Private Equity

  • June 22, 2017

    US PE Co. Hits Ex-Formula 1 Boss With UK Bribe Claim

    A U.S. private equity firm has claimed in British court that former Formula One racing boss Bernie Ecclestone bribed a German bank official so that the financial institution would sell its stake in F1 to a competing private equity company, according to U.K. court documents seen by Law360 on Thursday.

  • June 22, 2017

    Synutra Investors Demand Appraisal Of $125M Go-Private Deal

    A trio of Synutra shareholders slapped the Chinese baby formula company with a suit in Delaware Chancery Court Thursday, urging the court to appraise their shares in the company at the time of its private sale to its largest shareholder and force it to pay them appropriately.

  • June 22, 2017

    How PE Attys Can Capitalize On The Rise Of Alt Lenders

    The trend of private equity firms offering alternative financing options for deals has continued full force, and attorneys seeking to get in on the action should educate themselves by studying the current market, understanding the terms of investment vehicles that provide such financing, and reviewing transactions that have successfully employed the practice.

  • June 22, 2017

    Willkie Farr Snags Stroock Fund Formation Atty

    Willkie Farr & Gallagher LLP has nabbed a veteran fund formation attorney who previously chaired the Stroock & Stroock & Lavan LLP private funds group to join the firm’s New York office as a partner in its asset management group.

  • June 22, 2017

    Deals Rumor Mill: China Unicom, Vinci, WhistlePig Whiskey

    China Unicom hopes to raise about $10 billion from investors including Alibaba and Tencent, Vinci is interested in buying a majority stake in a French airport operator that boasts a total value of around €14.3 billion, and WhistlePig Whiskey may be up for sale.

  • June 22, 2017

    Shearman & Sterling Steers Altice's US Unit In $1.9B IPO

    European telecommunications giant Altice NV priced an initial public offering for its U.S. affiliate on Wednesday, raising $1.9 billion for the company and a pair of investors including BC Partners in the second-largest U.S. IPO of the year, guided by Shearman & Sterling LLP.

  • June 22, 2017

    Orrick Steers China’s JD.com On $397M Farfetch Investment

    Orrick-guided JD.com will invest $397 million into U.K.-based online luxury fashion retailer and venture-backed “unicorn” Farfetch, making the Chinese e-commerce company its largest shareholder and forming a strategic partnership aimed at creating a luxury e-commerce platform in China, according to a Thursday announcement. 

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Fresh Market Investors Get Class Cert. In Del. Suit

    A group of The Fresh Market Inc. shareholders received class certification Wednesday in a Delaware state court suit over the company's $1.4 billion acquisition by Apollo Global Management LLC after pushing for a prompt decision on class status.

  • June 21, 2017

    2nd Circ. Says 1st Circ.'s Materiality Test Is Unsound

    The Second Circuit on Wednesday declined to adopt the First Circuit’s standard for assessing the materiality of companies’ alleged omissions in their interim financial information, saying its sister court’s test can be “analytically counterproductive” and unsound.

  • June 21, 2017

    Deals Rumor Mill: Ducati, Ista International, LendLease

    Harley-Davidson has joined the chorus of companies vying for Italy's Ducati, CK Infrastructure is among numerous suitors interested in German smart meter business Ista International, and LendLease hopes to collect around $757 million through a sale of half of its Australia senior housing business.

  • June 21, 2017

    Kirkland Steers True Wind Capital's $140M ARI Acquisition

    True Wind Capital Management LLC called upon legal counsel Kirkland & Ellis LLP as the technology-focused private equity shop inked a $140 million agreement to acquire software tools and marketing services provider ARI Network Services Inc., according to a Wednesday statement.

  • June 21, 2017

    Plaintiffs Bar Perspective: Grant & Eisenhofer's Michael Barry

    Being a plaintiffs lawyer requires you to be entrepreneurial in addition to just being a good lawyer. You need to find and develop the cases, protect your clients’ interests, and always look ahead, says Michael Barry of Grant & Eisenhofer PA.

  • June 21, 2017

    Toshiba Eyes Japanese Gov’t, PE Firm For Memory Biz Sale

    Toshiba on Wednesday picked a buyer group featuring the Japanese government and Bain Capital for the sale of its memory business, a major step forward in a closely watched sales process that has drawn heat from the Japanese company’s joint venture partner.

  • June 20, 2017

    National Events Restructuring Put On Hold Again

    The restructuring of defunct ticket reseller and possible Ponzi scheme vehicle National Events Holdings LLC was again put on pause Tuesday when a New York bankruptcy court concluded there simply wasn’t enough information to make a major ruling in the hopelessly tangled case just yet.

  • June 20, 2017

    Tilton Loses Zohar Doc Fight In Del. High Court Appeal

    The Delaware Supreme Court found late Monday that the Chancery Court correctly decided a document production order in the fight between Patriarch Partners LLC magnate Lynn Tilton and her so-called Zohar funds, and rejected an argument from Patriarch that the funds didn’t perform on a collateral management agreement.

  • June 20, 2017

    Deals Rumor Mill: BMC Software, Cosco, CVC Capital Partners

    BMC Software could acquire peer CA Inc., which is worth around $13.2 billion; Cosco Group is nearing a $4 billion or more deal to buy peer Orient Overseas Container Line; and CVC Capital hopes to sell a European food business for at least €1 billion.

  • June 20, 2017

    Nestlé Leads $77M Funding Round For Freshly

    Food giant Nestlé USA Inc. said Tuesday it is taking a minority interest in New York-based Freshly Inc. after leading investors in the meal delivery service’s $77 million series C funding round.

  • June 20, 2017

    PE-Owned Genealogy Site Ancestry.com Files Confidential IPO

    Private equity-backed genealogy website Ancestry.com said Monday it has confidentially filed an initial public offering with regulators using a provision of securities law that allows companies to submit preliminary IPO plans to the government without publicly revealing their financial details.

  • June 20, 2017

    Shawbrook Warns Investors That PE Group Could Delist Bank

    Shawbrook said Tuesday that although it still believes a private equity group's £868 million ($1.1 billion) tender offer undervalues the U.K. savings and lending bank, investors may want to opt into the deal given the large stake already amassed by the likely acquirers.

Expert Analysis

  • 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

    With the conclusion of this U.S. Supreme Court term just around the corner, 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.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • R&W Insurance: An Effective Treatment In Health Care Deals

    Thomas Zahn

    In the last 18 months, there have been significant strides in the availability and terms of representation and warranty insurance in health care deals. Parties now have access to a cheaper and effective treatment for the diagnoses that can plague such transactions, say attorneys with McGuireWoods LLP.

  • A Snapshot Of M&A Activity In May

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    Global deal volume rose slightly in May, but the absence of megadeals continued. Ariel Deckelbaum of Paul Weiss Rifkind Wharton & Garrison LLP discusses these and other trends in last month's M&A activity.

  • Miners Find Themselves In The Spotlight Once Again

    John Tivey

    As mining companies continue on their rapid recovery path from the commodity price downturn, the perceived sins of the past return to haunt management teams soon to be swimming in cash, say John Tivey and Rebecca Campbell of White & Case LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Inadvertent Errors By Fund Advisers May Bring Steep Fines

    Arthur Delibert

    The recent settlement of an SEC enforcement action against fund adviser and distributor William Blair & Co. LLC ups the ante for company boards and advisers in two significant respects, say attorneys with K&L Gates LLP.