Joel Cavanaugh
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Private investment funds are likely to face increased regulatory scrutiny and litigation risk in 2016, not only based on the Securities and Exchange Commission’s focus on the industry but also due to transparency and compliance initiatives of limited partners and other market developments. We have highlighted several areas that should be on the top of … Continue Reading
Private equity fund sponsors are facing increased litigation risk from regulators and private parties, including limited partners and stakeholders in portfolio companies. As a result, private equity firms should re-examine their professional liability insurance policies to ensure that their coverage is properly aligned with this increasing risk. … Continue Reading
Private equity funds, and individuals affiliated with fund sponsors, are increasingly being named as defendants in lawsuits involving their portfolio companies. This litigation risk arises most frequently where a fund controls one or more board seats on the portfolio company, or where an individual affiliated with the fund sponsor serves as a senior executive at … Continue Reading
The public scrutiny on private equity fund sponsors has continued to intensify this month, evidenced by at least three recent events. First, the government announced that it was probing performance figures at private equity funds: SEC Probing Private Equity Performance Figures. This focus on performance should not come as a surprise. Financial performance is what … Continue Reading
Originally published in the Venture Capital Review, 2014 edition. Andrew J. Bowden, the Director of the SEC’s Office of Compliance Inspections and Examinations, gave a speech entitled “Spreading Sunshine in Private Equity” in May 2014. While sounding cheery, the “spreading sunshine” metaphor was an ironic evocation of Justice Brandeis’s famous statement that “sunlight is … Continue Reading
Regulatory And Litigation Hot Topics For Private Funds In 2016
By Timothy W. Mungovan, Michael R. Hackett and Joel Cavanaugh on Posted in Hedge Fund, Private Investment Funds, SEC Enforcement, Securities Regulatory
As Litigation Risk Increases, Private Equity Sponsors Should Re-Evaluate Their Professional Liability Insurance Programs
By Joel Cavanaugh, Michael R. Hackett and Timothy W. Mungovan on Posted in Private Investment Funds
Managing Litigation Risk: Critical Questions for Private Equity Professionals Serving on Portfolio Company Boards
By Joel Cavanaugh, Michael R. Hackett and Timothy W. Mungovan on Posted in Private Investment Funds
Private Equity Endures Heightened Public Scrutiny
By Joel Cavanaugh, Michael R. Hackett and Timothy W. Mungovan on Posted in Corporate Governance, Private Investment Funds, SEC Enforcement
Don’t Get Burned by the “Sunshine:” Risk Factors for Venture Capital Firms in an Era of Increasing SEC Scrutiny
By Joel Cavanaugh, Michael R. Hackett and Timothy W. Mungovan on Posted in Corporate Governance, Financial Services, Securities Regulatory
