News & Analysis as of

Private Equity Firms Due Diligence

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

Woodruff Sawyer

Managing Transactional Risk in 2024: A Strategy Guide

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As we move further into 2024, we have a clearer perspective on where 2023 ended in the private equity and mergers and acquisitions (M&A) market. We predict more of the same throughout 2024, but there are bright signs for...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

Woodruff Sawyer

[Virtual Event] Looking Ahead to 2024: Trends in M&A and Private Equity - October 24th, 10:00 am - 10:30 am PT

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Join us for a lively 30-minute discussion where our head of transactional insurance and the head of our private equity practice discuss top trends in M&A and PE. We'll cover: - The rollercoaster of RWI pricing - The RWI...more

Morgan Lewis

Private Equity Investment in Plastic Surgery Practices: 5 Key Healthcare Regulatory Due Diligence Considerations

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Intrigued by a fragmented market and the potential for scalability, private equity firms are turning to plastic surgery physician practices for new investment opportunities. This Insight discusses key healthcare regulatory...more

Woodruff Sawyer

Transactional Risk in M&A and Private Equity: Insurance Trends in 2022

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Part of every transaction’s due diligence process is the insurance and risk management workstream. Insurance and employee benefits due diligence is becoming more and more important to private equity firms looking to protect...more

Venable LLP

[Webinar] Kicking the Tires in Private Equity Healthcare Services Deals in ’22 - March 16th, 1:00 pm - 2:00 pm ET

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Please join us for a lively discussion with healthcare investors on how they are assessing risk in an extremely competitive and somewhat wild market. Ari Markenson, a partner in our healthcare and corporate practices, will be...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

White & Case LLP

Global private equity delivers groundbreaking 2021

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In line with overall M&A trends, global private equity had a blockbuster 2021 by any metric, but perhaps the best is this: In a record-setting year for global M&A, a record was also set for the percentage of M&A deals that...more

Foley & Lardner LLP

PE Firm Pays Record Settlement for Allegedly Deficient Health Services: Identifying Traps for the Unwary

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In a Press Release issued on October 14 2021 by the Office of Massachusetts Attorney General Maura Healy, a potentially groundbreaking settlement was announced. Below is an excerpt from the release, followed by our takeaways....more

Bass, Berry & Sims PLC

OCR Settlement Underscores the Importance of HIPAA Privacy and Security Review in Transactional Due Diligence

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On April 28, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) entered into a resolution agreement with Peachstate Health Management, LLC, doing business as AEON Clinical Laboratories...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

King & Spalding

Not So Special – Securities And Antitrust Regulators May Increase Attention To SPACs In The Coming Year

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In a remarkable year for the equity markets in 2020, the increased use of Special Purpose Acquisition Companies (“SPACs”) to take companies public stands out as a defining trend. In 2020, well-known private businesses – like...more

Epstein Becker & Green

Assessing the PE Partner’s Experience, Financial Track Record, and Culture: Critical Consideration #5 - Thought Leaders in Health...

A physician group should conduct extensive “reverse due diligence” before entering into a private equity (PE) partnership. Important things to consider include: - the PE firm’s financial ability to close the transaction...more

Bass, Berry & Sims PLC

10 Trends in Physician Practice Transactions to Track in 2020

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By all accounts, 2019 proved to be another year of significant investment by private equity firms in the physician practice space. Below we discuss 10 trends we observed as counsel on a number of these transactions during...more

Bass, Berry & Sims PLC

Believing in Conceiving: Private Equity’s Rebirth in the Fertility Sector

Bass, Berry & Sims PLC on

Following the launch of several platforms in recent years, it seems that private equity’s interest in the fertility space is trending up again. Investment in this sector brings some unique issues that potential investors...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

McDermott Will & Emery

Tips for Conducting Effective Due Diligence in an Auction Process

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In today’s highly competitive healthcare environment, investors may find themselves in an auction process where they must conduct due diligence pre-exclusivity. With limited time and mounting pressure, it can be difficult to...more

Locke Lord LLP

Conducting Due Diligence for Independent Contractor Misclassification Liability: A Guide for Private Equity Firms and Their...

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The publisher of this legal blog and Matthew Kane, the General Counsel and Chief Compliance Officer of Z Capital Group, LLC, wrote an article as guest authors for Private Equity Law Report entitled “How to Evaluate Portfolio...more

White & Case LLP

Five factors for lenders to consider in connection with a P2P

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Although acquisition activity in the European leveraged finance market has been on an upward trajectory since 2012, 2018 saw a substantial increase in buyout activity, which reached €57.6 billion in total, marking a return to...more

Dechert LLP

Global Private Equity Newsletter - Winter 2019 Edition: U.S. Carve-Out Transactions: A Fertile Ground for Private Equity Firms

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Driven by the influence of shareholders, activists and competitive market forces, public companies are demonstrating renewed focus on their core businesses. Reductions in the U.S. corporate tax rate from 35% to 21% have...more

Mintz

PE Opportunity in Litigation Financing

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Litigation financing has quickly grown from a fledging concept into a robust industry. The concept is simple: in exchange for a share of any proceeds, a financing firm agrees to pay all or a portion of the plaintiff’s legal...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

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