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M&A in the COVID Era – Part II – Debt Financing Opportunities for Middle Market PE Funds
April 6, 2020 | Advisory | By Joseph Price, Matthew B. Gautier
This article reviews debt financing opportunities available to investors in a down market and the pros and cons of each type of financing.
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IRS Issues Guidance for CARES Act Employee Retention Credit
April 3, 2020 | Alert
Read about recently issued IRS guidance related to the employee retention credit enacted in the Coronavirus Aid, Relief and Economic Security (“CARES”) Act.
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The CARES Act: A Summary Overview of Federal Tax Changes Affecting Businesses
April 1, 2020 | Alert | By David Salamon
This alert provides an overview of how the CARES Act, signed on March 27, 2020, eases tax burdens on businesses to increase their short-term liquidity as they deal with impacts of the COVID-19 pandemic.
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Pre-Closing Covenants: Operating in the Ordinary Course of Business
January 29, 2020 | Article | By Nicholas V. Perricone
Read about issues to consider when drafting or negotiating transaction agreements with covenants to operate in the “ordinary course” of business between signing and closing.
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IRS Provides Additional Guidance on the Tax Treatment of Cryptocurrency
November 21, 2019 | Alert | By David Salamon
This alert takes a detailed look at the additional guidance issued by the IRS on October 9, 2019 on the tax treatment of cryptocurrency.
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Land of Tax Opportunity Zones II
May 1, 2019 | Alert | By David Salamon
This articles outlines the Treasury Department’s second set of proposed regulations, released on April 17, 2019, for the implementation of the Opportunity Zone Program.
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Control of Third Party Claims
April 22, 2019 | Alert | By Marc Mantell, Matthew E. Maguire
Indemnification provisions in private company M&A contracts have received a lot of attention in recent years. These provisions are used to allocate risk among participants but there has been a lack of attention paid to another critical provision of these contracts. We highlight the frequency of certain provisions that shift control of these claims and examine the merits of various other approaches.
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As 2019 Approaches, Private Equity Investment in Health Care Shows No Signs of Slowing Down
December 26, 2018 | Blog | By Cassandra Paolillo
As the year draws to a close, it’s clear that 2018 was another record year for private equity investment in health care. In its report on the top health industry issues of 2019, PWC’s Healthcare Research Institute recently highlighted the continued prevalence of private equity in health care transactions, and predicted even more private equity investment in the coming year. Below is an overview of the current and expected trends, as well as a few key considerations for private equity deals in the health care space.
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Land of Tax Opportunity Zones
October 31, 2018 | Alert | By David Salamon
This article outlines the Treasury Department’s initial guidance for implementation of the qualified opportunity zone tax incentive program, designed to encourage investment in low-income communities.
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Private Equity Opportunity in Litigation Financing
April 18, 2018 | Alert | By Scott Ford, Kurt Steinkrauss
Litigation financing has quickly grown from a fledging concept into a robust industry. The concept is simple: in exchange for a share of any proceeds, a financing firm agrees to pay all or a portion of the plaintiff’s legal fees.
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For closely held companies: Is there, or will there soon be, a significant lender in your life?
April 24, 2017 | Alert | By Joseph Price
Ten considerations for closely held companies incurring debt in connection with minority investments by private equity sponsors, growth financing, or dividend recapitalizations.
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What You Need to Know Before Considering Selling Your Craft Brewery to a Macrobrewer or a Private Equity Firm
December 7, 2016 | Article | By Jeremy Glaser
Recently, there have been a number of sales of well-known and well-respected craft breweries to the major beer producers. In addition, there have been a smaller number of sales of craft breweries to private equity investors. Is one type of buyer better than the other from the perspective of the selling brewery?
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Mass. District Court Holds Private Equity Funds Liable for a Portfolio Entity’s Pension Benefits
September 19, 2016 | Alert
The Private Equity Practice has been getting an increasing number of calls related to the decision made earlier this spring (Sun Capital Partners III, LP v. New Eng. Teamsters & Trucking Indus. Pension Fund, 2016 US Dist. LEXIS 40254 (D. Mass. Mar. 28, 2016)).
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Fund Manager Annual Update
March 1, 2016 | Alert | By Louis Froelich, Thomas Burton, Daniel DeWolf
The SEC brought a record number of enforcement actions against investment advisers in 2015, resulting in approximately $4.2 billion in sanctions.1 This alert highlights current issues for private equity, venture capital and hedge fund managers and also summarizes certain key required annual filings.
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Tax Law Changes Favorable to Venture Capital and Private Equity Investors
January 28, 2016 | Alert
The “Protecting Americans from Tax Hikes” (PATH) Act was recently signed into law, and two provisions in particular benefit venture capital, private equity, and other investors owning or planning to purchase a corporation.
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