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Archive by tag: LLPReturn

Sale of Portfolio Companies Between Affiliated Funds: The (Legal) Road Less Traveled

From time to time, private equity sponsors will exit a portfolio company investment by selling the portfolio company to buyers led by another fund managed by the same sponsor. Because the sponsor is essentially on both sides of the transaction, the sponsor must carefully consider and fairly address the customary business and legal issues arising…...By: Kramer Levin Naftalis & Frankel LLP
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[Webinar] Wednesday Webinar: Signed, Sealed, Delivered – Understanding Construction Procurement for Schools (Pre-K to 12) - February 10th, 12:00 pm - 1:00 pm EST

It's no longer just bidding! Bricker attorneys Casey Cross and Chris McCloskey will share the risk factors to consider when selecting a construction delivery model, as well as what you need to know to make sure your district is following Ohio law when hiring a design professional, contractor, construction manager at risk or design-builder....By: Bricker & Eckler LLP
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Bricker & Eckler LLP | Jan 27,2021 |

Two Wrongs Don’t Make a Right: Unlicensed Contractors Can Pursue Designers for Negligence

The North Carolina Court of Appeals recently determined that a builder who fails to comply with state licensing requirements may still pursue a negligence claim against design professionals. In Wright Construction Services, Inc. v. The Hard Art Studio, PLLC, the owner contracted with architecture firm Olive Architecture to develop plans for a mixed-use complex in Raleigh, North Carolina. Olive, in turn, contracted with Collins Structural Consulting and Scott A. Collins (the “Collins defendants”...
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Acquisition and Leveraged Finance Review – Spain

The covid-19 pandemic has dramatically altered all aspects of life. The acquisition and leverage finance industry has been no exception. M&A activity has slowed down, and hence the leverage financing activity as well. Having said that, there are clearly some defensive industries that have shown resilience to the present crisis (pharma, bio sanitary, food and TMT, for instance). Uncertainty is affecting the capacity of market participants to agree on valuations, creating gaps between the...By: ...
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Latham & Watkins LLP | Jan 26,2021 |

Financial Daily Dose 1.26.2021 | Top Story: Apollo Global Ousts Leon Black as CEO Over Epstein Ties

Private equity behemoth Apollo Global Management’s CEO, Leon Black, is stepping down after an outside inquiry by Dechert—“ordered by the firm’s board at Mr. Black’s behest in October”—revealed that Black “had paid more than $150 million to the convicted sex offender Jeffrey Epstein.” Black “intends to remain chairman of the New York firm, which manages…...By: Robins Kaplan LLP
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Robins Kaplan LLP | Jan 26,2021 |

DOJ Announces Concrete Company’s Deferred Prosecution Agreement: Are Effective Antitrust Compliance Programs Really Less Important Now? Unlikely.

In early January 2021, the U.S. Department of Justice’s (“the DOJ”) Antitrust Division (“the Division”) announced a Deferred Prosecution Agreement (“DPA”) with Argos USA LLC (“Argos” or “the Company”).1 While DPAs have been used to resolve prosecutions in other Divisions of the DOJ, the Antitrust Division has considered DPAs only since a policy shift in 2019......By: Vinson & Elkins LLP
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Vinson & Elkins LLP | Jan 26,2021 |

Impact of COVID-19 on Global Merger Control Reviews

This brief guide provides updates on the impact of COVID-19 on merger control reviews around the world. Please see full Publication below for more information....By: Latham & Watkins LLP
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Latham & Watkins LLP | Jan 25,2021 |

Tour de Force: Contract Terminations Due to COVID-19-Based Force Majeure – Natural Disasters

A recent decision from the Southern District of New York may pave the way for broader excuse of performance in COVID-19 force majeure litigation after finding the pandemic is a “natural disaster” that is beyond the parties’ “reasonable control,” triggering the force majeure clause. The past 10 months have brought a resurgence of the application of the force majeure doctrine due to the ongoing pandemic....By: Pillsbury Winthrop Shaw Pittman LLP
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Founders, Finders and Financings: Beware the Unregistered Broker-Dealer

Raising money is hard. Many founders think that it’ll be easy, and that a dozen investors will be lining up outside the room after their first pitch with term sheets in hand....By: Wyrick Robbins Yates & Ponton LLP
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China Issues New National Security Rules on Foreign Investment Effective January 18, 2020

On December 19, 2020, China’s National Development and Reform Commission (“NDRC”) and Ministry of Commerce (“MOFCOM”) jointly issued the Measures on National Security Review of Foreign Investments (“Review Measures”)....By: Dechert LLP
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Dechert LLP | Jan 25,2021 |
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