class share structures could help lure Europe’s best founder-driven businesses to the London market, but challenges remain. Listing of dual class share structures, which give certain owners (usually founders, employees,...more
In a changing social landscape, PE firms should conduct corporate culture due diligence while also ensuring the implementation of robust complaints procedures. As global businesses react to the pandemic and social movements,...more
Innovative asset-based lending is on the rise as a means of attracting new lenders while maintaining the strategic support of existing creditors. Raising fresh capital for portfolio companies in times of financial stress is...more
Buyout firms and portfolio companies should take note of heightened scrutiny of HR and employment practices by antitrust enforcers, both in the US and in Europe. No-poach and wage-fixing agreements — arrangements between...more
12/9/2019
/ Antitrust Division ,
Antitrust Violations ,
Competition Authorities ,
Contract Terms ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Enforcement Authority ,
EU ,
France ,
Gun-Jumping ,
Ireland ,
Italy ,
Merger Controls ,
No-Poaching ,
Portfolio Companies ,
Private Equity Firms ,
Risk Assessment ,
Risk Management ,
Technology Sector ,
UK ,
Wage-Fixing
How can private equity firms identify and mitigate inherited liability risk from vulnerable portfolio companies?
Ongoing big ticket regulatory fines coupled with high profile corporate veil cases indicate that private...more
9/30/2019
/ Acquisitions ,
British Airways ,
Data Breach ,
Due Diligence ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Mergers ,
Piercing the Corporate Veil ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Risk Assessment ,
Risk Mitigation ,
Successor Liability ,
UK
With the explosion of AI applications, private equity houses and their portfolio companies must understand where key opportunities lie.
Artificial intelligence (AI) developments provide increasing opportunities for...more