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Although transfers by investors of their interests in a fund have always been a feature of subscription / capital call facilities, as of late, there has been a palpable uptick in investor transfers and this trend is set to continue, due to a multitude of factors. By: Cadwalader, Wickersham & Taft LLP
A recent trend in continuation vehicles involves traditional private equity sponsors serving as the “lead investor” in lieu of, or in addition to, more traditional secondary buyers and institutional investors. This expansion of the buyer universe may have the potential to improve the market for sellers through increased competition.
Primary investment grade bond issuance surged in Q1 2024 as investors ramped up exposure to high-quality borrowers in a high interest rate environment. In the US, investment grade corporate borrowers secured US$429.7 billion of financing in Q1 2024; the highest level of quarterly issuance since Q2 2020, according to S&P Global.
Why do some embedded analytics projects succeed while others fail? We surveyed 500+ application teams embedding analytics to find out which analytics features actually move the needle. Read the 6th annual State of Embedded Analytics Report to discover new best practices. Brought to you by Logi Analytics.
Asset managers who invest in crypto assets are expanding their footprint as managers of capital for investors. Investors are increasingly seeking out asset managers that have expertise in crypto assets.
Federal agencies and state legislatures are advocating greater oversight of investor-backed health care companies and health care transactions involving private investors. California and other states are considering new regulations reinforcing state prohibitions against the corporate practice of medicine (CPOM).
Securities and Exchange Commission (SEC) has adopted final rules aimed at enhancing investor protections in initial public offerings by SPACs and in subsequent de-SPAC transactions. Nearly two years after first proposing new rules related to special purpose acquisition companies (SPACs), the U.S.
If you are a private equity investor considering potential P2P acquisitions after receiving initial soundings from management teams, then this new regime should be helpful in enabling early stage talks to happen in private. The UK Takeover Panel (the Panel) has published a new framework for private sale processes. By: A&O Shearman
On Wednesday, September 18, the Federal Trade Commission (FTC) announced a settlement agreement with prominent activist investor and GameStop CEO Ryan Cohen.
Skadden’s Ann Beth Stebbins and guests Allie Rutherford and Adrienne Monley of PJT Camberview discuss how a company can best communicate to investors what makes its board effective – not just the mix of skills individual directors bring, but also the way the board functions and the way it draws on outside expertise when needed.
When these internal conflicts cannot be resolved, however, minority investors may file suit against the company’s majority owner. Anecdotally, these investor claims seem to be on the rise, including claims that the majority owner breached fiduciary duties owed to the company.
Engaging in management and investor conversations about maintaining and growing a business is critical, no matter the industry. Whether you’re discussing normal business sustainability, organic growth, or contemplating a sale, these discussions become more complex when practicing physicians are the business’s revenue generators.
When private company owners and investors share with me some of the wisdom they have gained from their past dealings with business partners, they often cite the same three mistakes they made in relationships with their partners.
On January 24, 2024, the Securities and Exchange Commission (“SEC”) adopted final rules (the “Final Rules”) to enhance disclosure and investor protection in initial public offerings (“IPOs”) by special purpose acquisition companies (“SPACs”) and in business combination transactions involving shell companies, such as SPACs, and private operating companies (..)
8, 2024), the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a securities class action brought by investors who purchased shares of the special purpose acquisition company Churchill Capital Corporation IV (“CCIV”) in early 2021 before it merged with Atieva, Inc. Atieva, Inc., 23-16049, 2024 U.S.
Investors seeking AI plays may want to consider humanoid robots, which some analysts expect to begin replacing human workers at scale by the end of the decade.
On November 1, 2024, the Ministry of Commerce of China, together with five other governmental departments, issued the newly revised Measures for the Administration of Strategic Investment in Listed Companies by Foreign Investors (the “New Measures”).
