Corporate and M&A

Keepers of the Green Gate: Duties of ESG ProfessionalsPosted on 10-26-2021

By: Sarah E. Fortt , VINSON & ELKINS LLP The market for Environmental, Social, and Governance (ESG) professionals is hot. As companies, consulting firms, financial institutions, law firms and government agencies race to build out their sustainability and ESG teams, qualified ESG professionals are... Read More

Market Trends: Representations and Warranties InsurancePosted on 10-19-2020

By: the Practical Guidance Attorney Team This article discusses trends in provisions relating to representations and warranties (R&W) insurance in acquisition agreements for transactions announced in the first half of 2020 as compared to transactions announced in the first half of 2019. THE ITEMS... Read More

A Surge of SPACs in a Turbulent Economic ClimatePosted on 10-19-2020

By: Mollie Duckworth , Jonathan Gordon , John Kaercher , Carina Antweil , and Michael Portillo , Baker Botts LLP Special purpose acquisition companies (SPACs), so called blank-check companies, are experiencing a resurgence in the current turbulent economic climate. SPACs are entities formed to raise... Read More

Diagnosing and Treating Coronavirus Risks in M&A TransactionsPosted on 04-09-2020

By: Ryan M. Scofield and Parthiv Rishi , Sidley Austin LLP Novel Coronavirus (COVID-19) is now a global pandemic and continues to dominate headlines as confirmed cases of the virus escalate. As of March 27, 2020, The World Health Organization reports more than 509,164 confirmed cases and 23,335 deaths... Read More

Updates and Legal Development - Spring 2019Posted on 02-21-2019

STATE ATTORNEYS GENERAL FILE APPEAL FROM RULING INVALIDATING AFFORDABLE CARE ACT ATTORNEYS GENERAL FROM 16 STATES AND THE DISTRICT of Columbia have filed a notice of appeal with the U.S. Court of Appeals for the Fifth Circuit following a ruling by a Texas federal judge striking down the Patient Protection... Read More

Telemedicine and Digital Health: Strategic Opportunities and Legal Considerations for Private Equity InvestmentPosted on 09-12-2018

By: Christopher Donovan , Heidi Jeffery , Nathaniel Lacktman , and Melesa Freerks , Foley & Lardner LLP THIS ARTICLE ASSESSES THE CHARACTERISTICS OF THE digital health industry and examines whether the market is ripe for notable private equity investment. The broad scope of digital health includes... Read More

Climate Change Considerations in M&A TransactionsPosted on 06-22-2018

By: Annemargaret Connolly and Thomas Goslin, Weil Gotshal & Manges LLP Introduction CLIMATE CHANGE IS ARGUABLY THE MOST HIGH-PROFILE and rapidly evolving environmental issue facing the global business community today. Governments of nearly every nation have acknowledged the risks posed by a warming... Read More

Recent Trends in Media Industry Mergers and AcquisitionsPosted on 12-19-2017

By: Meredith Senter and Erin E. Kim , Lerman Senter PLLC This expert interview provides an overview of current market trends in the media industry and outlines the important aspects of this segment that make mergers and acquisitions in the industry unique. What Does the Current Market Look Like in... Read More

Attorney-Client Privilege Considerations for Private Equity Firm CounselPosted on 10-31-2017

By: Ari M. Berman and Laurel S. Fensterstock VINSON & ELKINS LLP Private equity investments often present complicated questions concerning the attorneyclient privilege, ranging from the interactions between a private equity firm and its portfolio companies to communications with the private equity... Read More

Private Equity Co-investments Guide: Issues to Spot and Raise When Making a Direct Co-investmentPosted on 06-07-2017

By: Christopher Henry , Lowenstein Sandler LLP INVESTORS OF MANY DIFFERENT STRIPES ARE EAGER to participate in private equity transactions as equity co-investors alongside private equity sponsors who source, lead, and execute on investment opportunities. These investors hail from portions of the financial... Read More

Taxation of Carried InterestPosted on 04-12-2017

By: Robert D. Starin , K&L Gates LLP. The tax treatment of carried interest has for many years been a high-profile target for potential reform. “Carried interest” refers to the share of profits or gains from investment received by a manager of a private equity fund, hedge fund, or similar... Read More

Market Trends: Indemnification Provisions in Asset Purchase TransactionsPosted on 02-09-2017

Indemnification provisions are among the most highly negotiated and critical deal points in private M&A transactions. In general, the parties provide mutual indemnification to each other for breaches of representations, warranties, and covenants. In practice, indemnification provisions are a tool... Read More

Drafting and Reviewing the Key Documentation for a Private Equity Fund and Its OfferingPosted on 02-09-2017

Adapted by Alyssa Heumann . THE LAWYER’S MOST IMPORTANT ROLE IN CONNECTION with the launch of a new private equity fund (PE fund) will involve the preparation and negotiation of the key documents for the offering of its interests. The sale of PE fund interests to investors constitutes an offering... Read More

Due Diligence in Life Sciences Mergers & AcquisitionsPosted on 11-30-2015

By: Reb Wheeler , Mayer Brown LLP LEXIS PRACTICE ADVISOR RESEARCH PATH: Mergers & Acquisitions > M&A by Industry > Life Sciences M&A THE LIFE SCIENCES INDUSTRY HAS BEEN AMONG THE MOST active sectors for mergers and acquisitions in recent years. There are a variety of issues that... Read More