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Private Equity Fund Exposure and Protection: Leading Lawyers on Weighing Investment Risks, Structuring Prudent M&A Transactions, and Preparing for Increased Government Involvement (Inside the Minds)

Private Equity Fund Exposure and Protection

  • Author:
  • Publisher: Aspatore
  • ISBN: 9780314207333
  • Published In: June 2009
  • Format: Paperback , 500 pages
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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Leading Lawyers on Weighing Investment Risks, Structuring Prudent M&A Transactions, and Preparing for Increased Government Involvement

This title provides strategies for identifying and minimizing risks in private equity fund formations, portfolio company transactions, and merger and acquisition deals. Featuring partners and chairs from some of the nation's leading law firms, this book offers insight into the risks that private equity funds and fund managers face, the legal or contractual obligations of funds and managers with respect to these risks, and the measures that can be taken to reduce them. The authors offer their advice for assisting clients in limiting liability, performing thorough due diligence, making wise acquisitions, timing exits, and preventing losses during a distressed economic period.

Karl M. Ahlm
 
Karl M. Ahlm is a member of DLA Piper LLP (US)’s corporate and securities group, and he focuses his practice on mergers and acquisitions, private equity, and venture capital. He regularly represents private equity fund clients in connection with structuring and executing leveraged buyouts and other portfolio company transactions, and equity investments and co-investments. He also represents public and private companies in mergers, acquisitions, and divestitures, including cross-border merger and acquisition transactions, and financing transactions, including senior and mezzanine financings. He also acts as outside counsel to several growth-oriented companies.
 
Elliot Hinds
 
Elliot Hinds, a partner in Goodwin Procter’s business law department and a member of its private equity, leveraged finance, and energy practices, has extensive experience in the areas of debt financing, mergers and acquisitions, project development and finance, and corporate and commercial transactions. He represents a wide variety of businesses in the milestones of debt financing, mergers and acquisitions, corporate structuring, and strategic commercial contracting that occur in their development and life cycles. His client work includes representation of private equity firms, hedge funds, and other investors, borrowers, and lenders in all aspects of secured and unsecured finance transactions, including senior, mezzanine, and junior acquisition and bridge loan arrangements. In addition, he counsels clients in the structuring and negotiation of mergers and acquisitions, and joint venture transactions, as well as in the financing needed to complete merger and acquisition transactions. He also has extensive energy experience, having represented developers, lenders, and investors in the development, financing, purchase, and sale of renewable (including wind, geothermal, solar, and biomass) natural gas, cogeneration, and coal-fired electric power projects, liquid natural gas, and bioethanol facilities and transportation projects.
 
Q. Scott Kaye
 
Q. Scott Kaye, a partner in Goodwin Procter’s business law department and member of its corporate practice, has extensive experience in advising sponsor finance lenders, private equity funds, and their portfolio companies on finance and restructuring matters. He typically represents lenders and borrowers, specializing in assisting financial buyers such as private equity and hedge funds, in acquisition financing, asset-based lending, bridge financing, liquidity lines, mezzanine and subordinated debt, second lien financing, and debtor-in-possession financing, and trustees, debtors, debtor-in-possession lenders, and creditors in out-of-court workouts and formal bankruptcy proceedings. He has advised clients on more than $56 billion in debt financing and restructuring in over a hundred transactions in recent years. He has done extensive work in negotiating and documenting all aspects of complex credit documents, subordinated and mezzanine debt positions, advising clients on corporate asset isolation strategies, and the use of special purpose vehicles. His knowledge of technology allows him to understand the complexities unique to asset-based lending, asset acquisitions, and other financing arrangements in the technology sector or the implementation of new technologies in projects.
 
David A. Rines
 
David A. Rines is a partner with Thompson Hine LLP in the firm’s corporate transactions and securities practice group. He has substantial experience in private equity and venture capital financing, and he has represented a number of private equity funds, hedge funds, joint ventures, general partners, limited partners, and portfolio companies in fund formations, venture capital investments, and general operational matters. He also has significant experience in mergers and acquisitions, initial and follow-on registered public offerings, 1934 Securities Exchange Act reporting requirements, and general private and public company representation. Mr. Rines is admitted to practice in Ohio, Massachusetts, and Connecticut. He is a frequent author and speaker on his areas of expertise, and he is a member of the American and Cincinnati Bar Associations. He earned his B.S. in physics and government, with high honors, from the University of Notre Dame and his J.D. from the University of Virginia School of Law.
 
Alan Rubin

Rubin is a shareholder in the tax and corporate departments of the law firm of Cole, Schotz, Meisel, Forman & Leonard PA. His practice concentrates on private equity transactions and tax matters, with particular emphasis on mergers and acquisitions, secured and revolving credit facilities, joint ventures, and reorganizations. He also has extensive experience in implementing tax, business, and estate planning strategies for closely held businesses and venture capital.

Rubin is a certified public accountant and is admitted to the bars of New Jersey, New York, Pennsylvania, the District of Columbia, and the U.S. Tax Court. He earned his bachelor’s degree, magna cum laude, and his master’s degree from the Wharton School of the University of Pennsylvania. He earned his J.D., magna cum laude, from the University of Pittsburgh School of Law and an advanced L.L.M (in taxation) degree from the New York University School of Law.

Rubin is a contributing author to the annual New Jersey Tax Handbook, published by American Lawyer Media. He has served on several committees of the New Jersey Bar Association and the New Jersey Society of Certified Public Accountants. He has also addressed symposia sponsored by the New Jersey Bar Association, the New Jersey Society of Certified Public Accountants, and local business groups. He has lectured to the MBA programs at the Wharton School of the University of Pennsylvania and the Graduate School of Business of Columbia University. Rubin is a member of the board of trustees of the metropolitan New Jersey chapter of the National Multiple Sclerosis Society. In addition, he was appointed to the citizen’s financial advisory committee of Millburn Township, N.J. He has been awarded the highest rating of AV for his professionalism and the quality of his legal work from Martindale-Hubbell. He has been selected by his peers to be included in both the Best Lawyers in America and New Jersey Super Lawyers.

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