IPO Boom Comes With Costs For PE Firms, Insurers

Law360, New York (January 5, 2015, 11:46 AM EST) -- Hardly any time passes without the announcement of yet another private equity-backed initial public offering. In 2014, private equity-backed IPOs represented 63 percent of domestic IPOs by number and 72 percent by volume.[1] There is also every indication that the private equity-backed IPO pipeline is expected to remain robust into 2015. IPOs, however, are not without risk to private equity firms. When the value of a new publicly traded company's stock falls precipitously following an IPO shareholder federal securities litigation is certain to follow.[2] Private equity funds are routinely named as defendants in such lawsuits as primary actors under Section (10)(b) of the Securities and Exchange Act of 1934 and as controlling persons under Section 15 of the Securities Act of 1933 and Section 20(a) of the Exchange Act. Directors appointed to the issuer's board by the private equity firm and its sponsored funds are also named as defendants as primary actors as well as control persons....

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