In this article – the second in our series on cybersecurity and the private equity industry – we discuss some of the steps that private equity firms can take, before a breach occurs, to combat cyber threats to the firm, the funds that it manages, and their portfolio companies.

Many sophisticated M&A practitioners understand the value of using insurance in the context of M&A transactions, including not only policies that insure representations & warranties, but also those covering tax, litigation, fraudulent conveyance, successor liability and other contingent risks.
  • Michael Schoenbach
  • Eric Ziff
Employers in New York, among them many financial sponsors and their portfolio companies, have an extraordinarily powerful legal weapon at their disposal to wield against employees found to have engaged in disloyal conduct.
In several recent decisions, two judges on the United States District Court for the Southern District of New York adopted an interpretation of the U.S. Trust Indenture Act of 1939 that can be expected to complicate future exchange offers and, in some cases, force bond restructurings that might otherwise have been completed out-of-court to be effectuated through a bankruptcy filing.
Since the United States introduced the Foreign Account Tax Compliance Act into the world, FATCA forms have become ubiquitous among private funds.  Once the can was opened, the worms started to escape.  Now, it is common to see not just a FATCA form but also a “UK FATCA” or “CDOT” form in many fund subscriptions packs—with new forms to come.  
Russian civil and corporate laws are undergoing significant changes, which will have an impact on M&A deals involving Russian companies. This article provides a quick overview of those amendments that are likely to be relevant for private equity firms active in Russia.
Proposed amendments to the UK Limited Partnerships Act 1907, the principal legislation governing English and Scottish limited partnerships, are intended to “ensure that the UK limited partnership remains the market standard structure for European private equity and venture capital funds….”
Click here for a list of (and links to) Debevoise & Plimpton Client Updates published since our last issue.
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. 
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The Private Equity Report

Fall 2015
Vol. 15, Number 2
prior issues