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Private Equity
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April 24, 2024
MassMutual Plugs Billions Into Apollo-Backed Atlas SP
Private equity giant Apollo, led by Paul Weiss Rifkind Wharton & Garrison LLP, on Wednesday announced that Simpson Thacher & Bartlett LLP-led insurance company MassMutual has become the newest minority equity owner of its Atlas SP Partners after a multibillion-dollar investment.
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April 24, 2024
Ex-Kirkland M&A Atty Joins Greenberg Traurig In Chicago
Greenberg Traurig LLP has announced the hiring of a former Kirkland & Ellis LLP attorney in Chicago as the latest shareholder in its mergers and acquisitions and private equity practices.
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April 24, 2024
PRA Asks Banks To Review Private Equity Exposure
The Prudential Regulation Authority asked banks to review and assess their current practices to ensure they align with the regulator's expectations for effective risk management concerning private equity-linked credit and counterparty exposures.
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April 24, 2024
Baker McKenzie Adds 17-Atty Deals Team From Munger Tolles
A team of 11 transactional partners and six associates in Los Angeles is heading to Baker McKenzie from Munger Tolles & Olson LLP, according to an announcement Wednesday.
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April 23, 2024
Grain Co.'s $18B Deal Raises Competition Flags For Canada
Canada's competition enforcer said Tuesday it has concerns over grain and seed supplier Bunge Ltd.'s plan to buy global grain trader Viterra Ltd. in an $18 billion deal, saying the acquisition could result in lower prices paid to farmers and higher prices for refined canola oil.
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April 23, 2024
Trump's Stake In Truth Social Swells An Additional $1.2B
The value of Donald Trump's stake in his newly public social media company soared by nearly $1.2 billion on Tuesday as the former president became eligible to receive bonus shares that were conditioned on the company's stock performance.
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April 23, 2024
3 Firms Help Vestar Capital Close $1.2B Continuation Fund
Middle-market private equity shop Vestar Capital Partners, advised by Kirkland & Ellis LLP, on Tuesday said that it raised $1.2 billion for its single-asset continuation vehicle before closing, which will be used to continue the firm's stake in market research company Circana.
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April 23, 2024
PE Giant Faces Sanctions Bid For Mexico Corruption Claim
Advent International Corp. and its counsel at Ropes & Gray and Quinn Emanuel allegedly fabricated claims that a Mexican corporation's lawyers corruptly influenced prosecutors and judges in the country to freeze the private equity firm's assets and issue arrest warrants for executives, according to a filing in Massachusetts federal court.
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April 23, 2024
Terminated Sale Of NBA's T-Wolves Looks Like A Power Play
The canceled $1.5 billion sale of the NBA's Minnesota Timberwolves to a group featuring Alex Rodriguez can be attributed, in part, to explosive growth in team valuations over the last three years, but just as large a factor is the owner's hesitance to surrender the power inherent in major franchise ownership, legal experts say.
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April 23, 2024
KKR Pushes Smart Metering Investors To Accept £1.3B Bid
Private equity giant KKR on Tuesday urged the shareholders of British energy infrastructure company Smart Metering who have not yet accepted its £1.3 billion ($1.6 billion) takeover offer to submit their shares by May 7.
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April 23, 2024
Paul Hastings Adds Private Equity Team At New Boston Office
Paul Hastings LLP has expanded into Boston, the firm announced Tuesday, establishing its new Beantown foothold with the help of a seasoned private equity buyout team headed up by a former Sidley Austin LLP partner, the firm's latest move to strengthen its growing global private equity platform.
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April 22, 2024
DOJ Antitrust Concerns Topple $960M Insulation Biz Merger
Insulation and building material provider TopBuild Corp. said Monday it has terminated its $960 million agreement to buy mechanical insulation provider Specialty Products & Insulation from private equity firm Incline Equity Partners, saying it was unable to reach a deal with the U.S. Department of Justice over antitrust concerns.
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April 22, 2024
PacWest Wants Suit Over Alleged Rate Hike Exposure Axed
PacWest Bancorp has urged a California federal judge to toss a proposed class action from an investor who alleges the California regional bank ignored warning signs posed by last year's collapse of Silicon Valley Bank, saying the fact that it did not anticipate the "unprecedented turmoil in the banking industry" is not a violation of federal securities laws.
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April 22, 2024
Freshfields-Led CVC Unveils Range On $1.7B Amsterdam IPO
European private equity giant CVC Capital Partners PLC, represented by Freshfields Bruckhaus Deringer LLP, on Monday set a price range on initial public offering estimated to raise about €1.6 billion ($1.7 billion), mostly benefiting selling shareholders.
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April 22, 2024
Agiliti Faces Another Chancery Suit Over $2.5B Squeeze-Out
A shareholder of Agiliti sued the medical equipment management company Monday in Delaware's Chancery Court for more details surrounding events leading up to an impending $2.5 billion squeeze-out merger with an affiliate of Thomas H. Lee Partners, its largest and controlling stockholder, echoing a similar lawsuit filed in late March.
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April 22, 2024
Vista Outdoors Nudges MNC Capital To Bolster $3B Bid
Vista Outdoor Inc. on Monday urged investment firm MNC Capital to increase its prior $3 billion buyout offer, as Vista weighs MNC's proposals against an already inked merger agreement to sell its ammunition brands off to Czechoslovak Group.
