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Global Private Equity Watch Blog

Articles: 11-20 of 115

Supreme Court Rejects 546(e) Safe Harbor for “Conduit Transactions”

USA - March 8 2018 Last week, in Merit Management Group, LP v. FTI Consulting, Inc.1 the Supreme Court settled a split in the circuit courts, unanimously holding that…

Representation and Warranty Insurance - To Insure, or Not to Insure, That is the Question

USA - March 5 2018 In today’s competitive, seller-friendly M&A environment, buyers are often left with the choice to insure using representation and warranty insurance…

Comptroller of Currency’s Comments Sow Further Doubt in Leveraged Lending Guidance

USA - March 2 2018 Joseph Otting, President Trump’s pick for the head of the Office of the Comptroller of the Currency (the “OCC”) who was confirmed in November, has…

IP Diligence Can Really Matter in Private Equity Acquisitions—And That Includes Checking the Grammar Used in Purported Employee IP Assignments

USA - February 27 2018 All private equity deal professionals know that legal diligence of a target company is a significant part of the overall diligence and deal making…

Delaware Chancery Court Adopts Unaffected Market Price As “Fair Value” In Appraisal Proceeding; Awards 31% Below Transaction Price

USA - February 20 2018 Guided by the Delaware Supreme Court’s recent emphasis in DFC and Dell on market evidence in determining “fair value” under Delaware’s appraisal…

Not So Funny Things That Can Happen on the Way to Your Contractually Selected Forum

USA - February 13 2018 When a Florida-based coffee company decided to retain the services of a Georgia-based marketing company respecting the marketing and sale of the…

Transaction-Related Tax Deductions and the Worst Words Ever Spoken by a Deal Professional

USA - January 30 2018 Contrary to popular belief, Raymond Burr's character in the famous TV series, Perry Mason, did not necessarily limit his practice to criminal defense…

HSR Act Filing Threshold, Civil Penalty Maximum, and Interlocking Directorate Threshold Revisions

USA - January 29 2018 On January 26, 2018, the US Federal Trade Commission (FTC) announced revisions to the jurisdictional thresholds for the Hart-Scott-Rodino Antitrust…

For Syndicated Loan Market, NY Fed Anticipates Publication of “Term Structure” SOFR in 2Q 2018 and Implementation in 2021

USA - January 25 2018 In this update, we look at the advancements the Alternative Reference Rates Committee ("ARRC") appointed by the NY Fed is making as it moves forward…

Significant Changes in PRC Outbound Investment Regulations

China - January 19 2018 On December 26, 2017, the National Development and Reform Commission of the People's Republic of China ("NDRC") issued its new Administrative…