While a strong relationship with a residents' association can benefit the successful operation of any manufactured housing community (an "MHC"), in certain states, understanding residents' and resident associations' statutory rights can be critical to a successful purchase of or exit from an MHC. By: Winstead PC
For investors, the private company sector remains attractive, but these are not risk-free opportunities. Investments in private companies should continue to flourish in 2025 in light of the revenue and EBITDA growth they delivered this year, and this rosy financial outlook is also confirmed by company leaders. This post reviews three.
8, 2025, Massachusetts Gov. Maura Healy signed An Act Enhancing the Market Review Process (the Act). The Act increases regulatory reporting obligations and oversight of healthcare transactions involving private equity sponsors, healthcare real estate investment trusts (REITs) and management services organizations (MSOs). By: McGuireWoods LLP
The Situation: On December 29, 2023, the Standing Committee of the National People's Congress of the People's Republic of China ("PRC" or "China") promulgated the amended Company Law of the PRC ("New Company Law"). The New Company Law took effect on July 1, 2024. By: Jones Day
My colleagues published an important piece recently about the potential impact that the FTC's proposed non-compete ban might have on M&A transactions and private equity investments.
Delaware remains the most popular jurisdiction for the domestic formation of private equity and venture capital funds (a “Fund”) as either a limited partnership or limited liability company. In fact, 54.8% of the deals closed by Cadwalader in 2023 had a Delaware component.
If an issuer of a securities wishes to generally advertise their private offering of securities, they can do so under Rule 506(c) of Regulation D of the Securities Act of 1933, which would exempt the offeror from registration under the Investment Company Act. By: Winstead PC
In contemplating a potential acquisition in the United States, there are multiple considerations that require significant analysis to achieve the strategic goals of such acquisition. It is paramount to consider the applicable US political and regulatory implications before acquiring businesses or assets.
2023 was a pivotal year for the beverage and food industry globally, creating new categories of winners and losers across the board. With a full year of operations largely relieved of pandemic-era restrictions, restaurant companies that survived the pandemic posted record numbers.
For investors, excitement in the renewable energy landscape is palpable. Renewable energy capacity is being added to the world's energy systems at the fastest rate in two decades, prompting the International Energy Agency to revise its forecasts for 2027 upwards by 33 per cent.
While Chris van Heerden’s recent article gave some cause for optimism over the fundraising environment for 2024, for now on the ground we are continuing to see significantly longer lead times before funds hit their target size, even for top-tier sponsors. By: Cadwalader, Wickersham & Taft LLP
Amendments to the Company Law of the People's Republic of China (the “New Company Law”) were passed on December 29, 2023, and will come into effect on July 1, 2024. By: Seyfarth Shaw LLP
WindRose Health Investors has announced its acquisition of CardioOne. CardioOne, founded in 2023 and based in Houston, is a management services partner and technology platform designed for independent cardiology practices. By: McGuireWoods LLP
Founders that have successfully built bootstrapped companies are notoriously careful when it comes to choosing an investor, and rightly so. It is fundamental that these companies find the right investor. Timing, experience and investment approach are key considerations when selecting an investor.
Preferred stock is a key financing instrument in the world of private equity (PE) and venture capital (VC), frequently used to balance the interests of investors and founders.
In April, the Committee on Foreign Investment in the United States (CFIUS) issued a Notice of Proposed Rulemaking (NPRM) to “enhance certain CFIUS procedures and sharpen its penalty and enforcement authorities.”
By Shashwat Chauhan and Medha Singh (Reuters) -Apple is closing in on a historic $4 trillion stock market valuation, powered by investors cheering progress in the company’s long-awaited AI enhancements to rejuvenate sluggish iPhone sales.
Investors aren’t the only ones who want to get their hands on hot tech companies in the field of AI: it’s also likely to spur a big wave of M&A, too: today, Databricks announced that it would pay $1.3 billion to acquire MosaicML, an open-source startup with neural networks expertise that has built …
A side letter in the venture capital sector is an agreement between an investor and the company it is investing in that entitles the investor to certain contractual rights, which supplement and are in addition to other rights specifically provided to the investor as a holder of equity securities under the companys governance documents the documents (..)
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