Tackling Tougher Valuation Standards for Private Equity Funds

In December 2019, The Wall Street Journal published an article outlining tougher valuation standards for Private Equity funds. The article titled, Tougher Valuation Standards Raise the Bar for Managers and Investors, discusses the following: The SEC views valuation as the responsibility of the fund; Heightened scrutiny has prompted more funds…
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Recent SEC Mispricing Cases: Best Practices in Valuation

SEC Actions - Fund Investment "Mispricing" and "Mismarking" Overview: The SEC’s Office of Compliance Inspections and Examinations (“OCIE”) has named valuation practices as one of its areas of focus in both investment advisor and investment company examinations. Best practices and procedures that can help meet greater SEC regulation and scrutiny…
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Understanding Valuations of Unicorns in 2019

When venture capitalist Aileen Lee coined the term “unicorn” in the fall of 2013 to describe a VC-backed company valued at $1 billion or more, it was a fitting description of an exceptionally rare phenomenon, with around 40 companies in the world holding such title. While unicorn status is still…
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New Cases Added to Our 2019 Solvency Compendium

In re Tribune Company Fraudulent Conveyance Litigation (April 2019) ----- U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK RULED THAT PAYMENTS IN A LEVERAGED BUYOUT TO THOUSANDS OF SHAREHOLDERS ARE PROTECTED BY SAFE HARBOR BECAUSE HAVING A TRADITIONAL FINANCIAL INSTITUTION AS AN INTERMEDIARY IN THE TRANSACTION CAN QUALIFY…
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New Cases Added to Our 2019 Fairness Compendium

Case #1: Verition Partners Master Fund Ltd. v. Aruba Networks, Inc. (April 2019) THE SUPREME COURT OF DELAWARE REJECTED THE CHANCERY COURT’S DEPENDENCE ON THE 30-DAY AVERAGE UNAFFECTED STOCK PRICE IN DETERMINING FAIR VALUE AND ENDORSED DEAL-PRICE-MINUS-SYNERGIES AS THE FOUNDATIONAL METHOD IN DETERMINING FAIR VALUE OF ARUBA’S STOCK. ------- A…
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