Topic: Private Equity

The SEC Speaks. Are You Listening?

“SEC Chairman Elisse Walter … remarked that the SEC should work to give investors access to information and protect them from unnecessary risks such as fraud, market manipulation, insider trading and market structure failures, but should not discourage all risk-taking, in order to allow for continued growth in public offerings.” (Katten Muchin Rosenman) In late… Read more »

Court Gives Private Equity Funds a Pass on ERISA Obligations

“ERISA treats all members of a ‘controlled group’ as a single employer for purposes of its provisions imposing liability on employers in connection with the termination of an underfunded single employer pension plan or a withdrawal from an underfunded multi-employer pension plan. As a result, if an employer terminates or withdraws from an underfunded pension… Read more »

Corporate Bankruptcy Law: Latest Need-to-Know from JD Supra

[Link: Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation? - Bloomberg Law] The impending dissolution of Hostess Brands – maker of Twinkies, Ho Hos, and Wonder Bread – has captured headlines over the past few weeks. But Hostess’s story isn’t the only bankruptcy law news of relevance to Corporate America. For your reference:… Read more »

JOBS Act: Implications for Private Fund Offerings

In early April 2012, President Obama signed into law the Jumpstart Our Business Startups (JOBS) Act, which significantly eases restrictions on startups and emerging growth companies seeking access to US capital markets. But startups and small businesses aren’t the only ones who stand to benefit from the JOBS Act. The Act also contains a number… Read more »

Private Equity and the FCPA: Time to Get Serious About Corruption

“The private equity industry is the latest target of an unprecedented explosion in Foreign Corrupt Practices Act (“FCPA”) enforcement by U.S. regulators. As the industry expands to emerging markets overseas and faces new Dodd-Frank regulations, private equity firms and hedge funds are under heightened scrutiny from the Department of Justice and the Securities and Exchange… Read more »