How PE Firms Can Mitigate Secondary Liability Risks

Law360, New York (March 5, 2014, 2:27 PM EST) -- Investment firms continue to face an expanding series of legal risks associated with their portfolio company investments — including through theories of secondary liability. As these risks multiply, investment firms, such as private equity funds, cannot focus simply on their own legal compliance, but must remain diligent with respect to the portfolio companies in which they invest. This article discusses common sources of secondary liability and offers practical steps to mitigate these risks.

Secondary Liability Under the Federal Securities Laws

Investment firms face potential risks via...
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