J.P. Duffy

Gearing up for #climate disclosure rules and AI-backed government #enforcement. Plus the board’s critical role in a spin-off, full disclosure about conflicts and how #directors can engage #shareholders. All in this issue of The Informed Board. #ai #artificialintelligence #esg #boardsofdirectors #corporategovernance #capitalmarkets #mergersandacquisitions

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I'm excited to share some key insights from a recent keynote panel I moderated at the 12th annual Private Equity Forum hosted by Markets Group titled "Global Private Equity Investing." The discussion with industry experts was illuminating. Here are some of my takeaways: 📈 Market Recovery Signs: The PE landscape is showing signs of resilience with deal activity finding its footing and capital markets on the upswing. 🔍 Importance of Management: Opportunities in PE are often driven by effective management and the unique motivations of founders. 🌱 Long-Term Focus: Investors would do well to keep their eyes on long-term structural trends instead of getting distracted by short-term buzz. 💰 DPI is the New IRR: There's a noticeable pivot toward Distributions to Paid-In Capital (DPI) ratio as liquidity becomes a heightened priority for investors. Thank you to the panelists - Peter Cornelius, Sean Ward, Fanglu Wang, Vincenzo La Ruffa, and Arslan Mian - for such an engaging discussion.

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As reflected in the December 2023 merger guidelines, the FTC and DOJ have changed the way they think about out-of-market effects. My colleagues unpack this new approach, which was prominently demonstrated during the Jet Blue Airways-Spirit Airlines merger, and provide practical considerations on the implications for firms contemplating mergers and acquisitions. Read the article at the link below!

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As reflected in the December 2023 merger guidelines, the FTC and DOJ have changed the way they think about out-of-market effects. My colleagues unpack this new approach, which was prominently demonstrated during the Jet Blue Airways-Spirit Airlines merger, and provide practical considerations on the implications for firms contemplating mergers and acquisitions. Read the article at the link below!

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As reflected in the December 2023 merger guidelines, the FTC and DOJ have changed the way they think about out-of-market effects. My colleagues unpack this new approach, which was prominently demonstrated during the Jet Blue Airways-Spirit Airlines merger, and provide practical considerations on the implications for firms contemplating mergers and acquisitions. Read the article at the link below!

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This Inside Class Actions quarterly update features posts discussing the Supreme Court’s recent opinion regarding “pure omissions” claims, new rules from the American Arbitration Association meant to address mass arbitration, new developments from the United Kingdom, and more: https://okt.to/Erm4PY #ClassActions

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New York partner, David Olstein, was recently quoted in a Law360 article discussing the finalized regulations of the U.S. Department of Labor, which have expanded the criteria for individuals qualifying as fiduciaries under the Employee Retirement Income Security Act. This change will bring more investment advisers under the purview of federal benefits law. Click here to read the full article. #ERISA #Regulation #Fiduciary #Benefits

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Could the recent Supreme Court ruling in Macquarie Infrastructure Corp. v. Moab Partners have implications for future securities class actions covered by Directors and Officers insurance? In a recent interview with Law360 Insurance Authority, partner Bradley Nash explains that the decision, which clarifies that a “pure omission” in an SEC filing cannot give rise to a securities fraud claim, removes “one arrow” from “the quiver of the plaintiff’s bar.” However, in Brad’s view, it is unlikely to have a dramatic effect on D&O coverage for securities fraud litigation going forward. Read more here: https://lnkd.in/e9JfnWVD.    #Insurance #Compliance #Securities 

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Check out this great summary of the new FDA guidance on “platform” technologies from Goodwin partners Julie Tibbets, Susan Lee and Steven Tjoe.

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As reflected in the December 2023 merger guidelines, the FTC and DOJ have changed the way they think about out-of-market effects. My colleagues unpack this new approach, which was prominently demonstrated during the Jet Blue Airways-Spirit Airlines merger, and provide practical considerations on the implications for firms contemplating mergers and acquisitions. Read the article at the link below!

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Worldwide M&A activity totaled U.S. $1.5 trillion during the first half of 2024, an 18% increase compared with the same period one year ago. U.S. M&A activity totaled $813.1 billion, an increase of 39% compared with the first half of 2023.

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In an article for Law360’s “Expert Analysis,” Robinson+Cole’s Peter Knight, John Casey and Eden Yerby cover recent challenges to offshore wind projects and how an anticipated ruling by the U.S. Supreme Court may upend long-standing principles of deference to federal agency decision making. “The court’s decision could influence the agencies’ rulemaking process, how agencies interpret their statutory authority, and the deference that courts apply to those interpretations,” they write. “While the statutes and regulations governing the approval process for offshore wind projects will remain constant, at least for the time being, the federal courts’ framework for reviewing agencies’ decision making based on those rules could be subject to upheaval.” https://lnkd.in/eUMVEVeV #offshorewind #winddevelopment #SCOTUS

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Latham's latest #PrivateCapital Insights report examines market trends and developments impacting private capital investors across a range of asset classes. Learn more https://lw.link/eE7Bdt

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The New York Appellate Division, Second Department recently issued a noteworthy decision concerning how to evaluate the enforceability of a restrictive covenant, such as a covenant not to compete, in an ordinary commercial contract. In a new #ClientAlert, Partners Peter Shapiro and Adam Hoffman explore the implications of the #appeals court's ruling in Twitchell Tech. Prods., LLC v. Mechoshade Sys., LLC, which applied a "rule of reason" analysis aimed at balancing the competing public policies in favor of robust competition and freedom to contract. Read the full alert on our website. #BusinessLaw #CommercialLaw #CommercialContracts #AppellateLaw #NewYorkLaw

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What can companies do to prepare for the FTC’s broad ban on noncompetes while challenges to the new rule play out in court? Rulings are expected in July 2024 in two of those cases, well before the rule takes effect in September. Joseph Rancour | Tara Reinhart | David Schwartz | Annie Villanueva Jeffers #antitrust #competition #executivecompensation #laborlaw

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Proskauer's Top Ten Regulatory and Litigation Risks for Private Funds in 2024 - Risk #5 = Adviser-Led Secondaries, and specifically the SEC's views. #proskauer #litigation #regulation #privatefunds #assetmanagers #assetmanagement

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In the December 2023 merger guidelines, the FTC and the DOJ have shifted their perspective on out-of-market effects. My colleagues delve into this fresh approach, exemplified by the Jet Blue Airways-Spirit Airlines merger, and offer practical insights for companies considering mergers and acquisitions.

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In the December 2023 merger guidelines, the FTC and the DOJ have shifted their perspective on out-of-market effects. My colleagues delve into this fresh approach, exemplified by the Jet Blue Airways-Spirit Airlines merger, and offer practical insights for companies considering mergers and acquisitions.

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In the December 2023 merger guidelines, the FTC and the DOJ have shifted their perspective on out-of-market effects. My colleagues delve into this fresh approach, exemplified by the Jet Blue Airways-Spirit Airlines merger, and offer practical insights for companies considering mergers and acquisitions.

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