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Corporate Counsel Private Equity Firms

Kramer Levin Naftalis & Frankel LLP

Corporate Governance: 2022 Year-End Review

Since Kramer Levin issued its Corporate Governance: 2022 Midyear Review, a wave of enforcement actions by the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) has underscored the continued importance...more

Troutman Pepper

A Cautionary Tale About PE Principal Liability for Portfolio Company Operations

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In In re P3 Health Group Holdings, LLC, the Delaware Court of Chancery held that a principal of a private equity fund was subject to jurisdiction in Delaware for alleged actions he took on behalf of one of the private equity...more

White & Case LLP

DOJ Announces Seven Director Resignations from Five US Public Company Boards in the Most Recent Wave of Reinvigorated Clayton Act...

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On October 19, 2022, the Antitrust Division of the Department of Justice announced that seven directors resigned from five different US public company boards of directors following DOJ concerns that their roles violated...more

McDermott Will & Emery

[Event] Private Equity General Counsel Summit 2022 - November 10th, New York, NY

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Please join us for an evening of dinner, idea-sharing and networking with other private equity GC’s at the incomparable Michelin-starred restaurant, Aquavit, featuring fabulous seasonal Nordic cuisine and delicious wine...more

White & Case LLP

Notable decisions from Delaware courts

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Williams: Court of Chancery Finds Poison Pill Unenforceable - In February, the Delaware Court of Chancery held that a shareholder rights plan (a "poison pill") adopted by The Williams Companies, Inc. at the onset of the...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Private Equity in the Crosshairs as Qui Tam Case Heads Toward Trial

The District of Massachusetts issued the very first summary judgment decision in a False Claims Act (FCA) lawsuit involving a private equity (PE) firm. The decision provides valuable insight into how the FCA may apply to PE...more

Wilson Sonsini Goodrich & Rosati

Delaware Court of Chancery Issues Additional Guidance on Busted Deals

On April 30, 2021, then-Vice Chancellor (now Chancellor) Kathaleen S. McCormick of the Delaware Court of Chancery issued a post-trial decision addressing an array of important topics in the "busted deal" context following a...more

Akin Gump Strauss Hauer & Feld LLP

DOJ’s Civil Division Outlines Enforcement Priorities and Focus on COVID-19 Related Fraud

- The Department of Justice (DOJ) will focus its civil enforcement activity on fraud and other illegal actions relating to COVID-19, including with respect to CARES Act stimulus programs and consumer products marketed for use...more

White and Williams LLP

Decade-High BigLaw Billing Rate Growth in 2019: Are D&O Insurers Paying More in Claims Defense for the Same or Worse Results?

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Welcome to 2020, where BigLaw’s partner rates are expected to regularly cross the $2,000 an hour threshold for the first time! Associate rates have also skyrocketed — and now routinely exceed $1,000 an hour. As D&O insurers,...more

Skadden, Arps, Slate, Meagher & Flom LLP

The State of Congressional Investigations Heading Into 2020

When members of the U.S. House of Representatives and Senate were sworn into office in January 2019, Democrats took control of the House and its oversight agenda for the first time in eight years, 235-200 seats, and...more

Faegre Drinker Biddle & Reath LLP

First Circuit Hands Down Significant Private Equity Ruling in Sun Capital Litigation

In an important decision, the U.S. First Circuit Court of Appeals recently ruled that two separate but related private equity funds – Sun Capital Partners III and Sun Capital Partners IV – are not jointly and severally liable...more

Akerman LLP

Impact Of PFAS On Private Equity: Preparing For The Coming Wave Of Regulation And Litigation

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Regulation of Per and Poly-Fluoroalkyl Substances (PFAS) is increasing at the state and federal level as costly PFAS-related litigation is on the rise throughout the United States. Found in everyday products such as food...more

Pillsbury Winthrop Shaw Pittman LLP

PetSmart Tells PE Firms to GetSmart on Privilege

How PE firms can minimize attorney-client privilege risks after Argos Holdings Inc. and PetSmart Inc. v. Wilmington Trust N.A. PE firms face a variety of litigation and deal-related attorney-client privilege challenges...more

Locke Lord LLP

Delaware Decision Limits Coverage of D&O Insurance Policies

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In a case with implications for director and officer protections, and of particular relevance to principals of private equity firms, the Delaware Superior Court recently denied two former directors coverage under a D&O...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Nuts and Bolts on a Management Buyout (Part 2 of 7)

In this episode of The Proskauer Benefits Brief, partners Michael Album and Josh Miller return to discuss the nuts and bolts on a management buyout. As part of their discussion they highlight the different types of...more

Jones Day

Institutional Investor Shareholdings Come Under European Commission Scrutiny

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The Situation: A recent study examining common corporate shareholdings in the United States argues that the holding of even minority stakes in rival companies by institutional investors affects competition. The European...more

A&O Shearman

Delaware Supreme Court Reverses And Remands Appraisal Award But Rejects Bright-Line Presumption In Favor Of Deal Price

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On August 1, 2017, the Delaware Supreme Court, in an opinion by Chief Justice Leo E. Strine, Jr., reversed and remanded an appraisal ruling that had determined the buyout of DFC Global Corporation (“DFC”) by private equity...more

A&O Shearman

Delaware Chancery Court Grants Appraisal Petition After Finding Dell MBO Transaction Provided Stockholders Less Than Fair Value

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Vice Chancellor Laster of the Delaware Chancery Court recently issued an important opinion in In Re: Appraisal of Dell Inc.C.A. No. 9322-VCL (May 31, 2016), holding that merger consideration offered to Dell, Inc’s common...more

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