Private Equity

  • November 01, 2022

    Polsinelli Names New Business Department Co-Chairs

    Polsinelli PC announced Tuesday that it has appointed two leaders for the firm's business department, replacing outgoing chair Frank Ross Jr., who has led the department for almost two and half decades.

  • November 01, 2022

    6 Firms Guide $10.9B Deal To Take Atlas Corp. Private

    Asset management giant Atlas Corp. said Tuesday it is being taken private by a group of its shareholders in a deal guided by six law firms that values the company at almost $10.9 billion.

  • November 01, 2022

    Perkins Coie Brings On Emerging Companies Boutique In NYC

    Seattle-based Perkins Coie is launching an emerging companies and venture capital practice in New York with the addition of 12 lawyers and six business professionals who make up boutique law firm Kluk Farber Law PLLC, the firm announced Tuesday.

  • October 31, 2022

    Dem Senator Calls For CFIUS Probe Of Saudi Twitter Stake

    A Democratic U.S. senator called on the Committee on Foreign Investment in the United States to investigate the national security implications of Saudi Arabia's stake in Twitter on Monday, just days after Elon Musk completed his acquisition of the social media giant in a $44 billion, $54.20-per-share deal.

  • October 31, 2022

    Tylenol Suit Can't Survive 'Fatal' 3rd Circ. Law, J&J Says

    A Johnson & Johnson unit said Monday that "fatal Third Circuit law" dooms class claims brought in New Jersey federal court by California consumers alleging it falsely marketed its "rapid release" Tylenol gelcaps, brushing aside their attempt to apply Golden State law and Ninth Circuit precedent.

  • October 31, 2022

    Thermo Fisher Buys Diagnostic Products Firm In $2.6B Deal

    Thermo Fisher Scientific Inc. will purchase The Binding Site Group, a specialty diagnostic products firm, from a shareholder group led by European private equity firm Nordic Capital, in an all-cash deal valued at £2.25 billion ($2.58 billion), the companies announced Monday in separate statements.

  • October 31, 2022

    Catching Up With Delaware's Chancery Court

    Last week marked the beginning of the end of Elon Musk's Chancery Court dispute with social media giant Twitter — just in time for the court to hear new board disputes at DocuSign and Masimo Corp. and stockholder merger challenges against EVO Payments Inc. and Pzena Investment Management.

  • October 31, 2022

    CFPB, Payday Lender Get Stay In Wake Of 5th Circ. Decision

    The Consumer Financial Protection Bureau and a payday lender battling an enforcement action from the agency have called a truce in Texas federal court in light of the Fifth Circuit's recent decision holding that the agency is unconstitutionally funded.

  • October 31, 2022

    Real Estate Rumors: Chapmans, Gaw Capital, Stephen Way

    Tom and Ruth Chapman have reportedly sold a Beverly Hills estate for $35 million, Gaw Capital Partners is said to be close to a deal to buy seven warehouses from Blackstone for roughly $540 million, and Stephen Way is said to have sold a Houston home for a record $21 million.

  • October 31, 2022

    5 Firms Steer Go-Public Mergers For Taxi App, Biotech Firm

    A taxi fleet operator and an inflammatory-disease-focused biotechnology company announced plans on Monday to raise cash and go public through two mergers with two special purpose acquisition companies, under the combined guidance of five law firms.

  • October 31, 2022

    Blackstone Buys Majority Stake In $14B Emerson Climate Biz

    Private equity giant Blackstone Inc., led by Simpson Thacher & Bartlett LLP, will buy a majority stake in the $14 billion-valued climate technologies portion of the Emerson Electric Co., guided by Davis Polk & Wardwell LLP, the companies announced Monday.

  • October 31, 2022

    High Times Buyer Says Shareholder Lied About Ex-CEO's Suit

    The owners of High Times magazine are suing a former majority shareholder of the magazine's parent company, saying that she lied about litigation with a former executive during negotiations to buy out that parent company in 2016, costing the new owners $10 million.

  • October 31, 2022

    Icertis Lands $150M In Debt Financing Amid Market Slowdown

    Contract lifecycle management giant Icertis Inc. found a way to get new funding as competitors struggle to do the same, with $150 million in funding announced on Monday.

  • October 28, 2022

    Musk's Control Of Twitter Comes With Freedom, Drawbacks

    Now that his bid to take Twitter Inc. private is complete, Elon Musk will enjoy vast freedoms to push his vision for the social media giant outside the immediate glare of public markets, although the transition will also result in less transparency for the broader population.

