Several Wall Street lobbying groups urged a D.C. federal judge on Wednesday to vacate the Commodity Futures Trading Commission's controversial cross-border swaps rules, maintaining the agency failed to conduct necessary rulemaking procedures before setting up the regulations.
A Delaware bankruptcy judge on Wednesday blessed a settlement between nutritional supplement maker Natrol Inc. and private equity lender Cerberus Business Finance LLC, removing the specter of litigation that threatened to bog down the vitamin company’s reorganization plans.
Carlyle Group LP, last quarter’s most active private equity buyer, said Wednesday it will continue “selective” buying but will be aggressive as it pursues sales to cull its portfolio of companies, as it announced a big gain in profits for the second quarter.
The U.S. Department of Justice on Wednesday ordered Landmark Aviation to shed service operations at an Arizona airport as a condition of its $330 million acquisition of rival Ross Aviation in order to resolve competition problems with the deal.
Private equity firms are using some deal provisions that became prominent during and after the financial crisis less and less, while also backing away from go-shop provisions, according to a new survey of 49 large deals last year by Weil Gotshal & Manges LLP.
A former graphic designer for NYG Capital LLC sued the company and its embattled CEO Benjamin Wey in New York state court Tuesday, alleging he was fired for reporting Wey's sexual harassment of an employee who last week sued the company for $850 million.
The summer is shaping up to be a busy time for Chicago-based private equity firm GTCR LLC, which announced its third deal this month on Wednesday — a buyout of health care-technology company XIFIN Inc. for an undisclosed amount.
British middle-market private equity firm 3i Group said Wednesday that while it is raking in a good amount of cash by selling out of existing investments, it didn't make a single purchase last quarter, wary of high prices and strong competition.
JinkoSolar Holding Co. Ltd. said on Wednesday that three different investors will be injecting a combined $225 million in private equity investments into the Chinese solar manufacturing company in a move meant to bolster its downstream solar power project division.
Many companies seeking to raise equity or quasi-equity capital do not realize that dealing with an unregistered broker-dealer will not only expose the broker but also the issuer of the securities, says James Alterbaum of Moses & Singer LLP.
We have noticed that a buyer who wants to distinguish itself from the other bidders needs to go beyond offering the best price, which gives the bigger private equity shops a big advantage in winning deals in the middle market, says Phil Taub, co-leader of Nixon Peabody LLP's private equity transactions practice.
Directors of KKR Financial Holdings LLC urged a Delaware Chancery Court judge Tuesday to toss a putative class action brought by KFN shareholders allegedly shortchanged in a $2.6 billion takeover by KKR & Co. LP, contending the deal was a legitimate exercise of their business judgment.
The world's biggest banks often play a key role in dealmaking by helping to bring buyers and sellers together, but this summer, these financial institutions are increasingly taking on a new role — that of seller — as they shed large debt portfolios.
A Delaware federal judge on Monday tossed one claim and left the other two intact in a suit alleging that the actions of private equity firm General Atlantic LLC and its managing director led to the bankruptcy of ProxyMed Inc., which provided information technology services to doctors, pharmacies and labs.
Electra Private Equity PLC dismissed activist investor Edward Bramson’s bid to join the board and lead a review of the London-listed firm Tuesday, standing by its investment strategy and its boardroom of wholly independent, nonexecutive directors.
The activist investors long targeting Darden Restaurants Inc. got a boost this week when the company offered up several board seats and said its much-criticized dual chairman and CEO would step down, but the concessions did little to ease what has swelled into this year's most prominent activist battle.
Casino owner Affinity Gaming has agreed to reshuffle its board of directors in order to dismiss pending shareholder litigation over its implementation of alleged “poison pill” provisions to keep certain private equity shareholders from taking control, according to a Monday statement.
The hot-blooded boardroom battle between Cliffs Natural Resources Inc. and major investor Casablanca Capital LP appears to be over, as preliminary voting results show that all six of Casablanca's nominees were elected to the Cliffs board of directors on Tuesday.
Private equity-backed clothing retailer Pepe Jeans is looking to sell its business, which could fetch as much as $941 million, while City Developments and Stockland Group are said to be vying for Leighton Holdings' $7 billion residential and commercial property portfolio.
Indian e-commerce hub Flipkart said Tuesday it raised $1 billion in its latest funding round, the largest sum ever for an Indian Internet company, providing a huge equity infusion the company says will help it capitalize on the country’s embrace of mobile technology.
As a result of the dramatic rise in foreign investment in U.S. real estate and federal income taxes imposed under the Foreign Investment in Real Property Tax Act, foreign investors should once again consider investing synthetically through a total return swap, especially considering a recent IRS ruling, says Jeffrey Rubinger of Bilzin Sumberg Baena Price & Axelrod LLP.
In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.
Recent shifts in Cayman Islands law mean that Cayman liquidators are now able to retain foreign lawyers for the liquidation of Cayman-registered funds on more flexible terms, and utilize methods of funding that are not otherwise permissible in the territory, say Tony Heaver-Wren and Jeremy Snead of Appleby (Cayman) Ltd.
U.S. Bankruptcy Judge Sean Lane of the Southern District of New York in the case of Genco Shipping & Trading Limited waded into the controversy by considering the appropriateness of third-party releases — and nonconsensual ones at that, says Frank Grese of Weil Gotshal & Manges LLP.
It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.
Potential bids by U.S. suitors for U.K. target companies in the pharmaceutical and health care sectors seem to be a recurring theme this year
Governmental investors in private equity funds may sometimes be protected from legal recourse in ways that other investors are not, but such immunity can be addressed in negotiations — and a carefully drafted waiver clause in the relevant transaction documents, say Shannon Rose Selden and Gavin Anderson of Debevoise & Plimpton LLP.
A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.
The latest round of U.S. sanctions against Russia’s oil, natural gas and financial industries is a dramatic departure from how the United States has applied targeted sanctions in the past, and raises several questions, say Alexandra Lopez-Casero and D. Grayson Yeargin of Nixon Peabody LLP.
Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.