Bankrupt quarrier Victor Oolitic Stone Co., which does business as Indiana Limestone Co., canceled the scheduled Chapter 11 auction and is set to go with the $26 million stalking horse offer from a unit of private equity firm Wynnchurch Capital, an attorney for the debtor said Tuesday.
A Delaware Chancery judge declined Tuesday to dismiss claims brought by a shareholder of aircraft company Erickson Air-Crane Inc. that alleged the company's private equity majority stakeholder engineered a $250 million deal to buy a unit of Evergreen International Aviation Inc. at minority stockholders' expense.
Seventh Circuit Chief Judge Diane Wood talks to Law360 about managing a court in crisis, surviving two U.S. Supreme Court near-misses, and tailoring crafty dissenting opinions that can change the mind of even the staunchest of ideological opponents.
Dallas-based Caelus Energy LLC on Tuesday said it has partnered with private equity giant Apollo Global Management LLC to invest in Alaskan oil and gas properties as Caelus seeks to build up an independent exploration and production business in resource-rich Alaska.
A private equity-backed joint venture of W Capital Group and developer Shamrock Holdings has scooped up a former Miami Beach hotel site from a Lehman Bros. affiliate and plans to build a new luxury residential tower next to an existing resort, broker CBRE Hotels said Tuesday.
A group of Walgreen Co. investors recently urged the drug store chain to consider moving its longtime U.S. headquarters to a more tax-friendly jurisdiction, and experts say companies should brace themselves for an influx of sophisticated shareholder activists angling for similar structural changes.
Onex Corp. and Cineplex Inc. may join forces to snap up arcade and restaurant chain Dave & Buster’s Inc., while ConMed is exploring a sale amid pressure from activist investors.
European antitrust regulators on Tuesday approved Deutsche Telekom AG's plan to buy telecommunications provider GTS Central Europe from a group of private equity firms for €546 million ($733.7 million), finding the resulting company would face sufficient competition from rival telecommunications companies.
Rent-to-own retailer Aaron's Inc. has rejected — and filed suit over — a $2.3 billion takeover offer from private equity firm Vintage Capital Management LLC and instead bolstered its asset portfolio by acquiring a retail credit financing firm for $700 million, the company announced Tuesday.
Carbon goods maker Koppers Inc. on Monday agreed to acquire Osmose Group Holdings' wood preservation and railroad services businesses for $460 million.
New York-based Elliott Management Corp. on Tuesday reaffirmed its all-cash takeover offer for Riverbed Technology Inc., publicly nudging the computer equipment maker more than a month after it spurned Elliott's sweetened $3.36 billion buyout bid.
Manatt Phelps & Phillips LLP said Monday it has picked up an attorney from K&L Gates LLP with expertise in mergers and acquisitions and in securities, private equity and finance matters, to reinforce its capital markets practice in Los Angeles.
Activist investor Daniel Loeb continued to escalate his battle with Sotheby’s on Monday by releasing an investor presentation on why his hedge fund should obtain three board seats, saying Sotheby's financial performance is unacceptable despite management's rosy claims.
Clean energy investment grew to $61 billion in the first quarter of 2014, a 14 percent increase from the same quarter last year, according to a Monday report by analyst Clean Energy Pipeline.
Private equity-owned data technology company Edgenet Inc. asked the Delaware bankruptcy court Friday to approve an auction plan for a portion of its assets, with a unit of Parallax Capital Partners LLC putting in a stalking horse bid of $6.5 million plus certain assumed liabilities.
Private equity firm Pomona Capital has closed out its eighth secondaries fund with a hard cap of $1.75 billion in commitments, it said Monday.
Momentive Performance Materials Inc., a silicone and quartz producer controlled by private equity firm Apollo Global Management LLC, on Sunday filed for bankruptcy protection in New York, with a prenegotiated plan to cut its debt by $3 billion.
