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Representatives of asset managers often take up positions on the boards of portfolio companies. We have written posts before on some of the litigation and regulatory risks that can...
The English Supreme Court considered the extent to and when directors of an English incorporated company must take account of the interests of creditors. This decision means English law is now confirmed as taking a different approach to Delaware and other US jurisdictions.
Last year, we wrote, "The regulatory and litigation risks for private funds are greater than at any time since the financial crisis in 2008."
None of this is to say that we are concerned for the private funds industry. Consumer confidence and spending remain robust, capital remains historically cheap, and private equity investment is strong, but the current market and regulatory environment is unlikely to persist.
Last year, we wrote, “The regulatory and litigation risks for private funds are greater than at any time since the financial crisis in 2008.” That statement is even more true today.