Private Equity

Expert Analysis

• Rebuttal

  Legal Industry Should Pursue AI Prediction Progress

  

  As part of the debate prompted by my recent Law360 guest article on legal prediction using artificial intelligence, I would like to unpack four issues and suggest that attorneys and technologists continue to tackle the problems presently within reach, says Joseph Avery at Claudius Legal Intelligence.

• What Companies Should Know About Direct Listings

  

  Several recent and pending direct listings have shone a spotlight on the benefits and limitations of this alternative to traditional initial public offerings as an exit strategy for late-stage companies, says Louis Lehot of L2 Counsel.

• Solutions To 4 Common Law Firm Diversity Challenges

  

  A workshop recently held by the California Minority Counsel Program provides steps law firms can take toward solving minority attorneys' limited access to social capital and lack of meaningful investment, as well as other obstacles to diversity and inclusion, says Alexandra DeFelice, director of marketing and business development at Payne & Fears.

• Key Clarifications In IRS Carbon Capture Tax Credit Guidance

  

  Recently issued IRS guidance on carbon oxide sequestration tax credits takes an essential step toward providing project developers and investors with a clear regulatory framework, even though further instruction is needed for taxpayers to confidently claim credits in new projects, say attorneys at Steptoe & Johnson.

• When Coronavirus May Trigger SEC Disclosure Requirements

  

  Amid uncertainty over the global impact of coronavirus, companies across a variety of industries should evaluate several factors to determine when specific outcomes compel U.S. Securities and Exchange Commission disclosures, says Adele Hogan at Nelson Mullins.

• Rebuttal

  Discrimination Cases Are Too Complex For AI Fee Prediction

  

  A recent Law360 guest article criticizing the New Jersey Supreme Court’s ruling in Balducci v. Cige overlooks the intricate nature of discrimination cases, which renders artificial intelligence an insufficient tool for predicting time and cost, says Paul Aloe at Kudman Trachten.

• Courts May Clash With Litigants Over Document Review Tech

  

  As courts increasingly accept technology-assisted document review, some are bordering on forcing parties to employ TAR, in which case attorneys may need to step in if their clients prefer other processes, say Donna Fisher and Matthew Hamilton at Pepper Hamilton.

• Rebuttal

  AI Can't Accurately Predict Case Length And Cost — Yet

  

  A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

• Opinion

  PE Investors Should Reject Life Tenure For General Partners

  

  Institutional investors in private equity and venture capital funds should push back against limited partnership agreements that make it impossible to remove a general partner for any reason, say Kenneth Witt and Marc Lieberman at Kutak Rock.

• The Advantages Of PE Sponsor-Strategic Partnerships

  

  Several recent mergers and acquisitions concentrated in the health care sector illustrate a growing trend of private equity sponsors teaming up with strategic buyers in innovative ways that provide value for both sides, say attorneys at Debevoise.

• A Good Year Ahead For Energy Infrastructure M&A

  

  Recent policy developments and investment trends in China, Europe and the United States offer a number of compelling reasons to expect that energy infrastructure M&A deals will be strong in 2020, say attorneys at Hogan Lovells.

• What Health Care FCA Trends Tell Us About The Year Ahead

  

  The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.

• Lawyers Can Build Trust Through The Spoken Word

  

  As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

• Opinion

  Legal Prediction Is Demanding But Not Impossible

  

  The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

• Effective AML, Anti-Bribery Programs Hinge On Collaboration

  

  Amid increasing risk exposure from financial services companies' partners, clients and affiliates, opportunities exist to leverage processes across firms' anti-money laundering and anti-bribery and corruption programs, says Michelle Goodsir at K2 Intelligence.