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- Rethinking Private Equity Performance in an Era of Increased Scrutiny
February 8, 2012
Программа: At this breakfast briefing, our panel, moderated by Professor Josh Lerner of Harvard Business School, will discuss the shortcomings of current performance measures at both the fund and individual transaction level, including:
- the need for new, deeper metrics for measuring performance beyond traditional IRR and MOI analysis, including assessment of risk-adjusted performance;
- how best to identify and report the sources of value creation;
- reporting guidelines favored by LPs, including ILPA templates; and
- the legal risks relating to performance reporting and valuation.
Организатор: Debevoise & Plimpton LLP
- Anti-Corruption Enforcement in 2012: Protecting and Defending Your Company
February 9, 2012
Программа: This breakfast will address the key 2011 developments in enforcement of the US Foreign Corrupt Practices Act (“FCPA”) and the prognosis for enforcement in 2012, with a focus on several industry sectors under scrutiny by the U.S. Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”). The seminar will also address the initial enforcement activity under the UK Bribery Act.
Against the background of overlapping cross-border enforcement regimes, the seminar will address hypothetical examples drawn from real-world scenarios, including how best to handle local partner requirements, requests to hire relatives of government officials, the latest issues in M&A due diligence and third-party hiring and monitoring, as well as the recurring issues of provision of business travel, accommodations and entertainment.
In addition to discussing developments affecting jurisdiction, prohibited conduct, best practices for compliance programs and dealings with third parties and merger and acquisition activity, the seminar will discuss developments in enforcement policy, such as the SEC’s position on “neither admit nor deny” settlements, cooperation by the SEC and the DOJ with their foreign counterparts and the Dodd-Frank whistleblower bounty rules.
Докладчик(и):
Paul R. Berger,
Sean Hecker,
Bruce E. Yannett,
Steven S. Michaels
Организатор: Debevoise & Plimpton LLP
- Doing Business in China: What Investors Need to Know About Dispute Resolution in China
February 29, 2012
Программа: Corporate disputes that arise in Chinese deals can provide myriad challenges for U.S. investors and commercial partners. Distance, a different legal culture and language, and concerns about the conduct of dispute resolution proceedings and the enforceability of arbitral awards all combine to create considerable uncertainty. This seminar, featuring litigators from Fangda Partners, one of the leading firms in China, will attempt to clear away some of that uncertainty by reviewing the latest thinking and trends in dispute resolution in China, including:
- Crafting dispute resolution clauses that maximize your chances of enforcing a judgment or arbitral award in China, and the latest on the enforcement of arbitral awards and judgments in China.
- Getting what you need to know: Discovery and taking evidence in China during the course of a dispute, and how to structure deals to avoid the consequences of limited discovery.
- Protecting your investment: What you need to know in the event of a dispute with local management, shareholders or with your joint venture partner, limits on your rights with regard to local management, and problems that can arise with local management if you ever need to conduct internal investigations in China.
There will be plenty of opportunity for questions and answers and informal discussion.
Докладчик(и):
David W. Rivkin,
Christopher K. Tahbaz
Организатор: Debevoise & Plimpton LLP
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