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Planning to raise a private equity fund with your partners? It may not be your first investment vehicle, but if your new fund is larger than what you’ve worked on in the past — say, $500 million — you may find yourself navigating unfamiliar territory when dealing with institutional investors. See below for answers to what will likely be…
It’s hard to overstate the amount of turbulence experienced by the aviation finance market over the last three years. After a banner 2019, when asset-backed securitizations —a key source of capital for many aircraft leasing companies — hit a record high of $10.4 billion, Covid effectively shut down the market in 2020. Deal volume soared…
When companies get into trouble, it’s common practice for the government to call on independent third parties to help clean up the mess. Companies under investigation by the Department of Justice (“DOJ”) often agree to have a court-appointed monitor as part of a Deferred Prosecution Agreement or Non-Prosecution Agreement. The monitor — generally a former…
Aligning the interests of General Partners (GPs) and Limited Partners (LPs) is an essential component of successful private equity funds. Efficient fund terms help GPs and LPs focus on achieving common goals and maximizing returns. But in recent years, it’s become harder to keep the interests of GPs and LPs in sync. As market forces…
A new sheriff is in town — and that means the potential for big changes ahead for white-collar criminal enforcement in terms of specific areas of focus and volume of investigations. White-collar probes are expected to rise now that President Biden is in the White House, reversing a trend that saw the prosecution of white-collar…
In 1874, in his book “The Mysterious Island,” science fiction writer Jules Verne envisioned a world powered by hydrogen. Nearly a century and a half later, the idea that hydrogen can play a crucial part in the clean energy transition is anything but a fantasy. As the cost of producing clean hydrogen has declined and…
The coronavirus pandemic has upended nearly every corner of the world — and shareholder activism is no exception. As companies struggled to survive in the early weeks of the crisis, activists hit the pause button, fearful of appearing opportunistic and insensitive. Stock market volatility, economic uncertainty, and a slowdown in the M&A market further deterred activists…
Memes, funny videos and entertaining dance routines are often what go viral on social media these days … but earlier this year, it was a warning about social media that became the talk — or should we say Tok — of the internet. Sharing on the social news platform Reddit in April, someone known only…
Carbon capture is increasingly capturing the attention of investors, and for good reason: Projects to trap and prevent carbon emissions from entering the atmosphere can provide investors with hefty tax credits. Though the credits have been on the books for over a decade, Congress bolstered them two years ago as part of the 2018 Bipartisan…
What might happen if China or Russia attacked the nation’s electricity grid? The answer to that question is at the heart of an executive order issued by President Trump on May 1. Foreign adversaries are increasingly looking for ways to exploit weaknesses in the country’s bulk-power system (“BPS”) – the large interconnected electrical system that…
For anyone tracking the future of energy, 2020 is expected to bring a major milestone: Renewables are poised to generate more electricity in the U.S. than coal for the first time over the course of a full year according to the U.S. Energy Information Association (EIA). Renewable energy, the country’s fastest growing source of electricity…
Does five against two make for a fair fight? The respondents in a recent arbitration didn’t think so. Catic USA (“Catic”) is an aviation-focused California corporation owned by a Chinese parent company. After an arbitration panel handed an unfavorable opinion to Catic following a dispute with its investors, the corporation sought relief in court. The…