Private Equity

  • June 27, 2017

    Bankrupt Payless Expands Store Closure Plans, Again

    Payless Holdings LLC received permission Tuesday in Missouri bankruptcy court to embark on a third round of store closures, paving the way for the closure tally to approach 700.

  • June 27, 2017

    Gorsuch And Thomas Becoming Fast Friends At High Court

    In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.

  • June 27, 2017

    Cloudflare Launches Apps Platform, $100M Developer Fund

    Internet security and services company Cloudflare Inc. said Tuesday that it has launched a new application development platform and a $100 million fund backed by venture capital investors to help startups begin building on the system.

  • June 27, 2017

    Venture Capitalist Gets 41 Months For $3M CrossFit Fraud

     A New Jersey federal judge sentenced a New York venture capitalist to 41 months in prison and ordered him to pay $3.1 million in restitution after he pled guilty to wire fraud for scheming investors in CrossFit businesses out of more $3 million, federal prosecutors announced Tuesday.

  • June 27, 2017

    Kortright Misrepresentation Claim Stands Against Investcorp

    A Manhattan federal judge on Tuesday let stand a negligent misrepresentation claim in asset manager Kortright Capital Partners LP's $100 million lawsuit against estranged strategic partner Investcorp Investment Advisers Ltd. over an investor pullout that allegedly tripped up a separate deal and destroyed the plaintiff's business.

  • June 27, 2017

    5 High Court Concurrences That Read Like Dissents

    “Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.

  • June 27, 2017

    The Sharpest Dissents From This Supreme Court Term

    While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.

  • June 27, 2017

    Deals Rumor Mill: Sprint, Stada, Sovcomflot

    Sprint may be joining a partnership between Comcast and Charter to boost their wireless offerings, Bain Capital and Cinven may make another bid to buy Stada after the duo's €5.3 billion offer did not get approved, and Russia's largest shipping company will be taken private next month.

  • June 27, 2017

    Cybersecurity Firm Trend Micro Launches $100M Fund

    Japanese cybersecurity firm Trend Micro Inc. has launched a $100 million venture fund to invest in emerging technologies including the internet of things, saying that insights it gains through the investments will influence its planning strategy across the company.

  • June 27, 2017

    Western Digital Again Makes PE-Backed Toshiba Memory Bid

    Western Digital on Tuesday revealed it again made a competing, private equity-backed bid for Toshiba’s memory business, a day after the California-based company slammed a preferred consortium’s 2 trillion yen ($17.9 billion) offer for the inclusion of a rival chipmaker.

  • June 27, 2017

    LondonMetric Sells Office Property To Kildare For $88M

    LondonMetric Property PLC has sold an office property outside of London for £68.5 million ($87.7 million) to private equity shop Kildare Partners, according to an announcement on Tuesday from LondonMetric.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

  • June 26, 2017

    4 Cos. Bolster IPO Pipeline With Filings Totaling $296M

    Four companies represented by four law firms filed initial public offerings totaling $296 million on Friday, including a yoga studio owner, a pet health products company and two biotechnology firms, bolstering an IPO pipeline that is heating up at the onset of summer.

  • June 26, 2017

    Cravath Guides Martin Marietta In $1.625B Bluegrass Buy

    Martin Marietta, led by Cravath Swaine & Moore LLP, will buy private equity-backed Bluegrass Materials for $1.625 billion in cash, paving the way for a deal expected to strengthen the building materials supplier’s existing footprint and position it for future growth, according to a Monday statement.

  • June 26, 2017

    Russian Billionaire Buys UK Health Giant For $2.26 Billion

    An investment company owned by a Russian billionaire has purchased Britain’s largest health and wellness chain for £1.77 billion ($2.26 billion).

  • June 26, 2017

    Deals Rumor Mill: Landis & Gyr, Vapiano, Telefonica

    Two suitors remain in the battle to buy Swiss power meter manufacturer Landis & Gyr, Germany-based restaurant chain Vapiano could raise up to €184 million in an IPO this week, and Telefonica is mulling a flotation of its Argentine business.

  • June 26, 2017

    Western Digital Slams Consortium Behind $17.9B Toshiba Bid

    Western Digital confirmed Monday it will not approve the anticipated 2 trillion yen ($17.9 billion) sale of Toshiba’s memory business, saying it has “very serious concerns” about the lack of transparency surrounding the inclusion of a rival chipmaker in the private-equity-and-government-backed consortium.

  • June 26, 2017

    Divergence In Materiality Tests Narrower Than It May Seem

    Although the Second Circuit last week used strong language when it rejected a First Circuit test for assessing the materiality of certain financial information omitted from company registration statements, experts say the alternative laid out by the court sets an equally high bar for IPO investor suits.

Expert Analysis

  • Solving The Privilege-Penalty Predicament: Part 2

    Brian Kittle

    The U.S. Tax Court in AD Investment held that partnerships that asserted penalty defenses waived attorney-client privilege. This ruling has had a major impact on tax compliance and tax litigation fairness. But a procedural solution can balance fairness to the IRS with fairness to the taxpayer, and fulfill Congress' intent to use penalties to encourage voluntary compliance, say attorneys with Mayer Brown LLP.

  • Rules Of The Road For Accessing Capital In Europe

    Peter Astleford

    Despite the advances of the European single market, there remains a confusing combination of EU and nation-specific rules governing the sale of fund products in Europe. Attorneys with Dechert LLP answer some commonly asked questions and explain how to sell alternative investment funds in the European Economic Area.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • A Buyer’s Guide To Carelessly Losing Indemnification Rights

    Craig Godshall

    The recent case of Davis v. EMSI Holding reminds us that basic Delaware law can defeat even the most well-crafted indemnification arrangements in a private company stock acquisition, says Craig Godshall of Dechert LLP.

  • Solving The Privilege-Penalty Predicament: Part 1

    Brian Kittle

    In AD Investment, the U.S. Tax Court held that by asserting penalty defenses, two partnerships waived the attorney-client privilege. But the decision is at odds with the fundamental purposes of penalties and privilege, allows the IRS to litigate on “wits borrowed from its adversary,” and encourages it to use penalties as a bargaining chip, say attorneys with Mayer Brown LLP.

  • 2 Diverging Standards On Disclosing Interim Financial Info

    Kevin LaCroix

    With the Second Circuit's opinion in Stadnick v. Vivint Solar, we now have a situation where two federal appellate courts have promulgated differing standards to determine when companies making initial public offerings must disclose interim financial information. The question is whether we have a “split between the circuits” of the kind that might attract the attention of the U.S. Supreme Court, says Kevin LaCroix of RT ProExec.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • A Delaware Case With Lessons For VC Firms And Founders

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    In a case of first impression, the Delaware Chancery Court recently rejected a venture capital firm’s effort to ratify an amendment to a company’s charter that would have forced its founder out of the company. Nguyen v. View highlights the need for both sides to carefully negotiate the voting agreements that establish parties’ roles in guiding the future of a company, say Matthew Rifino and Philip Amoa of McCarter & English LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.