Sun Capital Partners court found that the private equity fund actively participated in the management of its portfolio company In a recent and significant ruling from the First Circuit, Sun Capital Partners III, L.P. et al. v. New England Teamsters & Trucking Industry Pension Fund, No. 12-2312, 2013 WL 3814985 (1st Cir. July 24, 2013,) the court has determined that private equity funds can be held liabl ...

What is Considered Good Business Sense Today May Be Considered a Breach of Fiduciary Duty Tomorrow. Pay Special Attention to Fairness Opinions. Are your clients risking liability as they complete their daily tasks? What is considered good business sense today may be considered a breach of fiduciary duty tomorrow. That possibility is increasing. Business appraisers should pay special attention to fairness op ...

MidasFund Will Not Acquire Distressed Companies; However, it Will Buy Stable Divisions of Bankrupt Companies.  Here's Why.   "Last week’s announcement that MidasFund had started acquiring zombie companies caused a flurry of emails," writes Rob Slee on the MidasMoments blog of the MidasNation site.  "Many of you asked about the differences between acquiring distressed, zombie and healthy companies. Let’s dig ...

What Happens When a Business is In Over Its Head and Who is to Blame? When firms approach bankruptcy, a definition of what constitutes “deepening insolvency” becomes critical in establishing the legitimacy of litigation concerning damages, breach of fiduciary duty, and more. Michael J. Molder explains context, consequences, and case law on the matter. ...

Successful Exit Key to Current Performance—and Future Sponsorship Opportunities Chris Manderson at PE Hub writes that  in the private equity world today, sponsors’ track records in successfully exiting investments are a major factor in fundraising.  If sponsors cannot exit previous investments and provide returns, they will find it much more difficult to raise subsequent funds: ...

Tracy L. Coenan published a succinct guide to fraud analysis last year in the Wisconsin Law Journal that's very much worth reading.  Excerpt: ...

The AICPA's 2011 Forensic and Valuation Services (FVS) Trend Survey finds growing demand for forensic accounting services.   James Schiavone breaks it down:   ...

The Bankruptcy Files: A Big Start to 2012 At AM Law Daily, Brian Baxter reports: Signs that the economy is improving notwithstanding, the number and size of large corporate bankruptcies could double in 2012, according to a new Fitch Ratings report covered by CNNMoney. Fitch predicts that corporate bond defaults will hit 3 percent this year—more than double last year's 1.4 percent and 2010's 1.3 percent. Mid ...

A First: Law Firm Finds New Life, Not Death, in Bankruptcy  The Wall Street Journal's Law Blog Jacqueline Palank reports: A South Florida law firm recently used bankruptcy to do something no one in the legal industry has done before: sell itself to another firm. Companies across corporate America, from Blockbuster to General Motors, have sought court protection while they try to sell continuing businesses t ...