News & Analysis as of

Risk Management Private Equity Investors

Cadwalader, Wickersham & Taft LLP

Key Person, Key Risk, May 2025 - A Key Person Will Never Walk Alone . . .

For those that are not aware, Liverpool Football Club have now officially won their record equalling 20th English league football title. For the benefit of non-fans of association football or soccer (“soccer” of course...more

Woodruff Sawyer

Managing Transactional Risk in 2025: Our Strategy Guide

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In Q4 2024, the private equity deal landscape experienced a resurgence, largely driven by the Federal Reserve’s monetary easing policies, which fostered a favorable financing environment. According to EY’s “Private Equity US...more

Cadwalader, Wickersham & Taft LLP

Is Cash King? Deferred Consideration and Specie/in-Kind Transactions in the Context of Private Equity NAV Financings

Net asset value (NAV) facility documentation, at least in the context of private equity, has evolved to a large extent on the assumption that borrower funds will usually execute transactions in cash - paying cash on...more

Bradley Arant Boult Cummings LLP

Spring Fever for Private Company Investors: Avoid Investing When Red Flags Are Discovered in the Company’s Garden

We have been enjoying a nice spring in Dallas – moderate temperatures, not too much rain and mostly sunny skies. In the investing world, these conditions signal that the time is ripe for a private company investment. But just...more

Mayer Brown

Subscription Credit Facilities: Understanding the Collateral

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Subscription credit facilities, commonly referred to as “sub-lines” or “capital call facilities,” are a cornerstone of private equity finance. These facilities are secured by a bespoke collateral package that protects lenders...more

Ropes & Gray LLP

Legal Lingo: What is a Secondaries Transaction?

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Being an aspiring commercial lawyer often means being confronted by complex, often abstract, concepts leading to an often impenetrable wall of jargon for students and trainees. Next up in our Legal Lingo series, which we've...more

Morgan Lewis

Private Credit Markets Continue to Expand in Asia

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Private credit, or funding provided by non-bank lenders, has expanded significantly, becoming a $1.7 trillion global industry. Many market participants anticipate continued growth, with conservative estimates projecting an...more

Woodruff Sawyer

If Gen AI Is a Bubble, Here's How Investment Managers Can Stay Protected

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In 2024, global venture investment in generative artificial intelligence (Gen AI) grew to more than $56 billion, a 94% year-over-year increase from 2023. From 2023 to 2025, Nvidia’s market cap has grown from about $500...more

Hogan Lovells

Private capital and insurance: two way traffic

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Private capital investment in the insurance sector is established, large and growing. This article looks at why this is the case, and the challenges and the likely direction of travel for the near future, and also at the...more

Foley Hoag LLP

Shareholders' Agreement: Caution When Drafting Drag Along Provisions

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“Drag along” provisions are frequently included in shareholders’ agreements. Whenever an offer for all (or a high proportion) of a company's share capital is accepted by a majority (as determined by the shareholders’...more

Mayer Brown

Subscription Credit Facilities: The Importance of an Investor’s Agreement to Fund Without “Setoff, Counterclaim or Defense”

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EXECUTIVE SUMMARY - Subscription credit facilities rely on the obligations of investors to a private investment fund (“Fund”) to contribute their capital commitments to the Fund when called. From a subscription credit...more

Cadwalader, Wickersham & Taft LLP

Hot Topics (and Panels) for the Fontainebleau – Sun, Sea and Securitization

Back when NAV was something that guided you to your chosen venue for the evening, the FFA conference in Miami (and earlier still, New York) was a slightly more 'NAV'igable event....more

Morgan Lewis - As Prescribed

Navigating Key Challenges in M&A Deals in the Rare Disease Sector

In honor of Rare Disease Day on February 28, 2025, we will publish a series of posts throughout the month on As Prescribed and Health Law Scan, focusing on issues impacting the rare disease community. The value of merger and...more

Foley Hoag LLP - White Collar Law &...

New Massachusetts Healthcare Law Targets Private Equity, REITs, and MSOs; Expands State False Claims Act

On January 8, 2025, Governor Maura Healey signed House Bill 5159 into law, toughening the rules and increasing the risks for private equity (PE) companies, real estate investment trusts (REITs), and management services...more

Carey Olsen

Fund Finance Laws and Regulations 2025: Assessing Lender Risk in Fund Finance Markets (GLI chapter)

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Carey Olsen have contributed to the Global Legal Insights – Fund Finance guide by authoring a chapter on assessing lender risk in fund finance markets. As the fund finance market continues to evolve, lenders will need to...more

Tonkon Torp LLP

Optimizing the Value of a GP Advisory Board for Private Equity Funds

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Launching a private equity fund is an exciting yet daunting endeavor; and a General Partner (GP) Advisory Board can be a critical asset in navigating the complexities. Thoughtfully designing and engaging a GP Advisory Board...more

Seward & Kissel LLP

Multi-Strat Funds: Structuring Considerations

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In a typical multi-strategy fund (“Multi-Strat”), a fund structure is established by an investment manager (the “Investment Manager”) that runs multiple investment strategy portfolios within it, oftentimes with different...more

K2 Integrity

[Webinar] Family-Owned Businesses in Italy and Spain: Opportunities and Pitfalls for International Investors - October 29th, 1:00...

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Family-owned businesses continue to play a significant role in the Italian and Spanish economies, accounting for more than 80 percent of all enterprises and around 60 percent of GDP in both countries. In the aftermath of the...more

Ankura

Political Nexus in Indian Startups: Essential Checks for Investors

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As the Indian startup ecosystem continues to thrive, attracting substantial investments from around the globe, investors are increasingly eyeing opportunities within this burgeoning market. However, investing in Indian...more

McDermott Will & Emery

[Event] Physician Practice Management and ASC Symposium 2024 - May 15th - 16th, Nashville, TN

The Physician Practice Management (PPM) and ASC Symposium 2024 is the destination event for PPM and ASC industry leaders and health industry investors. Join us as we deliver actionable insights on the state of the market and...more

Bass, Berry & Sims PLC

2024 Healthcare Private Equity Outlook & Trends

W ith various headwinds resulting in down volume in 2023, buyers and sellers alike find themselves asking whether 2024 will see a rebound in deal activity. As we begin 2024, we have highlighted the issues and trends that...more

A&O Shearman

Private Markets 2023 – let’s check the pulse!

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As we approach the half way point in 2023, it's time to take stock of developing trends in private markets and what it could mean for the future. Our Funds and Asset Management Partner, Kamar Jaffer, has identified some...more

Morrison & Foerster LLP - Government...

SBA Finalizes Rule To Modernize The SBIC Program

The U.S. Small Business Administration (SBA) finalized a rule to modernize the Small Business Investment Company (SBIC) Program on July 17, 2023. Part of President Biden’s Investing in America agenda, the new SBIC Investment...more

Latham & Watkins LLP

Investor Directors in the Hot Seat as Enforcement Risk Grows

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Greater focus on strong corporate governance and transparency is placing company directors in the UK and elsewhere under growing scrutiny and increased risk of individual civil and criminal liability. As new case law and...more

McDermott Will & Emery

[Virtual Event] HPE Europe 2021 - June 23rd - 24th, 12:20 pm - 1:30 pm GMT

This year, recognising that as we are still unable to meet in person, our HPE Europe EVENT will be going ahead with two exclusive, virtual extended lunch time sessions. We will be joined by investors including key players...more

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