|
|
Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > General
Exits are the lifeblood of private equity: for private equity
investors, at the top of their list of priorities when making an
investment is an understanding of when and how they will realise it
in due course. The methods of exiting private equity investments
have developed over the years, and particularly as a result of the
hyper-competitive market for quality assets and disruption caused
by global macro-economic events such as the novel coronavirus
pandemic. To the usual trade sales and initial public offerings
(IPOs) have been added secondary, tertiary (and more) buy-outs,
refinancings, partial sales, private equity house spin-outs,
liquidations and an increasing number of "fund-to-fund" transfers.
In these uncertain times, private equity houses will continue to
put a significant focus on what options might be available to them
to realise their portfolio investments, being mindful of not just
the economic risks, but also the legal, tax, regulatory and
reputational issues at stake. Management teams are key to this
process and their economic, commercial and personal priorities
cannot be underestimated in what is a very complex environment of
often conflicting aspirations. This practical guide features
contributions by leading specialists (including from Latham &
Watkins, Linklaters, Macfarlanes and Ropes & Gray) on a range
of topics linked to the exit of private equity investments. Topics
featured include preparing for exits, vendor diligence, management
issues, auction sales, partial exits, private equity house
spin-outs, IPOs, refinancing, winding-up, tax and perspectives from
Luxembourg, the US and views on the emerging markets. The third
edition also includes analysis on emerging and established trends
impacting exit terms, including early management liquidity, the
prevalence of insurance solutions and related party or fund-to-fund
exits. Together, the contributors provide an invaluable guide to
the legal, regulatory, tax and practical elements in play. Whether
you are a lawyer in practice or in-house, this commercially focused
title will provide you with an invaluable all-round overview of
private equity exits.
This book is the first book-length analysis of investor
accountability under general and customary international law,
international human rights law, international environmental law,
international humanitarian law, as well as international investment
law. International investment law is currently facing growing
criticisms for its failure to address corruption, abuse,
environmental damage, and other forms of investor misconduct.
Reform initiatives range from the rejection of international law as
a governing regime for investors, to the dramatic overhaul of
investment treaties that supposedly enable investor overprotection,
to the creation of a multilateral international instrument that
would enable the litigation of claims against errant businesses
before an international tribunal. Whether these initiatives succeed
in disciplining investors remains to be seen. What these
initiatives undeniably show however, is that change is warranted to
counteract this lopsided investors' international law. Each chapter
in the book addresses a different and underexplored dimension of
investor accountability, thus offering a novel and consolidated
study of international law. The book will be of immense assistance
to legal practitioners, academics and policy makers involved in the
design, drafting, application and reform of various international
instruments addressing investor accountability.
This is a topical area for the courts, which have moved to imply
various limitations or tests on decision makers powers and when
they can be challenged. This is made more difficult for lay users
and lawyers alike in that implied restrictions are (by definition)
not apparent from the words of the relevant contract itself. These
limits are applied by the courts not just to fiduciaries (such as
trustees or directors), but also to non-fiduciaries (eg banks and
employers). Recent case law includes: * Pitt v Holt (SC) - trustee
decisions (2013) * Braganza (SC) - contractual discretions (2015) *
Eclairs (SC) - directors powers: proper purposes (2015) * IBM UK
Holdings v Dalgleish (CA) - employer powers under pension plans
(2017) * British Airways (CA)- pension plan - proper purposes
(2018) The book reviews the relevant doctrines of: * Interpretation
rules * Proper purposes; * Due consideration of relevant factors *
Full perversity (no reasonable decision maker)
State pensions are the largest item in the UK social security
budget, costing GBP96.7 billion in 2017/18. In the same year, 45.6
million people were members of UK occupational pension schemes (out
of a total population of 66.4 million) and the total amount saved
into workplace schemes in 2018 was GBP90.4 billion. A consequence
of the pensions sector's large size has been that pensions law and
social security law have become increasingly specialised areas of
practice. Yet despite their social and economic importance and the
fascinating legal issues they generate, pensions have not been the
subject of sustained academic attention. This book starts to fill
this gap by initiating a dialogue between practitioners and
scholars working on pensions law and policy, groups who have much
to learn from one another.
|
|