Legal & Regulatory Bulletin – Issue No. 26, Fall 2018

The regulatory environment continues to move at a fast pace. What was previously considered market practice has moved rapidly to become negotiable, an array of issues are likely to give rise to disputes in relation to private equity investments. Many entities doing business in the European Union have not only updated their procedures in light of the General Data Protection Regulation but are taking the opportunity to improve the way they manage personal data generally. Increasing interest in evergreen funds invites novel questions. The current Legal and Regulatory Bulletin offers thoughtful discussion of aspects of each of these developments.


Topics Covered In This Bulletin

  • EU General Data Protection Regulation—A Primer for Funds and Portfolio Companies: Data protection is a fundamental right in the EU. This article addresses how private equity funds are addressing the new regulations and what are the extraterritorial applications as well as other implications and consequences of compliance failures.
  • Permanent Capital Vehicles: This article deals with the liquidity quandary. Evergreen funds aren’t a new concept, but absent a fixed termination date, what are some innovative approaches investors take to address liquidity issues these funds raise?
  • Structuring India Focused Funds: This article highlights rising trends in negotiations among investors and fund managers in India. With overall investments in India gaining, the dialogue around traditionally “market practice” terms are increasingly open to negotiation. What are some key fund terms and trends?
  • Disputes in Relation to Private Equity: With deal activity on the rise so is the risk of disputes. What are some areas of dispute and recent examples?