Pembrook Capital Management LLC announced Monday that it had closed on a $24.8 million bridge loan to help McSam Hotel Group purchase a Manhattan development site near Hudson Yards in Manhattan.
JPMorgan Chase & Co. and other financial institutions on Thursday requested that a hedge fund's pending lawsuit accusing them of playing a role in a $3.7 billion Ponzi scheme carried out by disgraced businessman Thomas Petters be moved to New York federal court on Monday, according to court documents.
TIAA-CREF announced Monday it’s paying $6.25 billion to acquire bond specialist Nuveen Investments from investors led by Madison Dearborn Partners LLC, a move that further diversifies the retirement services provider's investment offerings and substantially grows its assets under management.
The meteoric media rise of the “celebrity” whistleblower has shone a spotlight on the practice, with personalities such as Chelsea Manning and Edward Snowden dividing public opinion on the ethics of spilling secrets. But organizations should pay close attention to the surge in this trend beyond the headlines. Remember, whistleblowers don’t need to be popular to be effective, and opinions on their motives and morality are entirely secondary to the critical issues they potentially uncover, says Shanti Atkins of Navex Global.
While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.
As institutional investors and proxy advisory firms push forward with the declassification movement, corporate governance constituencies might consider developing a modified classified board structure that could result in preserving the structure’s value-enhancing benefits while addressing shareholders’ concerns about board accountability, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
A recent California ruling, treating a private equity fund founder’s income streams from the fund and its management company as separate, may not have a large practical impact where the management company receives only the management fee and not the carry. A much larger impact may occur if the same logic applies to the general partner structure and carry as well, say David Fischer and Jennifer Ray of Crowell & Moring LLP.
A footnote in the Delaware Court of Chancery’s Rural Metro decision starkly spotlights the visceral trouble spot in the enhanced-scrutiny paradigm — that even the conscientious director who does everything right may still be branded as breaching fiduciary duty. This is particularly troubling in the context of a statutory promise that directors will be “fully protected” if they conscientiously comply, says Peter Allan Atkins of Skadden Arps Slate Meagher & Flom LLP.
Why do the majority of speakers get polite claps at the end of their talks while a few select others receive rousing applause? Having given more than 375 presentations to legal groups, bar associations, Fortune 500 companies and corporate gatherings, I’ve learned a few things about what not to do. Remember, great speakers don’t tell “war stories.” They don’t even give examples from their own practice, says Michael Rubin of McGlinchey Stafford PLLC.
A Seventh Circuit opinion in a dispute related to the Sentinel Management Group bankruptcy reinforces the importance of the portability of investment accounts carrying commodity customer funds, and recognizes the choice made by Congress to prioritize the stability of the financial markets ahead of other creditors when an investment firm becomes insolvent, say attorneys with Foley & Lardner LLP.
In light of Dave Camp’s draft tax reform legislation, state and local government pension plans that make future investments in private equity funds may wonder if they should have the flexibility to move their investments to “blocker” entities that would prevent unrelated business taxable income from passing through to them. The problem with a U.S. blocker, however, is that it will be liable to tax on all of its income and gains, which will substantially reduce the investor’s post-tax return, say Christian McBurney and Michael Cooney of Nixon Peabody LLP.
Last month, I received a stack of express mail over a foot deep from the Bureau of Economic Analysis, which has statutory authority to collect vast amounts of data on certain international investments in the U.S. and abroad. The girth of the envelopes highlights the need for a compliance update — especially since the potential penalties for noncompliance include fines and potential jail time for officers, directors, employees or agents, says Amy D'Agostino of Chadbourne & Parke LLP.
The recently introduced SBIC Advisers Relief Act would fix several regulatory uncertainties many advisers to Small Business Investment Company, venture capital and private funds currently experience, and incentivize the use of the SBIC program by venture fund managers, resulting in increased job creation and funding for startup companies, says Christopher Hayes of the Small Business Investor Alliance.