July / August 2010 Issue
TA Associates hires IR exec
The mid-market firm has bolstered its investor relations team to better address transparency demands from LPs.
Pillsbury picks up Nixon Peabody’s PE team
Mats Carlston, who led Nixon Peabody’s global finance team, is joining Pillsbury along with 13 others.
US Senate votes down carried interest tax
A re-tooled version of the bill will likely face another vote on Friday as senators continue to negotiate.
New York backtracks on carried interest tax hike
State legislators, after considering raising the tax rate on carried interest for managers that work in New York but live outside the state, have let the idea fall by the wayside.
New Mexico seeks legal recourse on placement debacle
The state oil and gas endowment is seeking a firm to help it investigate and possibly pursue legal action in the wake of a pay-to-play scandal.
AIFM decision postponed until September
An agreement on the adoption of the Alternative Investment Fund Managers directive has been postponed until September.
Schiff Hardin hires Merrill Lynch counsel
Carlos Morales, a 20-year veteran of Merrill Lynch, worked with the firm’s private client, asset management and operations businesses on a variety of legal and compliance matters.
SEC registration, Volcker rule to become law
The US Congress today passed sweeping financial reform legislation, which includes the so-called Volcker Rule and required SEC registration for private equity firms
ACA goes transatlantic
The regulatory compliance firm has acquired a controlling stake in London and Jersey-based Blueprint Compliance. The newly created cross-border regulatory compliance consultancy practice is set to address the recent influx of far-reaching financial regulations.
Villalobos plans to sue CalPERS for $10m
Alfred Villalobos, the embattled placement agent accused of bribery, said he plans to sue CalPERS for spreading 'lies' about him.
Eversheds names new private equity head
The London-based law firm promoted partner Richard Moulton to lead its private equity practice.
AIFM directive could impact secondaries
The pending EU legislation could have the unintended consequence of blocking certain sales or bidders for LP interests, depending on the final text's definition of 'marketing'.
Court rules on fund ‘solicitation’
A Massachusetts’s court ruling on hedge fund group Bulldog Investors could have implications for private equity GPs.
Dubai relaxes rules on fund management
The DFSA’s latest moves are meant to make Dubai’s fund regime more attractive to fund managers.
Dodd-Frank to reduce pool of 'accredited investors’
Individuals’ homes will no longer count as part of their net worth, potentially resulting in fewer people with sufficient wealth to invest personally in private equity.
Some foreign GPs to face US SEC registration
Non-US based firms will be exempt from registration if they have fewer than 15 US-based LPs and clients and less than $25m in combined US investor assets.
UK ministers: AIFM must not hinder access
A debate in the House of Lords over the EU’s pending AIFM legislation yielded little progress, as key issues including third country rules and disclosure requirements have yet to be resolved.
News Analysis: Left behind
Foreign LPs invested in USD funds are seeing a conflict of interest as parallel RMB vehicles rack up deal after deal, writes Jenny Blinch.
New Mexico SIC targets firms, advisors for recovery
The $14bn oil and gas endowment has hired Day Pitney to pursue fee and investment loss recovery from private equity firms to which SIC committed capital based on reasons ‘other than great returns’.
Blackstone offers 80% deal-fee share on Fund VI
The firm, which anticipates closing Fund VI on $13.5bn, agreed to an 80/20 transaction fee split for Oregon with a slight increase in the management fee. Blackstone is offering all Fund VI LPs the deal.
News Analysis: Renewing the vows
GPs who need a little more time to find deals are asking for extensions. LPs should use these requests as a chance to ‘re-underwrite’ the relationship.
Secondaries bids soar in H1 2010
The average high bid for partnership interests across all asset classes reached almost 80% of NAV in the first half of 2010, according to data from Cogent Partners.
GPs seek investment period extensions
Montagu, Graphite, BC Partners and MatlinPatterson are among the firms whose LPs have granted fund investment extensions.
SEC unit to increase focus on private equity
The US Securities and Exchange Commission's alternatives investigation unit is ramping up its focus on private equity, including taking a closer look at side letters.
SEC registration will add work to fundraising
A panel at PEI’s compliance forum earlier this week talked about the tough fundraising environment, placement agents and the effects forced registration would have on marketing new funds.
SEC approves ban on unregistered placement agents
In a softening of the original proposal, the SEC has decided to prohibit only unregistered placement agents from soliciting US public pensions on behalf of private equity firms.
Law firm to invest in clients’ funds
Matthew Hudson, formerly of SJ Berwin and Coller Capital, has founded a law firm which will charge fees based on clients’ success rather than billable hours.
UK GPs: It’s spin-out time
With poor fund performance putting pressure on carry, many GPs believe the incentive to spin out has ‘never been greater’.
Canada relaxes real estate pension investing rules
The government has eliminated its previous 5%, 15% and 25% cap on pension plan investments in real estate and Canadian resource properties, with expectations the rule could result in rising allocations to the asset class.
Volcker rule to impact private equity funds from 2022
As the US Congress prepares for a final vote this week on plans to limit banks involvement with private equity funds, industry professionals admit the regulations are unlikely to come into effect for more than a decade – but could significantly lower bank co-investment in alternative vehicles when they do.
Texas Teachers' opens board meetings to world
The $94bn pension fund has started webcasting its board meetings following a growing trend among US public pensions to have live feeds of its sessions.
News Analysis: Messing with Reg D
A new transparency initiative from Texas Teachers puts a spotlight on the US’ anachronistic ban on ‘general solicitation’, writes David Snow.
News Analysis: Short-term pain, long-term gain
It’s ultimately in the best of interests of fund managers to accept tax increases, such as the UK's new 28% capital gains rate, and move on.
Industry views differ as UK CGT rises to 28%
Responses from trade associations suggest alternative investment fund managers in the UK may have mixed feelings as capital gains tax is increased in today’s emergency budget from 18% to 28%.
Placement vet feels ‘relief’ at SEC rule
Charles Eaton says banning unregistered placement agents from doing business with public US institutions is ‘the right decision’.
Simpson Thacher recruits Glover
The global head of Clifford Chance’s private funds group, Jason Glover, will establish a UK practice for Simpson Thacher & Bartlett.
Distressed debt guide: Insolvency in Germany
Peter Jark of DLA Piper examines insolvency proceedings pertaining to distressed debt investing in Germany.