News & Analysis as of

Privately Held Corporations Private Equity

Procopio, Cory, Hargreaves & Savitch LLP

Eleven Concepts Business Teams Need to Know About Indemnification and Protection in Private Company M&A: Cutting Through the...

Privately held businesses are rarely bought or sold “as is.” Buyers of most businesses usually expect the sellers to make a comprehensive set of “representations” or “reps.” In other words, statements about the business that...more

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks: Unlocking the Potential of Alternative Markets with HighVista Strategies’ Raphi Schorr

Two decades ago, HighVista Strategies set out to transform alternative investing by tapping into less efficient markets in search of alpha. Today, with $11 billion under management, the firm remains at the forefront of...more

Levenfeld Pearlstein, LLC

What to Expect When Selling a Business: A Conversation with Jordan Gerber at Caber Hill Advisors

Below is his conversation with Jordan Gerber, a Managing Director at Caber Hill Advisors, an M&A advisory firm that focuses on helping privately-held, middle-market businesses transact with strategic or private-equity-backed...more

Ankura

Connecting the Pieces and Filling the Gaps

Ankura on

“The market is missing things, and we are not at our true value” is a common refrain we hear from company executives, both public and private equity-backed. Investors may not fully understand a small, but growing part of the...more

White & Case LLP

The Basics of P2P Acquisition Financing

White & Case LLP on

A public-to-private transaction ("P2P") is one in which a publicly listed company is acquired and taken into private ownership. Because they involve changes in ownership of public companies, P2Ps are subject to various...more

White & Case LLP

5 things you need to know about … public to private bids

White & Case LLP on

PE dominance - Private equity and family offices are exerting increasing influence over public takeovers in the UK, with public to private transactions ("P2Ps") making up more than 2/3 of all bids in H1 2021 and...more

WilmerHale

In Case You Missed It: Launch Links - September 2021

WilmerHale on

Some interesting links we found across the web this week: Should Your Company Implement a Vaccination Mandate?  As the Biden administration announced the new federal vaccine requirements on Thursday, an increasing...more

Farella Braun + Martel LLP

Turmoil in the SPAC Market: What Private Tech Companies Should Consider Before Going Public Via a SPAC

In the spring of 2021, one of the hottest markets—the market for special purpose acquisition companies, or SPACs—has “screeched to a halt,” according to CNN. As the SPAC market grew red hot in the past six months, it seemed...more

Troutman Pepper Locke

SEC Amends “Accredited Investor” Definition

Troutman Pepper Locke on

On August 26, the U.S. Securities and Exchange Commission (SEC) adopted amendments expanding the definition of “accredited investor” to allow additional categories of investors to invest in unregistered private offerings. The...more

Dechert LLP

Global Private Equity Newsletter - Winter 2020 Edition: Hong Kong Licensing Guidance for Private Equity Firms

Dechert LLP on

The Hong Kong Securities and Futures Commission (SFC) issued a circular (Circular) on January 7, 2020, which clarifies that private equity firms conducting, or holding themselves out as conducting, regulated activities in...more

White & Case LLP

European leveraged finance: A bifurcated balancing act: Public-to-private: Private equity on the hunt for new value

White & Case LLP on

HEADLINES - In 2019, European take-private deals backed by private equity reached €34.5 billion over 31 deals - This is 14 per cent higher than 2018 and more than five times the total deal value seen just five years...more

Dechert LLP

SFC Licensing Guidance for Private Equity Firms

Dechert LLP on

The Hong Kong Securities and Futures Commission (SFC) issued a circular (Circular) on January 7, 2020, which clarifies that private equity firms conducting, or holding themselves out as conducting, regulated activities in...more

White & Case LLP

Ahead of the pack: US M&A 2019: Private equity stands its ground in 2019

White & Case LLP on

In line with the wider US M&A markets, PE deals held firm through 2019 with 1,329 buyouts, worth US$208 billion, representing a decline of 9 percent by volume, but just a 4 percent fall by value relative to 2018. PE...more

White & Case LLP

Ahead of the pack: US M&A 2019: US dealmakers steer a steady path through global headwinds

White & Case LLP on

As the rest of the world backed away from the deal table, confident US corporates continued buying businesses—especially in the life sciences and TMT sectors, and particularly in the domestic market. US dealmakers had a...more

Latham & Watkins LLP

Private Equity Set to Get Active With Activists

Latham & Watkins LLP on

Companies previously considered immune from activist campaigns have come under pressure, driving new public and private deal opportunities for private equity. US shareholder activists are an established presence in Europe....more

Opportune LLP

How Section 83(i) in the Tax Cuts & Jobs Act of 2017 Benefits Workers

Opportune LLP on

The Tax Cuts and Jobs Act of 2017 (“The Act”) is just over a year old and tax practitioners, taxpayers and commentators are still working to digest the actual effect of many of its sweeping changes. While one of the central...more

Latham & Watkins LLP

Growth Of Large-Cap Consortium Bids Tests Popularity Of Proprietary Bids - But What Are the Challenges for Private Equity?

Latham & Watkins LLP on

Consortium (or “club”) deals involving PE firms have become a common feature of the deal market throughout 2018, with sponsors teaming up with each other or with strategic partners to buy large-cap assets. To the start of...more

Proskauer - The Capital Commitment

Valuation of Illiquid Portfolio Investments – Avoiding Regulatory Risks with Form and Substance

For private fund managers, the valuation of privately-held securities has been subject to heightened regulatory scrutiny. As the IPO on-ramp for private “unicorn” investments has lengthened, fund managers may hold illiquid...more

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