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April 22, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.
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April 22, 2024
PE-Backed Cruise Operator Viking Sets Sights On $1B IPO
Private equity-backed cruise operator Viking Holdings Ltd. on Monday set a price range on an estimated $1 billion initial public offering, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters counsel Latham & Watkins LLP, marking the latest test of the IPO market's nascent recovery.
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April 22, 2024
Latham-Led GEF Capital Closes $325M Climate-Focused Fund
Latham & Watkins LLP-advised climate change- and pollution mitigation-focused private equity firm GEF Capital Partners on Monday announced that it clinched its second climate solutions fund above target with $325 million in tow.
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April 19, 2024
Jane Street Denied TRO In Trade Theft Suit Against Millennium
A New York federal judge on Friday refused Jane Street Group LLC's bid for an emergency order after the trading firm accused rival Millennium Management LLC and two former employees of stealing and misappropriating a confidential trading strategy.
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April 19, 2024
Ill. Judge Accepts 3rd Try To Allege Fraud Against Boeing
An investment fund leveling allegations of fraud against Boeing managed to convince an Illinois state court judge on its third attempt that the aircraft maker may have inflated stock values by purportedly covering up safety issues with its 737 Max airplanes.
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April 19, 2024
PE Exec Can Recoup $1M 'Varsity Blues' Forfeiture
A private equity executive whose conviction in the "Varsity Blues" college admissions case was almost entirely wiped out by the First Circuit is entitled to a refund of $1 million he paid to the scheme's ringleader, a federal judge ruled Friday.
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April 19, 2024
Trump Media CEO Fears Illegal Short Selling Is Harming Stock
The chief executive of the company that owns Donald Trump's Truth Social platform wants Nasdaq's help in determining whether manipulation stemming from illegal short selling is harming the company's stock price, according to a securities filing on Friday.
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April 19, 2024
Casino SPAC Can Return Money, Not Shares, Chancery Rules
Stockholders in a blank-check company that failed to merge with a Philippines-based casino are entitled to a distribution from $37.5 million sitting in trust, but the company may not redeem any shares until an investor's Delaware lawsuit plays out, a Chancery Court vice chancellor said Friday.
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April 19, 2024
AI Co. Founder Faces SEC Suit After Fraud Charges
The fugitive founder of a purported artificial intelligence startup was sued Friday by the U.S. Securities and Exchange Commission over an alleged $2.8 million scheme to defraud investors.
Expert Analysis
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Private Capital Considerations Amid Market Revival
As improved market conditions position traditional financing to regain lost market share, it's also worth considering the pace and structure of private credit and other forms of private capital, especially when seeking to set unique terms or build new corporate relationships, say attorneys at Skadden.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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A Look At Recent Challenges To SEC's Settlement 'Gag Rule'
Though they have been unsuccessful so far, opponents of the U.S. Securities and Exchange Commission's so-called gag rule, which prevents defendants from denying allegations when settling with the SEC, are becoming increasingly vocal and filing more challenges in recent years, say Mike Blankenship and Regina Maze at Winston & Strawn.
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Flexibility Is Key In Hybrid Capital Investment Strategies
Flexible or hybrid capital funds have become a solution for some owners adverse to private debt or requiring short-term capital support not otherwise available in the market, but the complexity and possible range of structures available means that principals need to consider how they may work in different scenarios and outcomes, says Daniel Mathias at Cohen Gresser.
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Planning For Healthcare-Private Equity Antitrust Enforcement
U.S. antitrust agency developments could mean potential enforcement actions on healthcare-related acquisitions by private equity funds are on the way, and entities operating in this space should follow a series of practice tips, including early assessment of antitrust risks on both the state and federal level, say Ryan Quillian and John Kendrick at Covington.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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2nd Circ. Adviser Liability Ruling May Shape SEC Enforcement
The Second Circuit’s recent decision in U.S. Securities and Exchange Commission v. Rashid, applying basic negligence principles to reverse a finding of investment adviser liability, provides a road map for future fraud enforcement proceedings, says Elisha Kobre at Bradley Arant.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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An Overview Of Key Financing Documents In Venture Capital
The Delaware Chancery Court’s recent Moelis decision highlights the importance of structuring corporate governance around investor demand, meaning early-stage companies seeking venture funding through sales of preferred stock should understand the legal documents needed to do so successfully, say Daniel Bell-Garcia and Tristan Kaisharis at Winstead.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Why Oncology Deal Making Continues To Fuel Biotech M&A
The biotech sector's potential for advancements in cancer care continues to attract deal-maker interest, and the keys to successful mergers and acquisitions include the ability to integrate innovative therapies, leverage technological advancements and respond to the dynamic needs of patients, say Bryan Luchs and Mike Weir at White & Case.
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How New SEC Rule May Turn DeFi Participants Into 'Dealers'
The U.S. Securities and Exchange Commission recently announced a new rule to amend its definition of a securities "dealer," but the change could have concerning implications for decentralized finance and blockchain, as the SEC has suggested it may subject DeFi participants to registration requirements and other regulations, say attorneys at DLA Piper.