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private equity

Private Equity in the Hospital Industry

By Janet Gao, Merih Sevilir and Yong Seok Kim October 13, 2021 by renholding

Private equity (PE) firms have in recent years been spending more money on purchasing more hospitals than ever before, with such deals accounting for a sizeable chunk of the roughly $340 billion that PE firms have put into the U.S. …

Private Equity, State Pension Plans, and the SEC

By William W. Clayton August 6, 2021 by renholding

The Securities and Exchange Commission under Chair Gary Gensler has been exploring transparency issues and other problems in the private equity industry and considering whether additional policy interventions are needed. One motivating factor is that public pension plans are the …

Do Public Financial Statements Influence Venture Capital and Private Equity Financing?

By Brian K. Baik, Natalie Berfeld and Rodrigo S. Verdi July 13, 2021 by renholding

Venture capital and private equity funds are important equity investors in private companies (Hand 2005; Stromberg 2008; Kaplan and Stromberg 2009), and their investments are characterized by an extensive search process that imposes significant upfront costs for the funds (Chen …

Kirkland & Ellis Discusses ESG and Climate Regulatory Developments Affecting Private Equity

By Jennie Morawetz, Alexandra Farmer, Marian Fowler, Elizabeth Dyer and Raya Treiser March 11, 2021 by Nisha Chandra

In the second half of 2020, demand for ESG-focused investments continued to accelerate, and data showing the outperformance of those investments during the COVID-19 pandemic has set the stage for robust demand to continue in 2021. In his recent letter …

Wachtell Lipton Discusses M&A Activity in 2020 and Expectations for 2021

By Wachtell, Lipton, Rosen & Katz February 4, 2021 by renholding

Deal activity (or inactivity) for much of 2020 was driven first by the unprecedented uncertainty and massive global shutdown of the early days of the Covid-19 pandemic, and then propelled by rising markets and confidence as animal spirits anticipated the …

Are M&A Lawyers Really Better Than Other Transactional Lawyers at Contract Drafting?

By Robert E. Scott, Stephen J. Choi and G. Mitu Gulati December 7, 2020 by renholding

In a series of papers over the past decade, the three of us have studied extensively the persistence of obsolete terms in sovereign debt contracting. (e.g., here, here and here).  Our interest was motivated by a puzzling observation: …

What Factors Affect Global Investment in Private Equity?

By Serdar Aldatmaz, Gregory W. Brown and Asli Demirgüç-Kunt October 6, 2020 by renholding

Since the1990s, global investment in private equity has increased from under $10 billion per year to well over $100 billion. Over the same period, there has also been a shift from public markets in major economies like the U.S. and …

Davis Polk Discusses FTC’s Proposed Rules for Hart-Scott-Rodino Filings

By Arthur Burke, Ronan Harty, Howard Shelanski, Jesse Solomon and Mary Marks October 6, 2020 by Nisha Chandra

On September 21, 2020, the Federal Trade Commission published a Notice of Proposed Rulemaking (“NPRM”) pertaining to pre-merger notification rules under the Hart-Scott-Rodino Act that was supported by the Department of Justice.  The FTC proposes changing the definition of “person” …

Quinn Emanuel Discusses the Duty of Loyalty for Designated Directors

By Julia Beskin, Molly Stephens, R. Brian Timmons and Jonathan Bunge September 28, 2020 by Nisha Chandra

For the partners and managing directors of private equity firms who have also been designated to serve as directors of one of the firm’s portfolio companies (“designated directors”), navigating potential conflicts of interest is a fact of life.  As businesses …

Paul Weiss Discusses the Effect Of DOJ’s New Merger Remedy Guidance on Private Equity Purchasers

By Andrew C. Finch, Andrew J. Forman, William B. Michael, Charles F. (Rick) Rule and Aidan Synnott September 11, 2020 by Nisha Chandra

On September 3, the Antitrust Division of the U.S. Department of Justice (DOJ) announced that it is publishing a Merger Remedies Manual. Significantly, the new manual recognizes that “in some cases a private equity purchaser may be [a] preferred” …

