Pension Plan Withdrawal Liability Presents A “Risky Gambit” to Private Equity Funds

Guest post by Michael T. Bindner of Frost Brown Todd LLC

A Federal District Court recently called investments in private companies that participate in a multiemployer pension plan (MPP) a “risky gambit” because of the potential for exposing the MMP’s investors to withdrawal liability[1]. This type of liability is sometimes referred to as a “hidden liability” because, in some situations, investors may have exposure for the liability even if they did not affirmatively assume the liability under a purchase agreement.

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10 Tips to Help Companies Prepare for and Manage a PE Investment

Guest post by Angela Humphreys and Michael Geldart from Bass, Berry & Sims PLC and Excellere Partners

In an article published in the ACC Docket, the official publication of the Association of Corporate Counsel, Bass, Berry & Sims attorney Angela Humphreys and co-author Michael Geldart, Chief Compliance Officer and Partner at Denver-based private equity investment firm Excellere Partners, provided 10 tips on how companies can prepare for private equity investment and manage the private equity relationship post-transaction.

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How Do Mergers & Acquisitions Impact Pending Bids?

Guest post by Todd Overman & Richard Arnholt of Bass, Berry & Sims PLC

Given the continued high volume of mergers and acquisitions (M&A) transactions in the federal marketplace, buyers and sellers need to be aware of the developing body of case law at Government Accountability Office (GAO) and Court of Federal Claims (COFC) regarding how acquisitions are impacting pending bids and the steps that parties can take to protect those bids in certain situations.

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Healthcare and Tech Remain Strong During Slow IPO Market

Guest post by Carlos Juarez from Mayer Brown LLP, Free Writings + Perspectives

US IPO volume has declined by almost a quarter year-over-year, according to EY’s recent Global IPO trends report.  To date, $44.5 billion in proceeds have been raised in 127 IPOs, 23% less than at the end of Q3 2018. The third quarter of 2019 alone saw 39 IPOs in the US, which raised $11.9 billion, down 30% by number of deals.  Median deal size in Q3 2019 was $125 million, an 8% increase compared to Q3 2018, and the median post-IPO market cap for companies was $708 million according to the report.

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Why not bank loans to EU startups?

Guest post by Rafael González-Gallarza and Álex Pujol, partners at Garrigues Corporate Department

One way to boost the digital economy in the EU would be to help banks making loans to new businesses. To do this, the institutions themselves need to know about venture debt and other possible products, and the European and national authorities need to support a stable legal framework adapted to the business environment including the area of bank finance.

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As Investment Firms Continue to Be Targeted by Email Intruders, Authorities Release Tips to Prevent Intrusions and Mitigate Harm

Guest post by Kristen J. Mathews and Tiffany Quach – Morrison & Foerster LLP

Investment firms, such as private equity firms, venture capital firms and hedge funds, are an attractive target for cyber criminals because they regularly send and receive wire transfers of funds for investments. As a result, they are increasingly being targeted by “business email compromises,” that is, legitimate-seeming phishing emails that are used to gain access to usernames and passwords for the email accounts of firm employees. Once a criminal logs into  an email account using the stolen credentials, the intruder searches for emails about wire transfers, sets up rules for auto-forwarding and auto-deleting emails that meet certain criteria, and leverages delegate and administrator rights to access other email accounts at the same firm for the same nefarious purposes. 

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