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Private Equity
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October 02, 2024
Judge Nixes Alta Mesa Trustee's Clawback Suit
A Texas bankruptcy judge has ended efforts by the litigation trustee for defunct oil and gas company Alta Mesa Resources Inc. to claw back money from its predecessor's shareholders, finding that they did not directly benefit from contracts that boosted the value of the company before it was later taken public in a reverse merger.
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October 02, 2024
Fried Frank, DLA Piper Steer Commercial REIT's $251M Listing
Shares of real estate investment trust FrontView began trading Wednesday after it priced a nearly $251 million initial public offering within its intended price range, with Fried Frank Harris Shriver & Jacobson LLP advising the company and DLA Piper serving as counsel for the underwriters.
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October 02, 2024
Paul Weiss-Led Altor Nabs Majority Stake In CCM Hockey
Paul Weiss Rifkind Wharton & Garrison LLP-led Altor Equity Partners on Wednesday announced that its Altor Fund VI has nabbed a "significant majority" stake in hockey stick maker CCM Hockey.
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October 02, 2024
Greenberg Traurig Adds Arnold & Porter Antitrust Pro
Greenberg Traurig LLP's Washington, D.C., office is growing with the addition of a longtime Arnold & Porter Kaye Scholer LLP counsel with expertise assisting clients in merger and business conduct investigations by federal and state authorities, the firm announced Wednesday.
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October 02, 2024
Crypto Fund Manager Bitwise Files Plans For XRP-Tied Fund
Crypto-focused asset manager Bitwise filed a registration statement Wednesday that proposes to list the first exchange-traded product tied to the price of XRP, a digital currency that has long faced regulatory resistance.
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October 02, 2024
Chinese Food Biz To Go Public Via $523M SPAC Merger
Blank-check company Iron Horse Acquisition Corp., advised by Lucosky Brookman LLP, on Wednesday announced that it has agreed to merge with and take public China Food Investment in a deal valued at $523 million.
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October 02, 2024
M&A Vet Joins Debevoise In NY From Legal AI Co.
Debevoise & Plimpton LLP has boosted its New York office with a veteran mergers and acquisitions attorney who recently worked as chief product officer at legal-focused artificial intelligence company Harvey.
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October 02, 2024
SEC's Top Cop Departing After Record-Breaking Tenure
The U.S. Securities and Exchange Commission announced Wednesday that enforcement director Gurbir Grewal will be leaving the agency next week following a three-year tenure, during which the agency brought in record penalties and frequently clashed with crypto industry participants objecting to a string of lawsuits brought under Grewal's leadership.
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October 02, 2024
Fried Frank's M&A Co-Head Views Rate Cuts, AI With Caution
While it might be tempting to jump with joy about the Federal Reserve's recent rate cut, Philip Richter, co-head of Fried Frank's mergers and acquisitions practice, takes a more measured view. Here, Law360 talks to Richter about the rate cut, the upcoming presidential election, artificial intelligence and more.
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October 02, 2024
Darktrace Leaves London After $5B Bid By US Co. Completes
British cybersecurity company Darktrace PLC said on Wednesday that its shares are no longer trading on the London Stock Exchange after the scheme of arrangement for its takeover by U.S. private equity firm Thoma Bravo for approximately $5.3 billion was completed.
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October 02, 2024
Investors Get Another Extension For £253M Payments Co. Bid
Britain's mergers and acquisitions authority has again given a group of investment companies more time to make a firm offer of £253 million ($336 million) for Equals Group, the payments technology company said on Wednesday.
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October 01, 2024
CFPB Warns On Collecting 'Invalid,' Unverified Medical Debt
The Consumer Financial Protection Bureau on Tuesday cautioned debt collectors about significant potential compliance risks when working in the medical debt market, issuing guidance that identified a number of practices as illegal and capable of triggering "strict liability" under federal law.
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October 01, 2024
From AI To Enviro: The Top Biz Bills Calif. Gov. Inked Into Law
California Gov. Gavin Newsom signed hundreds of bills into law ahead of an Oct. 1 deadline, meaning major changes are on the horizon for employers, tech companies, healthcare providers and others doing business in the Golden State.
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October 01, 2024
4 Firms Guide PE-Backed Polish Retailer's Expected $1.6B IPO
Private equity-backed Polish convenience store giant Zabka Polska SA outlined plans Tuesday for an initial public offering estimated to raise 6.2 billion zloty ($1.6 billion), potentially Poland's largest listing in four years, under the guidance of four law firms.
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October 01, 2024
Latham, Milbank Guide StandardAero's Upsized $1.4B IPO
StandardAero Inc., a private equity-backed aerospace services provider, announced Tuesday it raised more than $1.4 billion in an initial public offering that's larger than the issuer first intended and is one of the year's largest offerings, with Latham & Watkins LLP advising the company and Milbank LLP serving as counsel for the underwriters.
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October 01, 2024
Davis Polk-Led Brazilian Lubricants Maker Eyes $400M IPO
Moove Lubricants Holdings, a private equity-backed lubricants producer based in Brazil, on Tuesday unveiled terms for an estimated $400 million initial public offering, represented by Davis Polk & Wardwell LLP and underwriters' counsel Paul Hastings LLP.
