Topic: Private Equity

5 Risks Every Private Equity Firm Needs to Manage

“[R]egulators and prosecutors are increasingly focusing on private equity firms.” (Jeffrey Legault, Mark Pedretti, and Pablo Quiñones at Reed Smith) Managing risk is nothing new in the private equity world. But federal and state regulators – and unhappy stakeholders in acquired companies – are upping the ante. From lawyers writing on JD Supra, here’s a… Read more »

JD Supra Corporate Brief: SEC Demands, Activist Money, Religious Accommodations, Risk Retention

Wait – you haven’t signed up for email delivery of the JD Supra Corporate Brief? What are you waiting for? Give the SEC an inch, and they’ll want to take a mile… (Orrick) Looking for the latest in class action trends? It’s right here… (Skadden) The PTO’s first decision under the America Invents Act invalidated… Read more »

JD Supra Corporate Brief: Trade Secrets in China, Wire Fraud at Locust, Insurance Issues in Congress, Three Quarters of a Billion (Dollars)

Breakfast is the most important meal of the day. The most important law news? Why, it’s the JD Supra Corporate Brief, of course: “Feelings, nothing more than feelings…” The new anthem for private equity firms? (Greentarget) Taiwanese executives from HTC were arrested for selling trade secrets to China. Here’s why it matters to US companies…… Read more »

JD Supra Corporate Brief: FTC Approval, Gray Market, Personal Email, Say-on-Pay Lawsuits

Haven’t signed up yet for email delivery of the JD Supra Corporate Brief? What on earth are you waiting for? Why would a buyer want FTC blessing of an acquisition that falls below the HSR reporting threshold? (Perkins Coie) It’s not smoke and mirrors: gray market goods have indeed gotten a little less gray… (Quinn… Read more »

Is a Private Equity Fund Responsible for the Pension Obligations of a Bankrupt Portfolio Company?

“… the First Circuit found that the Sun Capital fund having a 70 percent ownership interest in SBI had ‘undertaken activities as to the [Scott Brass Inc. (SBI)] property,’ became ‘actively involved in the management and operation’ of SBI, and that the general partners of the funds had authority to make decisions about ‘hiring, terminating,… Read more »

JD Supra Corporate Brief: Sun Capital, Foreign Investment, China Copyrights, Effective Compliance

It’s Friday, and the weekend’s not far behind. Sounds like a good reason to celebrate, with the JD Supra Corporate Brief! An appeals court just found that PE fund Sun Capital was engaged in a “trade or business” in a ruling that could have drastic implications for the private equity industry… (JD Supra Contributors) Lawmakers… Read more »

JD Supra Corporate Brief: Electronic Discovery, Steven Cohen, Joint Ventures, Spoofing Cheetah

Yes, it’s Monday. But a good cup of coffee, a blueberry scone, and the JD Supra Corporate Brief can help… Who should pay the costs of electronic discovery? It depends on where you ask… (Cullen and Dykman) Interesting perspective on the charges against Steven Cohen from a former staff attorney at the SEC… (Brooks Pierce)… Read more »

JD Supra Corporate Brief: China Detentions, HIPAA Policies, Compounding Pharmacies, Club Deals

Sign up for email delivery of the JD Supra Corporate Brief, and you’ll never go hungry for reading material again! The key lesson for multinationals from China’s arrest and detention of four GSK employees? Update your anti-corruption programs… (K&L Gates) Worried that the Supreme Court’s ruling against “pay to delay” agreements in Actavis could expose… Read more »

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 »