News & Analysis as of


Volkswagen Bondholders Reliance Allegations Come Under Scrutiny

This case stems from alleged misstatement made by Volkswagen Group of America Finance (“VWGoAF”) in an Offering Memorandum governing the issuance of three sets of bonds. The bonds were offered in private placements with...more

The Resurgence of the Ambulatory Surgery Center: Seven Considerations for Ownership

by Foley & Lardner LLP on

After a prolonged period of stagnant growth primarily due to a glut of capacity coupled with flat or declining revenue growth, we’re beginning to see a resurgence of Ambulatory Surgery Centers (ASCs). In fact, experts are...more

LIBOR Phase Out: Important Considerations for Negotiating Loan Documents

On July 27, 2017, the United Kingdom Financial Conduct Authority announced, without specifying a replacement, that it would phase-out the London Interbank Offer Rate (LIBOR) by the end of 2021. LIBOR, a rate measured by...more

Class Action Roundup: Spring 2018

by Alston & Bird on

Welcome! The spring has sprung and we are here to round up the major class action opinions and settlements finalized during the first quarter of 2018. It was another active quarter with significant activity across all the...more

Doing a Deal with the 800 lb Gorilla: Key issues for small food and beverage brands taking strategic investment

Strategic investors offer a dizzying array of benefits to food and beverage entrepreneurs. They also present unique risks not often found from typical angel or venture investors.  Entrepreneurs considering taking investment...more

Pre-Ramadan Flurry

by K&L Gates LLP on

As we near the holy month of Ramadan and the summer months, the Qatari market (as is the trend each year) enters into a quiet period until the later part of the year. Yet, ahead of the quiet period, a number of major...more

Proskauer’s 2018 Global High-Yield Bond Study

by Proskauer Rose LLP on

Overview and Methodology - Welcome to this seventh edition of Proskauer’s Global High-Yield Bond Study, our analysis of market trends for high-yield bond offerings. Using analyses from our proprietary database of...more

Women in Private Equity to Know: Maureen Spivack

by McGuireWoods LLP on

Maureen Spivack enjoyed a 30-year healthcare investment banking career before joining New State Capital Partners, a middle-market PE fund, as its senior healthcare industry partner. During her investment banking career,...more

Changes to Foreign Ownership and Visa Rules Announced

by K&L Gates LLP on

At a meeting of the Cabinet of the Council of Ministers of the United Arab Emirates (“UAE”), the UAE Government decided to allow foreign investors to own 100% of their businesses in the UAE and approved sweeping changes to...more

SEC Enforcement Trends: Highlights from Securities Enforcement Forum West 2018

by Fenwick & West LLP on

The Securities Enforcement Forum West 2018 brought together current and former senior U.S. Securities and Exchange Commission and U.S. Department of Justice officials, securities enforcement and white-collar attorneys,...more

Governor Baker Submits List of 138 Opportunity Zones to U.S. Treasury

by Bowditch & Dewey on

On April 19, 2018, the Commonwealth’s Executive Office of Housing and Economic Development announced that Governor Baker submitted a list of Opportunity Zone designations to the U.S. Treasury. The full list of Massachusetts...more

Developments in International Investment Law Herald Enhanced CSR Obligations for Investors

The protection of a company’s investments abroad could soon be linked to that company’s compliance with its CSR obligations. This is what the new Dutch draft model bilateral investment treaty (BIT) heralds. If other countries...more

Venture Investors Raising Healthcare Fund Targeting $100 Million

by McGuireWoods LLP on

Venture Investors is raising a new healthcare venture fund, according to a PE Hub report citing an SEC regulatory filing. The firm is targeting $100 million for the fund....more

IIROC Making Fine Progress in Monetary Collection Efforts

The Investment Industry Regulatory Organization of Canada (IIROC) recently released its Annual Enforcement Report (Report), which highlights IIROC’s efforts to increase its rate of collection on monetary fines, including...more

EU Top Court Rules EU Investment Arbitration Tribunals Are Incompatible with EU Law: Implications for Investors

In Slovak Republic v. Achmea B.V. (Achmea), the European Court of Justice (ECJ) ruled that the existence of an independent arbitral tribunal established under a bilateral investment treaty (BIT) between EU Member States is...more

Offering Exemptions Available to Companies Issuing ICOs

by Holland & Knight LLP on

• Issuing an initial coin offering (ICO) is a new and innovative way for companies to infuse capital into their enterprise. However, several regulatory agencies have increased their scrutiny of ICOs, including the U.S....more

Recent Developments Toward A Fiduciary Standard For Brokers

by Womble Bond Dickinson on

Much has happened since we last reported on the Department of Labor’s Fiduciary Rule. The compliance deadline was extended 18 months to July 1, 2019. A federal appellate court vacated the Fiduciary Rule in its entirety. The...more

Truly RIA-Friendly Broker-Dealers on the Horizon?

FINRA recently proposed a rule (the “Proposed Rule”) addressing FINRA-registered broker-dealer’s (“Broker-Dealers”) responsibilities to supervise the outside business activities of their registered representatives...more

Linden Capital Raises $1.5 Billion for New Fund

by McGuireWoods LLP on

Linden Capital Partners has announced the closing of its fourth private equity fund with $1.5 billion. Linden Capital Partners IV was oversubscribed, exceeding a $1.25 billion target....more

DOL Provides Additional Guidance on Economically Targeted Investments

by McNair Law Firm, P.A. on

On April 23, 2018, the U.S. Department of Labor (the “DOL”) released Field Assistance Bulletin No. 2018-01 (“FAB 2018-01”) which provides guidance regarding (1) the exercise of shareholder rights and written statements of...more

7 Most Frequently Asked Questions About Opportunity Zones

by McNair Law Firm, P.A. on

Qualified Opportunity Zones were included as part of the Tax Cuts and Jobs Act which became law in December 2017. The zones were originally introduced as the Investing in Opportunity Act sponsored by South Carolina Senator...more

Israeli Cyber Security Deals Double from Q4/2017 in $1.52 Billion First Quarter for High-Tech Companies

by Sullivan & Worcester on

Key facts: - $1.52 billion was raised in 181 deals—an increase in the number of deals and the total sum - A rounds captured a third of the total amount raised - Capital raising by companies in R&D stage leapt 60%,...more

OCIE Issues Risk Alert Regarding Adviser Fees and Expenses

On April 18, 2018, the Office of Compliance Inspections and Examinations (the “OCIE”) released a Risk Alert on the most frequent compliance issues relating to advisory fees and expenses. As a general matter, the OCIE...more

Creeping expropriation of investment by foreign state

by Allen & Overy LLP on

In the first known English court ruling to set aside an investment treaty arbitration award, the court ruled that an investor seeking redress for allegedly wrongful acts by a foreign State, which it claims constitute a...more

Blog: Q1 2018 Quarterly VC Update: Matthew Howard on the State of Venture Capital Investing

by Cooley LLP on

In conjunction with our Q1 Venture Financing Report, I sat down with Matthew Howard from Norwest Venture Partners to get his take on the state of venture capital investing. A few highlights from Matthew Howard - On his...more

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