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Proskauer - Regulatory & Compliance

Sanctions Considerations for Private Equity Firms – a few practical tips

Private equity firms could face significant sanctions risks when doing business with entities connected to sanctioned jurisdictions (such as Russia)...more

Goodwin

Stretching and Flexing - Part 1 Addressing Longer Hold Periods

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Patience is proving to be a virtue for a private equity industry that began 2024 sitting on more than 28,000 portfolio companies valued at more than $3 trillion, according to a report by Bain & Company, as average hold...more

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks: Navigating PE Realization and Structuring Products for Wealthy Individuals with Hg Capital

In this episode, we’re joined by Steven Batchelor and Martina Sanow of Hg Capital, one of the largest and most successful private equity firms in the world. Specializing in technology, financial services software, and...more

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

WilmerHale

“Roll Up” or Roll On Out: Court Dismisses FTC Lawsuit Against Private Equity Firm Welsh Carson Under Section 13(b)

WilmerHale on

In a decision with significant implications for private equity firms and minority investors, on May 13, 2024, the US District Court for the Southern District of Texas dismissed the Federal Trade Commission’s (FTC) suit...more

Hogan Lovells

Private equity – Navigating manager exits and management incentives in challenging times

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This article discusses the key issues to be considered where a senior executive’s employment is to be terminated and the management incentive plan needs a reset, all in the context of operating in times of economic stress....more

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

Goodwin

Incentive Equity: Vesting Criteria for Management Teams of PE-Backed Portfolio Companies

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Vesting terms for incentive equity arrangements of private equity (PE) backed portfolio companies can come in many shapes and sizes. While many PE sponsors have their own preferred vesting terms, deal practitioners should...more

Goodwin

Use of Equity Rollovers Continues to Rise Amid Market Uncertainty

Goodwin on

Since 2020, a steadily increasing number of middle-market private equity deals have included equity rollovers. ​​​​​​​ Given the current acute challenges in arranging acquisition financing on palatable terms and a...more

Goodwin

DOJ Renews Focus on Private Equity Amid Record False Claims Act Enforcement

Goodwin on

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

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks Episode 8: Scaling Founder-Owned Businesses with Lincolnshire Management’s Matt Nacier

On the latest episode of Private Market Talks, we dive into the world of private equity with Matt Nacier, principal at Lincolnshire Management and member of the firm’s origination team. Lincolnshire Management is a middle...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

Latham & Watkins LLP

PE on Red Alert for Greenwashing in Light of UK Developments

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PE firms face growing regulatory and litigation risks from greenwashing claims as they navigate a fragmented anti-greenwashing landscape. Amid concerns of exaggerated or misleading sustainability claims, the UK Financial...more

Latham & Watkins LLP

Bridging the Gap Between Infrastructure and PE Requires a Fresh Approach to Deal Terms

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PE firms seeking to attract a broader range of bidders to portfolio company sales should assess the changing needs of infra-investors. As the boundaries of what constitutes “infrastructure” assets have blurred in recent...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

Akin Gump Strauss Hauer & Feld LLP

The Key Dynamics of Private Debt

Executive summary • Despite the COVID-19 pandemic, 2020 still saw robust private equity (PE) activity relative to historical activity, with well over 5,000 completed transactions even amid a drop in aggregate deal value...more

A&O Shearman

What to Expect from the Biden Administration

A&O Shearman on

The inauguration of Joe Biden as President of the United States has set in motion a number of significant policy changes. In this panel discussion, our U.S. legal and policy specialists shared their insights on what our...more

McDermott Will & Emery

[Webinar] HPE Miami 2021 - March 9th - 12th, 11:00 am - 2:30 pm EST

McDermott Will & Emery on

Join us for the annual HPE Miami Conference, with four days of exclusive, virtual sessions where private equity investors and industry experts will delve into the insights and strategies shaping the future of healthcare...more

Benesch

U.S. Private Equity: 2021 Market Outlook

Benesch on

This year should combine both commercial opportunities and regulatory risks for private equity. Deal multiples are high and will probably stabilize or continue to go a little higher given the combined effect of a scarcity of...more

K&L Gates LLP

COVID-19: Private Equity Sponsors - Navigating Fundraising and Fund-Level Matters in Challenging Times

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The private equity industry has seen substantial growth and success since the global financial crisis of 2008. For the first time in over a decade, private equity sponsors are now entering what may be an extended period of...more

Bass, Berry & Sims PLC

Private Equity Firm Settles FCA Case

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In two prior posts [Government Files Amended FCA Complaint Against Private Equity Firm and its Portfolio Company and DOJ Intervention in Healthcare Fraud Case Highlights Potential Risks for Private Equity Firms], we wrote...more

White and Williams LLP

The Long Arm of the Law Lengthens: What the U.S. ex rel. Medrano v. Diabetic Care RX, LLC Settlement Means for Private Equity...

White and Williams LLP on

In March 2018, White and Williams issued an alert covering the Department of Justice’s (DOJ) intervention in the False Claims Act (FCA) case United States ex rel. Medrano v. Diabetic Care RX, LLC, No. 15 Civ. 62617 (S.D....more

Foley Hoag LLP - White Collar Law &...

Life Sciences Investors Beware: Private Equity Firm Settles Federal False Claims Act Suit Regarding Compounding Pharmacy It...

On September 18, 2019, the Department of Justice announced a $21.36 million settlement to resolve a False Claims Act (“FCA”) lawsuit alleging a fraudulent kickback scheme through which a pharmaceutical company (Patient Care...more

Foley & Lardner LLP

2018 Private Equity Industry Overview

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Private equity firms entered 2018 amid a confusing mix of record inflows and elevated prices. At the same time, new regulation was expected to raise the cost of capital while also reducing taxes, rolling back limits on...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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