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Private Equity
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March 18, 2024
Ex-CEO Sues Trump-Tied SPAC For Litigation, Probe Fees
A director and former CEO of Donald Trump-tied Digital World Acquisition Corp. has sued the venture in Delaware's Court of Chancery, seeking legal fee advancements from DWAC for costs arising from federal probes, lawsuits in multiple states and potential fiduciary breach claims.
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March 18, 2024
Proskauer Guides $58M Sale Of Seattle Reign NWSL Team
The National Women's Soccer League's Seattle Reign FC will fall under new ownership as a group including men's soccer franchise Seattle Sounders FC and private equity giant Carlyle announced plans to buy the women's team in a deal that values it at $58 million.
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March 18, 2024
PE Biz Oakley Capital To Invest £9M In Optical Tech Biz
Private equity investor Oakley Capital said Monday an associated fund has agreed to buy Horizons Optical for an undisclosed sum, a deal expected to pool in £9 million ($11.5 million) investment for the medical software business.
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March 18, 2024
Ex-Goodwin Partner Now PE Vice Chair At Paul Hastings
Paul Hastings LLP announced Monday that they are adding another private equity attorney from Goodwin Procter LLP, choosing the New York partner to serve as its global vice chair of private equity.
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March 15, 2024
FTC Probing Reddit's AI Licensing Ahead Of IPO
Reddit Inc., which earlier this week announced plans for an estimated $715 million initial public offering, revealed in a U.S. Securities and Exchange Commission filing Friday that the Federal Trade Commission is looking into the company's sale of user-generated content to train artificial intelligence.
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March 15, 2024
Split Texas Justices Leave Contempt Charges Against Nate Paul
The Texas Supreme Court on Friday declined to take up an appeal challenging criminal contempt charges against troubled real estate investor Nate Paul, with dissenting justices arguing that the court would "likely conclude" that Paul's due process rights were violated if it accepted the case.
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March 15, 2024
Apollo Voting Rules Favoring Founders Challenged In Del.
An Apollo Global Management Inc. investor has launched a challenge to board agreements favoring the company's former managing partners in decisions on board and executive committee seats, citing recent Court of Chancery rulings that invalidated similar measures.
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March 15, 2024
PE Has Heightened Appetite For Deals Versus Corporates
Private equity players had a greater appetite for large deals compared to their corporate counterparts moving into 2024, and they also anticipated hashing out a higher number of them, according to a report from software company SS&C Intralinks.
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March 15, 2024
Morgan Lewis Adds 3 Perkins Coie Attys To Investment Team
Global firm Morgan Lewis & Bockius LLP announced Friday that it has hired three ex-Perkins Coie LLP attorneys, including one of its practice group co-chairs, to strengthen its investment management team.
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March 15, 2024
Trade Secret Cases Are Up As Clients Eye Patent Alternatives
Trade secret litigation has seen a gradual increase over the past decade, driven by the promise of substantial damages awards, a new federal law, and frustration over the challenges of patent litigation, according to intellectual property attorneys.
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March 15, 2024
Atty Joins Kirkland's Investment Practice From Fried Frank
Kirkland & Ellis LLP has hired a Fried Frank Harris Shriver & Jacobson LLP partner who until now has spent his entire legal career with the firm, Kirkland announced Thursday.
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March 15, 2024
Kirkland-Led Co. Sells Data Center Biz To PE Firm For $575M
Real estate investment company Digital 9 Infrastructure said Friday that it has sold its entire stake in data center company Verne Global for up to $575 million to private equity firm Ardian France SA in a move to strengthen its financial position.
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March 22, 2024
Charles Russell Speechlys Hires Ex-Burges Salmon Funds Pro
Charles Russell Speechlys LLP has recruited a former head of private investment funds at Burges Salmon LLP in a bid to build out its profile in the market.
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March 14, 2024
PE Firm Says NY Court Can Help Resolve $142M Award Fight
A private equity firm has urged a New York federal court to exercise its jurisdiction over two paintings held by Christie's auction house, including one by Andy Warhol, as the firm looks to seize them to satisfy $142 million in arbitral awards against a Chinese restaurateur.
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March 14, 2024
PE Firm Riverspan Agrees To Pay $32M For Barretts' Assets
Barretts Minerals Inc. told a Texas bankruptcy court Thursday that a unit of private equity firm Riverspan Partners had won an auction for its assets with a $32 million cash offer, money that the talc-mining company intends to use to fund a settlement trust for alleged victims of asbestos exposure.
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March 14, 2024
Near Intelligence's Ch. 11 Plan Gets Court's Approval
A Delaware bankruptcy judge on Thursday confirmed consumer data platform Near Intelligence's Chapter 11 plan, which went through without objection after negotiations resolved outstanding concerns.
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March 14, 2024
Food Delivery App Can't Beat Investor Suit Over SPAC Deal
A New York federal judge has trimmed a suit against Grab Holdings Ltd., a company that operates mobile food delivery and ride-hailing services, but retained allegations that several sections of a proxy statement Grab filed with a special-purpose acquisition company were false and misleading.
