Obtaining Advance Waivers In PE Transactions

Law360, New York (March 18, 2010, 11:21 AM EDT) -- Consider the following hypothetical situation:

You work for a private equity firm (PE Firm), and sit on several boards of directors of portfolio companies as a representative of your firm, including one that is in the health care field (Company HC). You are approached during a cocktail party by an acquaintance who knows that you work for a private equity firm that makes investments in health care-related companies.

Your acquaintance’s business (Company T) is in the health care industry, and as it so happens, your acquaintance...
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