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Due Diligence Portfolio Companies

Venable LLP

Event in Review: Private Equity Investment in Healthcare

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Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely...more

Womble Bond Dickinson

The Major Shift into Minority Investments

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The venture capital markets are experiencing a prolonged expansion in both the number and type of investors willing to make minority (non-controlling) investments. This heightened competition for investment opportunities and...more

Goodwin

DOJ Renews Focus on Private Equity Amid Record False Claims Act Enforcement

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2023 was another record year for False Claims Act enforcement. On February 22, 2024, the U.S. Department of Justice (DOJ) announced that the federal government and whistleblowers were party to a record number of FCA...more

Venable LLP

Tuna Price-Fixing Summary Judgment Decision Is a Warning to Private Equity

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A private equity firm and its investment advisor are facing trial over claims they participated in a price-fixing conspiracy for canned tuna carried out at their portfolio company, Bumble Bee tuna. The judge overseeing the...more

Vinson & Elkins LLP

The Evolving Role of ESG in M&A: Balancing Risks and Opportunities

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Environmental, social, and governance (ESG) considerations are playing an increasingly important role in M&A transactions. In any given deal, however, it can be challenging to assess ESG factors, to perform ESG due diligence,...more

Ankura

How Cybersecurity Protects Valuation: Considerations for Private Equity in the Deal Lifecycle

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Cybersecurity risk applies to businesses of all sizes and across all industries – it is a risk that cannot be ignored. In particular, cybersecurity risk can no longer be ignored in the deal lifecycle...more

Foley & Lardner LLP

An Introduction to the EU Sustainable Financial Disclosure Regime and the Draft EU Corporate Sustainability Due Diligence...

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SFDR and Asset Allocators. The European Green Deal declared climate change and environmental degradation as existential threats to Europe and the world. The European Union (EU) has set out to mobilize private financial...more

Troutman Pepper

Limiting PE Firms’ Exposure to FCA Liability for Alleged Misconduct by Portfolio Companies

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There are many concerns that can keep private equity (PE) firms’ management teams up at night. Economic headwinds, geopolitical instability, and supply chain problems can change the fortunes of a PE firm and its portfolio...more

McDermott Will & Emery

[Event] HPE Miami 2022 - March 9th - 10th, Miami Beach, FL

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Join us in person on Miami Beach for exclusive networking and to hear from leading investors helping shape the future of healthcare private equity. The annual HPE Miami event features a world-class faculty, offers creative...more

Latham & Watkins LLP

Pandemic Underlines Whistleblowing Risks for PE

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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

Morrison & Foerster LLP

ESG Goes Mainstream: How “Return First” PE Funds Can Factor ESG Considerations Into Their Investment And Portfolio Management...

Considering environmental, social, and governance (ESG) factors when making an investment is no longer solely the province of “impact-first” investors—those who prioritize social or environmental impact above return on...more

Nutter McClennen & Fish LLP

IP Strategies That Increase the Value of Emerging/Portfolio Companies

Steven Saunders outlines the role of IP in corporate transactions, what investors and acquirers do, how to conduct IP due diligence, how to make your IP stand out, how to drive your IP assets to support your story, how an IP...more

Pillsbury Winthrop Shaw Pittman LLP

Developments Highlight Secondary Liability Risks for Private Funds

DOJ settlement signals need for enhanced False Claims Act scrutiny. Private funds continue to face heightened secondary liability risks arising from their portfolio investments....more

Latham & Watkins LLP

Big-Ticket Fines and Veil-Piercing Cases Raise Portfolio Company Liability Risks for PE Parents

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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

Hogan Lovells

Private equity funds and liability for human rights impacts: the practical implications of the UK Supreme Court's decision in...

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Could private equity funds be liable for human rights breaches by a portfolio company? A recent decision by the UK Supreme Court increases the likelihood of this outcome. This blog looks at the judgment in Vedanta Resources...more

Akin Gump Strauss Hauer & Feld LLP

United States Intervenes in Suit Against Private Equity Firm Based on Health Care Portfolio Company's Alleged False Claims Act...

• In an unusual move, the government has decided to pursue a False Claims Act (FCA) suit against a private equity firm based on an alleged commission scheme at its pharmacy portfolio company to promote sales of products...more

Foley & Lardner LLP

Private Equity and the New Trump Administration: Your Top Ten Questions Answered

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The election of President Trump contained more than a few positive signs for Private Equity (PE) firms. Promises of a lower corporate tax environment, a ten-percent tax holiday for funds parked overseas, large infrastructure...more

Proskauer Rose LLP

The UK Modern Slavery Act 2015 and Supply Chain Transparency: The Impact on Private Investment Funds

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The Modern Slavery Act 2015 is new legislation introduced in the UK with the intention of combatting slavery and human trafficking. Continuing the trend for legislation to have extra-territorial reach, as illustrated by the...more

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