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March 14, 2024
PE-Backed Latin American Healthcare Firm Prices $420M IPO
Private equity-backed Latin American hospital operator Auna SA on Thursday set a price range on an estimated $420 million U.S. initial public offering, with plans to use the proceeds to repay debt and financing agreements.
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March 14, 2024
Chancery Concedes Appraisal Math Error In HBK Share Award
Delaware's Court of Chancery has issued a rare post-merger appraisal ruling correction, adding $6.1 million to an earlier post-deal valuation of Pivotal Software Inc. shares held by two HBK Capital Management affiliates at the time of Pivotal's $2.7 billion sale to VMWare Inc. in 2019.
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March 14, 2024
Deals Rumor Mill: Trump-Musk, Icahn-Illumina, Paramount
Donald Trump asked Elon Musk to buy Truth Social, Carl Icahn drops latest Illumina board Challenge but presses on with lawsuit, and PE firm Apollo is still eyeing Paramount. Here, Law360 breaks down the notable deal rumors from the past week.
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March 14, 2024
KKR Lobs €2.8B Takeover Bid At German Energy Biz
Private equity giant KKR on Thursday lobbed a €2.8 billion ($3.05 billion) takeover bid at German renewable energy platform and independent power producer Encavis AG in a deal built by at least five firms that is aimed at strengthening Germany's energy future and supports the renewable energy transition in Europe.
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March 14, 2024
Jones Day, Cooley Steer AstraZeneca's $1B Bid For Amolyt
AstraZeneca said Thursday that it has agreed to acquire Amolyt Pharma, a clinical stage biotechnology company, in a deal worth up to $1.05 billion to expand its late-stage rare disease pipeline in an acquisition guided by Jones Day and Cooley LLP.
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March 14, 2024
UK Law Change Threatens PE Firm's Newspaper Group Bid
The government has set out rule changes that would prevent foreign states from owning British newspapers and other print media, a move that could block the takeover of The Daily Telegraph newspaper and The Spectator news magazine by RedBird IMI, an Abu Dhabi-backed private equity firm.
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March 13, 2024
Ex-SEC Economists Urge 5th Circ. To Fix Short-Selling Rules
A group of former chief economists at the U.S. Securities and Exchange Commission are supporting a request that the Fifth Circuit intervene and "correct" a pair of recent agency rules intended to bring transparency to the short-selling market, arguing that contradictions in the rules threaten to undermine public confidence in the regulator.
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March 13, 2024
Juul Investor Tells Chancery: 'We Were Trying To Help'
A director of Juul Labs Inc. denied on Wednesday that he kept the company out of bankruptcy in 2022 to profit from his own investments, telling Delaware's Chancery Court that he helped Juul refinance and backstopped millions worth of settlements because he wanted the e-cigarette company to succeed.
Expert Analysis
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Key Drivers Behind Widespread Adoption Of NAV Financing
While net asset value-based lending has existed for years, NAV lending has only started to move into the mainstream recently — likely due to difficult market conditions faced by sponsors including persistent inflation, high interest rates and a lack of exit opportunities, say Matthew Kerfoot and Jinyoung Joo at Proskauer.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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Keys To Robust AML Programs At Private Funds
Attorneys at Lowenstein Sandler explain why hedge funds, private equity funds and venture capital funds should develop risk-based anti-money laundering compliance programs despite not being subject to the Bank Secrecy Act, and offer tips on setting up a program similar to those implemented by financial institutions.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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How US Investment Regulation May Shift Under Biden Order
Attorneys at Ropes & Gray explore potential prohibitions, notification requirements and covered transactions under President Joe Biden's recent executive order, which marks an unprecedented expansion of U.S. regulation of investment activity.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Leveraged Finance Market May Rebound After Cruel Summer
It has been a challenging summer for the leveraged finance market due to the economic climate and tight credit conditions, but cooling inflation and signs of life in the syndicated loan market suggest brighter days ahead, say attorneys at Weil.
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FTC's Proposed HSR Changes Will Complicate Merger Filings
Attorneys at Mayer Brown explore the proposed sweeping revisions to Hart-Scott-Rodino Act premerger notification rules and what the change would mean for deal terms, including the increased cost, uncertainty and risk added to the process.
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Tax Court Ruling Provides Helpful Profits Interest Guidance
A recent U.S. Tax Court decision holding that a partnership may exclude interests in a company that it indirectly received sheds light on related IRS guidance, including the proper valuation method for such interests, though the court's application of the method to the facts of this case appears flawed, say attorneys at Kramer Levin.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Private Equity Dry Powder Will Likely Spur M&A Opportunities
Despite economic uncertainty and recent headwinds, pent-up dry powder left uninvested by private equity firms may translate into pressure to invest capital and maintain high returns, possibly leading to M&A growth in the second half of the year, say attorneys at Norton Rose.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How SEC Money Market Fund Reform Diverges From Proposal
The U.S. Securities and Exchange Commission's final amendments to a rule that governs money market funds include several differences from the proposed rule, namely the elimination of swing pricing, the imposition of a new liquidity fee framework, and certain regulatory reporting requirements, say attorneys at K&L Gates.