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The health care industry continues to hold great potential for private equity (PE) firms, but it also carries with it significant risks and potential exposure to liability. Last year alone, firms invested $83 billion in health care related business. As the pressure to find opportunities has increased, there appears to be a greater appetite for riskier investments including into portfolio companies that experienced or are experiencing compliance challenges.
By Harry Sandick, Daniel Ruzumna and Jacqueline Bonneau
Part One of a Two-Part Article
In Honeycutt v. United States, the Supreme Court rejected the argument that a federal criminal forfeiture statute permits joint and several liability for criminal asset forfeiture judgments, thereby protecting defendants who were only marginally culpable for a larger offense.
By Marjorie J. Peerce and Brad Gershel
Preserving Privilege in the Wake of SEC v. Herrera and the Government’s Increasing Leverage to Obtain Such Disclosures
A Magistrate Judge of the U.S. District Court for the Southern District of Florida held that an “oral download” of outside counsel’s interview notes to the SEC resulted in a limited waiver of protection under the attorney work-product doctrine over the underlying interview notes and memoranda. The decision is a significant one, and underscores one of the core challenges facing companies seeking to cooperate with the government during the course of its investigations.
By Colby Hamilton
Two heads of a tech company that raised tens of millions through an initial coin offering for what was sold as the world’s first multi-blockchain debit card now face federal civil and criminal charges for allegedly defrauding investors.
By Dennis Mahoney
Tenth Circuit Lowers Investment Advisor’s Disgorgement from $35 to $5 Million