The Vanishing IPO Puzzle

By Thomas J. Chemmanur, Jie (Jack) He, Xiao (Shaun) Ren and Tao Shu June 3, 2020 by renholding

The number of private firms going public in the U.S. has declined significantly since 2000. A related phenomenon is that most private firms that “exit” (change ownership structures to allow early equity investors such as entrepreneurs and venture capitalists to …

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Debevoise Discusses Private Equity Options in Face of Liquidity Crunch

By Andrew Rearick, Andrew Ahern, Gavin Anderson, Katherine Ashton and Ezra Borut May 6, 2020 by hdh2120

As significant economic sectors grind to a halt around the world due to coronavirus-related lockdowns and travel restrictions, many portfolio companies will face liquidity crunches, raising concerns for private equity fund managers and their investors. Uncertainty around the duration and …

Gibson Dunn Discusses the Coronavirus, Private Equity, and Portfolio Company Finances

By Michael Nicklin and Jamie Thomas March 24, 2020 by hdh2120

With confirmed cases of COVID-19 now in more than 50 countries and the death toll rising almost daily, experts are predicting that the situation will get significantly worse before it gets better. Concerns over the impact of the virus have …

Wachtell Lipton Discusses Mergers and Acquisitions—2020

By Wachtell, Lipton, Rosen & Katz January 23, 2020 by renholding

Despite ebbs and flows of global economic uncertainty, M&A activity remained robust in 2019.  Total deal volume reached $4 trillion globally, a slight decrease from the $4.1 trillion volume in 2018, but higher than the $3.5 trillion in 2017.  The …

Do Private Equity Managers Raise Funds on (Sur)real Returns?

By Niklas Huether December 10, 2019 by renholding

The private equity industry has become the target of calls for more regulation, with critics and academics concerned that net asset values (NAVs) are inflated around periods of fundraising, particularly in the case of low-reputation funds. These calls are predicated …

Revising Boilerplate in Private Equity and Public Company Contracts: Which Context is Stickier and Why?

By Stephen J. Choi, Robert E. Scott and G. Mitu Gulati November 11, 2019 by renholding

Over the past half dozen years, the three of us have written a number of papers on sovereign bond contracts.  In the first set of papers, we documented the stickiness phenomenon (the reluctance of lawyers to modify standard contract language …

How CEOs’ Experience at Buyout Targets Affects Corporate Policies

By Scott Hsu, Tomas Jandik and Juntai Lu September 4, 2019 by renholding

Private equity (PE) firms influence their buyout targets in many ways. The literature documents that PE improves target firms’ operational practices, productivity, and innovation while cutting existing jobs and creating new ones. It is far less clear whether and how …

Finding Friends Is Hard: Long-Term Investors’ Relationship with Proxy Advisers, Activists, and Equity Funds

By Neil Whoriskey August 7, 2019 by renholding

Institutional investors are howling for US public companies to focus more on the long-term.[1]  This is unsurprising. Long-term focused companies produce significantly better results over time, reporting far greater revenue growth with less volatility, far higher levels of economic …

Debevoise & Plimpton Discusses Responsible Investment as an Opportunity for European Funds

By Geoffrey Kittredge, John W. Rife III, Patricia Volhard, Simon Witney and Delphine Jaugey February 26, 2019 by pss2150

European private equity fund managers are well aware that demonstrating a commitment to responsible investment is becoming an essential component of a smooth and successful fundraising. Regulation is only one of the drivers for that change, but it is an …

Wachtell Lipton Discusses Mergers and Acquisitions — 2019

By Wachtell, Lipton, Rosen & Katz January 22, 2019 by renholding

As a whole, 2018 proved to be another strong year for M&A.  Total deal volume reached almost $4.2 trillion globally, higher than the $3.7 trillion volume of 2017, but still less than the record of over $5 trillion set in …

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New York Times
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Financial Times
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Sidley Enhanced Scrutiny
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Financial Times
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Canada-US Flop, but Mexico Optimistic
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The Jobless Boom Has Arrived
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