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Banking | Private Equity

Developing Appropriate Valuation Provisions: Defuse ticking time bombs in shareholder agreements before they explode

Shareholder agreements document the intentions of the parties in connection with, among other things, the price to be paid for an ownership interest in the event of a shareholder’s death, disability, retirement or other triggering event. There are four commonly used methods to value a company...

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Private Equity

SEC Cracks Down on Broker-Dealer Registration: Private equity fund advisers are being held accountable for in-house transactions

The Securities and Exchange Commission (SEC) has begun pursuing transaction-based compensation paid to private equity fund advisers relating to portfolio company transactions as illegal brokerage commissions. It continues to target the advisers’ undisclosed use of client fund capital,...

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Private Equity

Effective Boards Discipline Themselves to Think More Like Activist Outsiders

In his annual letter to National Association of Corporate Directors (NACD) members, CEO Ken Daly put shareholder activism second on his director watch list for 2016. “Activists aren’t practicing black magic,” he wrote, “they are performing effective due diligence and smart...

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