ArticleStreamlined Regulation Of Healthcare Software PlatformsHealthcare software as a service ("SaaS") platforms continue to be attractive targets for private equity sponsors and their portfolio companies.United KingdomFood, Drugs, Healthcare, Life SciencesKirkland & Ellis International LLP
ArticleRegulatory Risk — Uncertainty Is The Only CertaintyOne of the prevailing themes of M&A over the last two years is the increase in regulatory uncertainty in the U.S. and abroad. While primarily in the antitrust realm, expanded national security regimesUnited StatesCorporate/Commercial LawKirkland & Ellis International LLP
ArticleSEC Settles With Private Fund Manager And Its Principals Over Alleged Misuse Of Fund AssetsOn May 6, 2019, the SEC entered into a consent order ("Order") with a private equity fund manager and certain of its principals alleging, in part, that the manager misused the assets of one of its private funds to the advantage of the manager and certain of its principals.1 According to the Order:United StatesFinance and BankingKirkland & Ellis International LLP
ArticleCalifornia Oil & Gas Legislation Takes Effect, Could Impact ProductionOn January 17, 2020, California's Attorney General filed a complaint in the U.S. District Court for the Central District of California...United StatesEnergy and Natural ResourcesKirkland & Ellis International LLP
ArticleHIPAA: Big Data, Big IssuesHealthcare data has assumed an increasingly valuable role in healthcare targets, ranging from traditional providers to cutting-edge health IT platforms. United KingdomFood, Drugs, Healthcare, Life SciencesKirkland & Ellis International LLP
ArticleUpcoming Deadline For Form SHL (Holdings Of U.S. Fund Interests By Non-U.S. Persons)The U.S. Treasury Department is in the process of conducting a survey of foreign ownership of U.S. securities as of June 30, 2019.United StatesFinance and BankingKirkland & Ellis International LLP
ArticleJury Orders Express Scripts To Pay $82 Million In Sale Fraud SuitExpress Scripts Inc. will have to pay a Parthenon Capital Partners subsidiary $82.1 million after a Delaware jury found that Express had fraudulently inflated the price United StatesCriminal LawKirkland & Ellis International LLP
ArticleReconciling Overlapping General And Specific Contract TermsMany legal contracts, including purchase agreements, include multiple instances where the same subject matter may be covered...United StatesCorporate/Commercial LawKirkland & Ellis International LLP
ArticleHow Anti-Corruption Issues Can Derail A Project: A Case Study On The Recent Cancellation Of The Codelco Desalination Project In ChileCodelco's executives informed MTT that they were opting to cancel the concession award (the concession agreement itself was not yet signed) in light of a decision to revise the project structure.United StatesCriminal LawKirkland & Ellis International LLP
ArticleOCIE Risk Alert Relating To Safeguarding Customer Records And Information In Cloud-Based And Other Network StorageOn May 23, 2019, the SEC's Office of Compliance Inspections and Examinations ("OCIE") issued a Risk Alert regarding the storage of electronic customer records in network and cloud-based United StatesTechnologyKirkland & Ellis International LLP
ArticleFamily Offices: Cybersecurity Threats And Best PracticesThe ongoing coronavirus pandemic has dramatically shifted work patterns for many family offices, increasing the degree to which employees are using IT infrastructure...United KingdomFamily and MatrimonialKirkland & Ellis International LLP
ArticleProposed IRS Regulations Impose Withholding Tax On Funds When A Partner Sells Or Transfers Its InterestOn May 7, 2019, the Internal Revenue Service ("IRS") issued proposed regulations under the 2017 Tax Cuts and Jobs Act1 ("TCJA") United StatesTaxKirkland & Ellis International LLP
ArticleSEC Risk Alert Cites Frequent Principal And Agency Cross Trading Issues For AdvisersOn September 4, the SEC's Office of Compliance Inspections and Examinations ("OCIE") issued a Risk Alert (the "Risk Alert") United StatesCorporate/Commercial LawKirkland & Ellis International LLP
ArticleUK Supreme Court Case Tracker: Unwired Planet v Huawei; Conversant v Huawei And ZTE — Day 1 Of 4Arguably the most significant FRAND hearing in history started on 21 October 2019 in the UK, with Huawei making its opening submissions to the panel of five UK Supreme Court Justices.United KingdomIntellectual PropertyKirkland & Ellis International LLP
ArticleLurking Questions for Board ObserversA recent Federal appellate court decision on potential liability of board observers under the securities laws is a useful reminder that the legal statusUnited StatesCorporate/Commercial LawKirkland & Ellis International LLP
ArticleHow Junior Litigators Can Shape A Case Through Written DiscoveryKirkland & Ellis attorneys outline key training steps that help their associates be thoughtful and strategic in handling written discovery. United StatesLaw Department PerformanceKirkland & Ellis International LLP
ArticleRecent SEC And PCAOB Enforcement Actions Signal Increased Focus On Independence Controls And Non-U.S. FirmsSEC and PCAOB regulations impose stringent requirements to ensure that auditors of SEC registrants are independent of their audit clientsUnited StatesAccounting and AuditKirkland & Ellis International LLP
ArticleSupreme Court Holds Bankrupt Trademark Licensor Cannot Revoke LicenseTrademark licensees now have less reason to be concerned if their licensor files for bankruptcy in the U.S. The U.S. Supreme Court held in Mission Product Holdings, Inc. v. Tempnology LLC...United KingdomIntellectual PropertyKirkland & Ellis International LLP
ArticleIRS Releases First Wave Of Carbon Sequestration Tax Equity GuidanceThe IRS issued much-anticipated guidance for the carbon sequestration tax credit under section 45Q of the Internal Revenue Code on February 19, 2020...United StatesEnergy and Natural ResourcesKirkland & Ellis International LLP
ArticleE-Discovery Experts Could Increase Fed. Court EfficiencyElectronic discovery continues to be a topic that takes up a significant amount of time and attention of parties engaged in large-scale litigationUnited StatesLitigation, Mediation & ArbitrationKirkland & Ellis International LLP