Private Equity

  • March 13, 2018

    EPA Lets Bankrupt Pa. Refiner Slide On Biofuel Payments

    Philadelphia Energy Solutions LLC, the Northeast’s largest remaining refinery complex, scored a big win in its Delaware bankruptcy proceedings Monday with a settlement that allows the company to avoid paying tens of millions it owes under a U.S. Environmental Protection Agency renewable fuels program.

  • March 13, 2018

    Daily Mail Owner Nabs $205M In Sale Of Real Estate Data Biz

    Media conglomerate Daily Mail and General Trust has agreed to sell its real estate data and software business to technology-focused investment firms Silver Lake and Battery Ventures for $205 million, the company said Tuesday.

  • March 12, 2018

    SEC Commissioner Blasts 'Fiction' About In-House Judge Bias

    One of the newest members of the U.S. Securities and Exchange Commission on Friday defended the integrity of the agency’s in-house court, blasting what he called “fiction masquerading as data” right as the U.S. Supreme Court is set to consider the constitutionality of the forum.

  • March 12, 2018

    Tilton Takes Zohar Funds Into Ch. 11 To Resolve Litigation

    With battles over her distressed investment empire's control and debts raging in multiple courts, Lynn Tilton steered her Zohar funds into filing for bankruptcy on Sunday to remove a "cloud of litigation" and unlock value in the companies that comprise the funds' underlying portfolio.

  • March 12, 2018

    $15B Student Loan Funds Group Sues For Control, Damages

    A $15 billion fleet of student loan trusts asked Delaware’s Chancery Court on Friday to bar new lawsuits against its 800,000 borrowers and award damages for costs incurred after key trust administrators and servicers allegedly hijacked and mismanaged the business.

  • March 12, 2018

    Judge Rejects Breitburn Ch. 11 Plan But Gives Path Forward

    Breitburn Energy Partners LP moved closer to exiting bankruptcy on Monday following a recent stumble, after the debtor pledged to quickly correct a hard-fought Chapter 11 plan that was narrowly shot down by a New York bankruptcy court just days before.

  • March 12, 2018

    Deals Rumor Mill: Abertis, Air India, Paper Excellence

    Atlantia and ACS, Actividades de Construcción y Servicios SA are reportedly nearing a deal to run toll road manager Abertis together, a trio of airline giants are eying an offer for Air India, and Paper Excellence made a bid for Brazilian pulp and paper company Fibria Celulose SA.

  • March 12, 2018

    VC-Backed File Storage Giant Dropbox Launches $612M IPO

    File storage giant Dropbox Inc. launched an initial public offering on Monday that is estimated to raise $612 million, kicking off a closely watched IPO by one of Silicon Valley's elite venture-backed companies.

  • March 12, 2018

    How PE Funds Can Handle LPs Wary Of Weapon Investments

    In the wake of last month’s tragic school shooting in Florida, private equity fund managers are being forced to grapple with the fact that many limited partners have an aversion to investing in gun manufacturers and other weaponry-related businesses, but the legal side of including provisions stipulating that certain investments are out of bounds can be tricky.

  • March 12, 2018

    European PE Shop Equistone Partners Clinches €2.8B Fund

    Private equity firm Equistone Partners Europe Ltd. has clinched its latest investment vehicle after collecting €2.8 billion ($3.45 billion) from limited partners, according to a Monday statement.

  • March 12, 2018

    Clorox Swallows Vitamin Maker In $700M Deal

    A Florida-based private equity-owned health and wellness company that makes and sells vitamins in stores and online has agreed to be purchased by the Clorox Co. for $700 million, the company said Monday.

  • March 9, 2018

    Why The ‘Blue Slip’ Battles Are Becoming White Hot

    It’s more of a norm than a rule. Its use has shifted over time, often with political winds. But the once-obscure Senate tradition is now front and center in the boiling debate over the future of the judiciary.

  • March 9, 2018

    Senior Judges Fill The Void Left By Rampant Vacancies

    More federal judges are skipping the golf course to head back to the courtroom upon taking senior status, and they're playing an increasingly vital role in a strained system.

  • March 9, 2018

    How Far Right Can The President Pull The Courts?

    Although President Donald Trump set a record with the number of circuit judges he named during his first year, experts say that's not the whole story. Here’s our data-driven look at what the White House faces in its quest to reshape the appeals courts.

  • March 9, 2018

    Film Co. RKA's Suit Against Relativity Media Affiliates Flops

     A New York state judge on Thursday tossed a $110 million suit against people and companies tied to Relativity Media LLC who were accused of defrauding lender RKA Film Financing, saying the suit was “plagued” by a lack of detail.

  • March 9, 2018

    Mars Unit Launches $100M Fund For Pet Care Startup Org.

    Mars Inc.’s pet food and pet products arm said Friday it will launch a $100 million venture capital fund as part of a recently announced program to help accelerate growth and provide guidance to pet care industry startup companies.

  • March 9, 2018

    Deals Rumor Mill: Broadcom, Intel, GE

    Broadcom has reportedly been ordered to give the U.S. five days’ notice of plans to relocate stateside, Intel is considering a range of deal options, and General Electric is mulling a sale of its electrical engineering unit.

  • March 9, 2018

    3 Firms To Guide IPOs Totaling $286M, Led By 'Unicorn'

    Three firms will steer initial public offerings projected to raise about $286 million during the week of March 12, representing life sciences, banking and technology companies, including the year’s first “unicorn” IPO, potentially igniting a busier season for deals.

  • March 9, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a BMW plant lodge a commercial fraud claim against Barclays, another dispute between Barents Re and Petróleos de Venezuela's captive insurer and AXA take on a rival private health insurer.

  • March 9, 2018

    Taxation With Representation: Wachtell, Skadden, Baker

    In this week’s Taxation with Representation, Cigna bought Express Scripts for $67 billion, GTCR LLC and Sycamore Partners took CommerceHub private in a $1.1 billion deal and AXA Group acquired XL Group Ltd. for $15.3 billion.

Expert Analysis

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • How Notice 2018-13 Frames Foreign Earnings Transition Tax

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    On Jan. 19, the U.S. Department of the Treasury and the IRS issued Notice 2018-13, elaborating on previous guidance about the Tax Cuts and Jobs Act’s new deemed repatriation provision. The notice also describes the agencies' intent to issue updated Form 5471 instructions, which will introduce an important — and much needed — limitation to filing requirements following the repeal of Section 958(b)(4), say attorneys at Morgan Lewis & Bockius LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • The Allure And Pitfalls Of Earnouts: Part 2

    Gail Weinstein

    Given the prevalence of earnout disputes in M&A, a dispute resolution mechanism that deters litigation should be included in the acquisition agreement. The Delaware courts will not intervene in post-closing disputes, including over earnout payments, when an agreement provides a mechanism for an alternative dispute resolution, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Under New Tax Law, Time Is Running Out For Ponzi Victims

    Kevin Diamond

    Counsel representing victims of Ponzi schemes should note that the Tax Cuts and Jobs Act eliminates the theft tax loss provisions of the Internal Revenue Code for tax years after 2017. The time to act is now, before this important tax benefit goes away, says Kevin Diamond of Rico Murphy & Diamond LLP.

  • The New Limited Interest Deduction: Good For Business?

    Jennifer Tolsky

    The Tax Cuts and Jobs Act purports to lower taxes and simplify the Internal Revenue Code, but the new limitation on the deductibility of business interest seems contrary to this objective. This change will certainly cause many businesses to pause and consider whether debt financing is the best option for them, says Jennifer Tolsky of Gould & Ratner LLP.