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October 01, 2024
Willis Towers Watson Inks $632M Sale Of Tranzact To PE Firms
Insurance company Willis Towers Watson Plc, advised by Weil Gotshal & Manges LLP, on Tuesday announced that it is divesting its direct-to-consumer insurance distribution business Tranzact and selling it to Kirkland & Ellis LLP-advised private equity firm GTCR and Willkie Farr & Gallagher LLP-led technology services investment platform Recognize for $632.4 million.
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October 01, 2024
Paul Weiss Adds Former Apollo GC As NY Corporate Partner
A former partner and general counsel for the credit arm of Apollo Global Management is now a partner in Paul Weiss Rifkind Wharton & Garrison LLP's corporate department, the firm said Tuesday.
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October 01, 2024
Paul Weiss Guides OceanSound To $1.5B Sophomore Fund
Growth-oriented private equity firm OceanSound Partners, led by Paul Weiss Rifkind Wharton & Garrison LLP, on Tuesday announced it clinched its second fund with $1.49 billion of investor commitments, which will be used to invest in middle-market technology companies.
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October 01, 2024
Latham Helps TJC Clinch 2nd Continuation Fund At $2.1B
Latham & Watkins LLP-advised middle-market private equity firm TJC LP on Tuesday announced that it clinched its second continuation fund with $2.1 billion of investor commitments led by Carlyle subsidiary AlpInvest.
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October 01, 2024
SEC Fines Marathon Asset Over Nonpublic Info Policies
The U.S. Securities and Exchange Commission announced that Marathon Asset Management LP will pay $1.5 million to settle allegations that the debt investment firm failed to have adequate policies and procedures to prevent the misuse of nonpublic information in relation to its business of analyzing debtors' financial obligations.
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October 01, 2024
Latham Reps CPP Investments In $15B Equinix Data Center JV
Latham & Watkins advised Canada Pension Plan Investment Board in a joint venture with digital infrastructure developer Equinix Inc. and Singapore's sovereign wealth fund GIC that could invest $15 billion to build data centers.
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October 01, 2024
4 Firms Guide Partners Group In €6.7B Sale Of German Biz
Swiss private equity shop Partners Group said Tuesday that it is selling its stake in a German digital energy metering business to Texas-based TPG and Singapore's sovereign wealth fund for approximately €6.7 billion ($7.4 billion).
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September 30, 2024
Amazon's Soured Solar Deal Suit Misses Mark, PE Firm Says
A California-based private equity firm and firms tied to two solar projects have urged a Washington state judge to toss most of Amazon's claims in a $200 million countersuit over a power purchase deal fallout, accusing the e-commerce giant of making an "end run" around its own contracts to drain them financially.
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September 30, 2024
Latham, Davis Polk Steer AI-Focused Chipmaker's IPO
Silicon Valley-based artificial intelligence startup Cerebras on Monday filed plans for an initial public offering with the U.S. Securities and Exchange Commission, hoping to tap investors' enthusiasm for AI-linked companies, and with Latham & Watkins LLP and Davis Polk & Wardwell LLP guiding the process.
Expert Analysis
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Banks Have Won Syndicated Loan Battle, But Not The War
Though the U.S. Supreme Court's recent denial of certiorari in Kirschner v. JPMorgan preserves the status quo that syndicated loans are not securities, the U.S. Securities and Exchange Commission's discomfort suggests that the underlying issues have not been fully resolved, say attorneys at Crowell & Moring.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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SEC Off-Channel Comms Action Hints At Future Enforcement
Although the U.S. Securities and Exchange Commission’s recent enforcement action against Senvest does not shed light on how the agency will calibrate penalties related to off-channel communications violations, it does suggest that we may see more cases against standalone investment advisers, say attorneys at Sidley.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What 3rd Circ. Trust Ruling Means For Securitization Market
Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.
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Behind Indiana's Broad New Healthcare Transactions Law
The high materiality threshold in Indiana's recently passed healthcare transaction law, coupled with the inclusion of private equity in its definition of healthcare entities, makes it one of the broadest state review regulations to date, say attorneys at DLA Piper.
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10 Tips For ESG Disclosure Compliance In Private Funds
Excerpt from Practical Guidance
As regulators increase scrutiny of misleading claims about environmental, social and governance investments, private fund sponsors should consider several practical tips for communicating accurately with potential investors, drafting comprehensive disclosures and establishing internal policies that can keep pace with evolving compliance requirements, says Jonathan Rash at Ropes & Gray.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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What FERC's Disclosure Demands Mean For Cos., Investors
Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Opinion
Post-Moelis Del. Corp. Law Proposal Would Hurt Stockholders
The proposed Delaware General Corporation Law amendment in response to the Court of Chancery's recent opinion in West Palm Beach Firefighters' Pension Fund v. Moelis would upend the foundational principle of corporate law holding that directors govern corporations in the interest of stockholders — and the potential harm would be substantial, say attorneys at Block & Leviton.
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Management Incentives May Be Revisited After PE Investment
As the economic climate shifts, key parties in private equity investment transactions may become misaligned, and management incentive plans could become ineffective — so attentive boards may wish to caucus with management to evaluate continued alignment, say Austin Lilling and Nida Javaid at Morgan Lewis.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.