News & Analysis as of

Liability Private Equity

Woodruff Sawyer

SPAC Sponsor Liability and Insurance Solutions

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The SPAC market is finally making a comeback. As we enter a period of the long-awaited SPAC revival, some liability dangers persist. Two common questions that keep being raised by our clients are: How much liability...more

Proskauer - Health Care Law Brief

Spurred on by the Steward Health Care Bankruptcy, Massachusetts Adopts Bill Regulating Private Equity and REITs in Health Care,...

On January 8, 2025, Massachusetts Governor Maura Healey signed into law House Bill 5159 (the “Bill”). The Bill grants the state new regulatory powers to oversee and review health care transactions involving private equity...more

Proskauer Rose LLP

The Evolving New Normal 2024 Private Credit Restructuring Year in Review

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In many ways, 2024 continued existing trends in private credit: modest levels of M&A activity, competition among direct lenders to deploy capital, higher-for-longer interest rates, persistent inflation, elevated default...more

Troutman Pepper Locke

New Year, New Liability for Private Equity

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Private equity firms and health care companies operating in Massachusetts will now face enhanced liability risks following the recent passage and enactment of legislation regulating private equity investment in Massachusetts...more

Whiteford

Private Company M&A – Rep & Warranty Insurance: A “Zero-Liability” Promised Land for Sellers?

Whiteford on

Representation & Warranty Insurance (“RWI”) is specialty insurance coverage purchased for M&A deals which provides third-party insurance coverage for certain breaches of the Seller’s representations and warranties in the...more

A&O Shearman

Chief Information Security Officers and cyber whistleblowing: considerations for PE firms

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Managing these risks at a single company should be straightforward.  Executives and CISOs may be personally held accountable for cyber failings, negligence, breaches, and inadequate disclosure around cyber vulnerabilities and...more

Vinson & Elkins LLP

Implications of a Texas Supreme Court Ruling Confirming Customary Investment Practices for Private Equity Sponsors

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On June 23, 2023, the Texas Supreme Court issued a decision embracing the rule that an investor can engage in customary investment practices without becoming liable for torts committed by a portfolio company....more

White & Case LLP

M&A transaction terms: Comparing Africa to Europe

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Significant differences exist between terms that typically apply in M&A transactions in Africa and Europe - "Acquirers tend to view European markets as being more seller-friendly than African markets." Although the...more

BakerHostetler

Seller's Directors Beware: You May Be Liable When the Buyer's Leveraged Buyout Goes Bad

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For the past two decades, courts have afforded directors and officers considerable protection for a good-faith decision to proceed with a highly leveraged sale that ultimately led to bankruptcy or liquidation. Courts are...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 18th, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 16th, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 11th, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 9th, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 4th, 9:30 am - 10:15 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 2nd, 9:30 am ET

Proskauer Rose LLP on

From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - February 25th, 9:30 am ET

Proskauer Rose LLP on

From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - February 23rd, 9:30 am - 10:15 am ET

Proskauer Rose LLP on

From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Ballard Spahr LLP

Is Private Equity “Ready for Warren?

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Massachusetts Senator and presidential hopeful Elizabeth Warren released perhaps the most ambitious plan the country has ever seen with respect to regulation of the private equity and investment fund industry. She released...more

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