COVID-19 and Private Equity: Portfolio Company and Fund Governance Practices in the Time of COVID

8 April 2020
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The COVID-19 pandemic is forcing fund managers and portfolio companies to make fast and hard decisions that must not only work during the crisis but stand up to scrutiny after the pandemic subsides. On April 2, 2020, Debevoise’s Private Equity Group held its second COVID-19 briefing, focusing on how good governance today can minimize litigation headaches tomorrow.

To access the on-demand recording of the presentation, please click here. Highlights include the following:

Corporate Governance

  • Perfect Conditions for Second Guessing

Regulatory Environment

  • Keep Your Guard Up
  • Document Mindfully
  • Maintain Communications Hygiene
  • For SEC Exams and Enforcement, It’s Business (not quite) as Usual

Material Non-Public Information (MNPI)

  • The Pandemic Doesn’t Change the Basics
  • Handle Minority Investors With Care
  • Know the Long Reach of Confidentiality

Fiduciary Duties

  • Back to Basics: Duties of Care and Loyalty
  • Wearing Multiple Hats is Tougher in a Storm
  • Process is Important