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Portfolio Companies Board of Directors

Holland & Knight LLP

Key Considerations for Independent Sponsors Regarding Portfolio Company Governance

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Holland & Knight's Independent Sponsors Team has seen an increasing number of independent sponsors taking part in transactions of seemingly all shapes and sizes. With increasing variation of transactions comes increasing...more

Latham & Watkins LLP

Investor Directors in the Hot Seat as Enforcement Risk Grows

Latham & Watkins LLP on

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

HPE Miami 2023 | Mitigating Risk & Liabilities: Strategies for 100 Days Post-Close and Beyond

During this session, this roundtable focused on steps that investors can take to promote compliance. Among other topics, there was discussion regarding the roles, responsibilities and best practices for those serving in board...more

Benesch

Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

Benesch on

​​​​​​​Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for...more

Quarles & Brady LLP

[Webinar] Venture Capital Portfolio Company Board Seats: Legal Implications and Best Practices - August 24th, 12:00 pm - 1:00 pm...

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Venture capital funds and investors often sit on the board of directors of their portfolio companies, providing opportunities to engage actively with the portfolio company management and helping the company grow. Wearing both...more

Akin Gump Strauss Hauer & Feld LLP

Who is in Control? Considerations for Significant Equityholders in the Current Business Environment

Equity investors and sponsors are actively reviewing the financial needs and business operations of their portfolio companies. As a result of the economic upheaval and government-mandated social restrictions imposed by the...more

Dechert LLP

Federal Banking Agencies Provide Temporary Relief from Compliance with Regulation O for Investment Advisers to Large Fund...

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The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (Federal Banking Agencies) on December 27, 2019 provided temporary relief from...more

WilmerHale

Private Equity Firms, the Healthcare Industry, and the FCA: The “Butterfly Effect” in Action?

WilmerHale on

When Riordan, Lewis & Haden Inc. (RLH), a private equity firm, found itself ensnared in a False Claims Act (FCA) litigation for its role in a prescription drug kickback scheme orchestrated by one of its portfolio companies,...more

Dechert LLP

Global Private Equity Newsletter - Spring/Summer 2019 Edition: Recent Developments in Acquisition Finance (Traps for Portfolio...

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A recent decision by the Superior Court of the State of Delaware highlights a risk of potential exposure to liability for individuals affiliated with private equity firms who are presumed to be covered by a directors’ and...more

Pillsbury Winthrop Shaw Pittman LLP

PetSmart Tells PE Firms to GetSmart on Privilege

How PE firms can minimize attorney-client privilege risks after Argos Holdings Inc. and PetSmart Inc. v. Wilmington Trust N.A. PE firms face a variety of litigation and deal-related attorney-client privilege challenges...more

Dechert LLP

Global Private Equity Newsletter - Fall 2018 Edition: EU General Court: Financial Investors Liable for Anticompetitive Conduct of...

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The General Court of the European Union recently held, in Goldman Sachs v. Commission, that purely financial investors such as investment funds may be held jointly and severally liable for competition law violations...more

Farella Braun + Martel LLP

Do You Know What’s In Your Portfolio Company’s D&O Insurance?

When a venture capital or private equity firm invests in a portfolio company (PC) and places a general partner on the PC’s board, they typically require that the PC agree to defend and indemnify the board member in any...more

Proskauer - The Capital Commitment

Portfolio Company Litigation: Some Practical Considerations for Board-Designees of Private Funds

Individuals affiliated with private fund managers are increasingly being named as defendants in lawsuits involving fund portfolio companies, particularly where the fund controls one or more seats on the portfolio company’s...more

Bryan Cave Leighton Paisner

Federal Trade Commission Increases Interlocking Directorates Thresholds

Last week the Federal Trade Commission published its annual revision of the interlocking directorates thresholds under Section 8 of the Clayton Act. The new thresholds became effective on January 26, 2016....more

Dechert LLP

Global Private Equity Newsletter - Winter 2016 Edition: Recent Developments in Acquisition Finance

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Two recent court decisions may result in a broadening of the range of options available to an equity sponsor in respect of an insolvent portfolio company. The first decision may provide increased flexibility in structuring...more

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