Republican leaders in Congress are eager for significant U.S. tax reform post-election.  Such reforms may well upend many fundamental tax principles under which businesses have operated for decades.

Substantial financial regulatory changes are expected during a Trump Administration, including changes impacting banking, private equity, capital markets and SEC enforcement activity.
In his November 14, 2016 client memo, Oaktree Capital Management’s Co-Chairman, Howard Marks, reflects on political forecasting, the outlook for the Trump Presidency and the U.S. electoral college.
Because self-reporting to the SEC affords little measurable credit while guaranteeing a negative outcome in the form of at least an investigation (and likely an enforcement proceeding), private equity firms need to think long and hard before self-reporting misconduct or violations of the U.S. federal securities laws.
This article seeks to provide a road map for improved execution of workout transactions by briefly summarizing the recent court activity relating to out-of-court restructurings and pointing out some key best-practices in light of recent developments.
This article reviews the evolution of key conditionality terms in private equity-led going-private deals over the past two decades.
During his campaign, President-elect Trump made critical comments concerning U.S. international trade agreements, the Paris climate accord and the Iran nuclear deal. Under the U.S. Constitution, the President is vested with broad power to act in the sphere of foreign affairs, but that Executive power is not absolute.
Recent SEC enforcement actions are important reminders for employers to review all agreements that they have with current and former employees, to ensure that any confidentiality provisions do not explicitly or implicitly prohibit protected whistleblowing activities.
The 2016 elections will have important consequences for the U.S. healthcare industry. In this article we try to read the tea leaves, despite the absence of any detailed policy proposals by President-elect Trump.
Recent analysis suggests that the SEC staff repeatedly focuses on a short list of disclosure topics when reviewing IPO registration statements of private equity portfolio companies.
A £400,000 fine against a UK telco charged with having inadequate data security reminds companies (and those who own them) to regularly reassess their cybersecurity risk profile—particularly in the context of post-M&A integration—and ensure that their systems and controls meet regulators’ latest expectations.
The final U.S. debt equity regulations provide welcome relief for the private equity industry. The IRS did not apply the final rules to typical blocker structures, and it also limited the reach of the attribution rules, which as originally proposed could have caused third-party commercial loans between private equity portfolio companies and banks to be subject to these rules.
The Private Equity Report Editorial Board

This report is a
publication of
Debevoise & Plimpton LLP


Paul S. Bird

Andrew M. Ahern
Jennifer L. Chu
Rafael Kariyev
Scott B. Selinger
Simon Witney

Alicia E. Lee
Associate Editor


Franci J. Blassberg

All contents @2018 Debevoise & Plimpton LLP. 
All rights reserved.




















The Private Equity Report

Fall-Winter 2016-17
Vol. 16, Number 3
prior issues