  • October 28, 2022

    SPAC Needs More Time For Merger With Semiconductor Firm

    Vision Sensing Acquisition Corp., a special-purpose acquisition company, announced on Friday that its sponsor, Vision Sensing LLC, requested an extension of the amount of time it has to complete its merger with Israeli semiconductor firm Newsight Imaging Ltd.

  • October 28, 2022

    Mindbody Investor Attys Get $2.9M In Fees In Take-Private Suit

    Labaton Sucharow LLP attorneys representing a proposed class of Mindbody Inc. investors will receive about $2.9 million in fees for their work on a proposed class action, which saw them secure a $9.75 million settlement ending claims the wellness industry company misled the public to depress trading prices for its shares ahead of a 2019 take-private acquisition.

  • October 28, 2022

    Judge Rips 'No-Deny' Deals: 'What Is The SEC So Afraid Of?'

    A Manhattan federal judge on Friday slammed the U.S. Securities and Exchange Commission's frequent use of "no-admit, no-deny" settlements, calling the latter provision an unfair government restraint on speech.

  • October 28, 2022

    Twitter, Del. Both Big Winners In Musk's $44B Buyout Fold

    In the end, tech mogul and Tesla CEO Elon Musk had no way out of his $44 billion deal to buy Twitter Inc. after the social media giant sued to enforce his take-private offer in Delaware's contract-focused Court of Chancery, experts said Friday.

  • October 28, 2022

    Bed Bath & Beyond Readies Potential $150M Share Sale

    Troubled big-box retailer Bed Bath & Beyond, guided by Cleary Gottlieb Steen & Hamilton LLP, said Friday it will offer up to $150 million worth of additional shares, the proceeds of which will be used for general corporate purposes, including rebalancing its assortment and inventory and addressing its debt.

  • October 28, 2022

    Don't Miss It: Morgan Lewis, Skadden Guide Week's Hot Deals

    A lot can happen in the world of mergers and acquisitions over the course of a week, and it's difficult to keep up with all the deals. Here, Law360 recaps the ones you may have missed, including transactions helmed by Morgan Lewis & Bockius LLP and Skadden Arps Slate Meagher & Flom LLP.

  • October 28, 2022

    Midterms Could Sway Capital Markets Agenda In Congress

    The coming midterm elections could shape what kind of capital markets legislation Congress chooses to prioritize, with both parties pushing divergent views on how lawmakers should move forward during a time of aggressive securities regulation.

  • October 28, 2022

    Twitter Pulled From NYSE After Musk Closes $44B Buyout

    Twitter disappeared from the New York Stock Exchange Friday morning, hours after Elon Musk reportedly asserted his control of the business through an overnight jettisoning of top executives immediately after he closed on his $44 billion take-private deal for the social media giant.

  • October 27, 2022

    Musk Reportedly Closes $44B Twitter Deal After 6-Month Saga

    Elon Musk reportedly completed his acquisition of the global megaphone that is Twitter on Thursday, in a $44 billion, $54.20-per-share deal that he celebrated in late April, tried to break off in early July and closed just ahead of Halloween after a costly and bruising Delaware Court of Chancery battle that was racing toward trial.

  • October 27, 2022

    Morgan Lewis Hit With $12M Suit From Investment Firm

    Morgan Lewis & Bockius LLP and one of its former partners have been hit with a professional negligence suit in a New York state court by a business development company that alleges the firm botched a loan deal by relying on outdated documents.

  • October 27, 2022

    Barrack 'Deceived' Kushner In UAE Plot, Jury Is Told

    Brooklyn federal prosecutors began on Thursday to pick apart testimony from Colony Capital founder Thomas Barrack that he never acted as an agent of the United Arab Emirates, suggesting that the former Donald Trump adviser "deceived" the former president's son-in-law Jared Kushner to cement his position of influence.

Expert Analysis

  • Rulings Limiting Federal Agencies May Lead Congress To Act

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    Recent U.S. Supreme Court and Fifth Circuit rulings illustrate the judiciary’s growing skepticism of federal government agencies’ influence, which could prompt Congress to respond by limiting judicial power, says David Coale at Lynn Pinker.

  • Combating Implicit Bias In Alternative Dispute Resolution

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    Alternative dispute resolution requires a high degree of trust and belief that proceedings will be fair, so confronting implicit associations among neutrals through systemic and personal efforts is even more important in the ADR world, say arbitrators and mediators at JAMS.

