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The SEC's evolving scrutiny of private equity firms: KKR hit with an unprecedented enforcement action for broken deal expense misallocation
  • Arnold & Porter LLP
  • USA
  • July 2 2015

On June 29, 2015, the US Securities and Exchange Commission ("SEC") charged Kohlberg Kravis Roberts & Co. ("KKR") with misallocating more than US$17

Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • July 1 2015

As we discussed in a prior newsletter, the evolving landscape for regulated financiers under the Leveraged Lending Guidance promulgated by the

Court of Chancery rejects management projections in an appraisal
  • Morris James LLP
  • USA
  • July 1 2015

This decision turns on rejecting the projections of management about the future cash flow of the company to be appraised.Thus, it turns out

Delaware General Corporation Law amended regarding fee-shifting and forum selection clauses
  • Baker & Hostetler LLP
  • USA
  • June 30 2015

On June 24, 2015, the governor of Delaware signed into law legislation that amends the Delaware General Corporation Law (Title 8 of the Delaware Code

You can’t trust crowdfunding promises after confession to the FTC
  • Gardere Wynne Sewell LLP
  • USA
  • June 30 2015

Immediately after filing a lawsuit the defendant confessed that he spent monies on personal expenses even though he “raised more than $122,000 from 1

“A close look at Arizona’s new crowdfunding law”
  • Quarles & Brady LLP
  • USA
  • June 29 2015

On April 15, 2015, Arizona Gov. Doug Ducey signed into law new crowdfunding legislation intended to give small companies in the local Arizona economy

Crowdfunding and IP in health and biotech start-ups (part 3): potential dangers
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 29 2015

This is the third in a 3-part series about the use of crowdfunding in health and biotech start-ups. We started with the story of a tech start-up

Do investment advisers automatically have fiduciary duties to their clients?
  • Brooks Pierce McLendon Humphrey & Leonard LLP
  • USA
  • June 28 2015

I always thought they did. But on Friday I read this sentence: “An investment advisor-client relationship is not a de jure fiduciary relationship.”

Senator Wyden introduces new bill clarifying the insurance exception to the PFIC rules
  • Clifford Chance LLP
  • USA
  • June 27 2015

On June 25, 2015, Senate Finance Committee Ranking Member Ron Wyden introduced a bill that would require insurance companies to maintain minimum

Big A, little C: baby steps toward modernizing reorganizations
  • Cadwalader Wickersham & Taft LLP
  • USA
  • June 26 2015

Since 1934, a tax-free reorganization has included a statutory merger or consolidation (an "A reorganization"). However, the words "statutory merger