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Corporate and M&A

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... 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