  • How The Metaverse Will Affect Business And Legal Processes

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    It is time to start thinking about virtual reality's effects on cybersecurity, business dealings, case strategy and more, as the metaverse takes shape and organizations open banks, host law firm offices and create retail strategies digitally, says Samantha Green at Epiq. 

  • Navigating Arbitral Subpoenas In A Post-COVID Landscape

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    Courts’ mixed enforcement during the pandemic of physical presence and territorial requirements for arbitral subpoenas shows that the rules were not built for a virtual world, making it critical for lawyers to understand the possible limitations on third-party evidence, say Emily Kirsch and Craig Tarasoff at Kirsch & Niehaus.

  • Speech Signals Intense DOJ Antitrust Focus On Private Equity

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    The first speech from the new deputy assistant attorney general for the U.S. Department of Justice’s Antitrust Division serves as a warning to private equity investors in the health care sector and beyond — expect longer reviews and less visibility into deal progress, say David Evans and William MacLeod at Kelley Drye.

  • How Lawyers Can Set Ethical Boundaries Post-Pandemic

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    The COVID-19 pandemic and remote work have made it harder for lawyers to leave their problems at the office, so legal professionals must establish and adhere to ethical boundaries in order to combat increasing levels of stress and burnout, says Jennifer Gibbs at Zelle.

  • Sarbanes-Oxley At 20: How It Complicates Musk's Twitter Case

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    Twenty years after the passage of the Sarbanes-Oxley Act, Elon Musk’s impending difficulty proving that Twitter eluded auditor scrutiny and misled the U.S. Securities and Exchange Commission is a perfect case study for how the legislation continues to protect investors from securities fraud today, says James Park at UCLA School of Law.

  • A Lawyer's Guide To Collecting Fees From Nonpaying Clients

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    You've done the work and sent the bill, but haven't been paid. What do you do? Joshua Wurtzel at Schlam Stone offers recommendations on how lawyers — from solo practitioners to BigLaw partners — can avoid leaving significant receivables on the table from clients who have the ability to pay.

  • How Lawyers Can Benefit From TikTok Without Being 'Cringe'

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    TikTok should be on every attorney's radar as a digital branding opportunity, but it's important to understand the app and some best practices before diving in, says Cecillia Xie at Yale University.

  • Must Your Client Pay An Opponent's Expert For Prep Time?

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    For parties seeking discovery from an opponent's expert, the law on compensating the expert for preparation time is not settled, and in certain jurisdictions, there are strong arguments that favor avoiding or at least limiting such fee shifting, say Gregory Ruehlmann and Nicholas Mecsas-Faxon at King & Spalding.

  • Opinion

    Bar Exam Policies On Menstruation Still Fall Short

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    While many states have taken steps to address long-standing and problematic bar exam policies on menstruation and menstrual products, the changes do not go far enough to remove the continued disadvantages menstruating test takers face, highlighting the need for comprehensive and quick action ahead of this month's exams, say law professors Margaret Johnson, Elizabeth Cooper and Marcy Karin.

  • Twitter V. Musk Is Starting To Look Like A Cautionary M&A Tale

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    In filing a lawsuit claiming Elon Musk knowingly signed a one-sided agreement that favored Twitter, the social media giant has opened itself up to renewed scrutiny of its own conduct, a move that may provide lessons for future merger disputes, says Douglas Smith at Aurelius Law.

  • Challenging Times May Be Ahead For Venture Capital Industry

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    Market uncertainties and variation in valuation practices suggest that the venture capital industry may face a potentially tightening regulatory environment and increased litigation ahead, and stakeholders will need to navigate these complexities in a less forgiving market, say Nguyet Nguyen and Julia Zhu at The Brattle Group.

  • Keys To Crafting Hybrid Work Policies At Law Firms

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    As law firms embrace hybrid work as a middle ground in a post-pandemic world, work arrangement policies that are built on a foundation of trust and that prioritize lawyers' autonomy over their schedules will give firms an edge in the war for talent, says Alyson Galusha at VOYlegal.

  • Your AI Program Probably Isn't A Person In A Court Of Law

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    Artificial intelligence developers will likely continue to claim AI programs deserve legal rights, after a former Google engineer recently hired a lawyer for AI he worked on, but courts have traditionally been unreceptive to arguments that nonhumans have legal capacity, says Evan Louis Miller at McManis Faulkner.

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