Virtually overnight the role of private equity and venture capital in the economy and society has changed once again. NautaDutilh will explore that changing role and will provide guidance on the challenges and opportunities private equity and venture capital sponsors and their portfolio companies face in these difficult times.
The Coronavirus pandemic (COVID-19) clearly has a significant impact on businesses across the globe. As the world reacts to the COVID-19 outbreak, private equity and venture capital play a vital role in supporting their portfolio companies in navigating the way forward. To assist sponsors and their portfolio companies in this unprecedented environment, we have started a new blog series “Private Equity and Venture Capital” which can be found here. In this blog we will feed a selection of information and guidance prepared by our experts, including comprehensive checklists, news alerts and other information sponsors and their portfolio companies may find relevant. A selection of the legal guidance and checklists prepared by NautaDutilh and shared in the blog series is included and updated on a regular basis in the list of below. Clicking on each item below will bring you to the captioned information.
- 4 June 2020 - Piercing the corporate veil – parental liability of private equity sponsors for cartel infringements
Businesses today are facing new challenges. The COVID-19 pandemic is obviously having a major impact on the global economy, which means that many businesses, including portfolio companies held by private equity firms, are focused on the short term, with maintaining liquidity and adequate levels of working capital as their main priority. Other issues on the radar include supply chain management and keeping pace with rapid market developments, preferably remaining a few steps ahead of the competition, having regard in particular to the gradual lifting of lockdown restrictions.
- 24 April 2020 - Private Equity and VC Transactions: Key buy-side due diligence considerations and the mutual benefits of enhanced cooperation in uncertain times
The coronavirus pandemic (COVID-19) is having a significant impact on transactions around the globe, including those supported by private equity and venture capital. This blog post addresses why due diligence will be different in these uncertain times, contains practical advice on how to deal with these differences, describes key buy-side considerations when conducting due diligence, and concludes that both buy and sell-side can benefit from enhanced cooperation.
- 21 April 2020 - COVID-19 and data protection due diligence
The Dutch and European data protection authorities have issued guidance on the processing of personal data in the context of the COVID-19 outbreak. In their article Gaike Dalenoord, Jacqueline van Essen and Terrence Dom discuss some takeaways from the guidance issued by these authorities that are relevant to data protection due diligence in the context of M&A projects.
- 14 April 2020 - Government relief for start-ups and scale-ups.
Over the past few weeks, the industry has intensively lobbied for extension of the Dutch government’s relief measures to start-ups and scale-ups. We are very pleased to report that the Dutch government is lending a sympathetic ear. Please find below an overview of the measures that may be relevant to start-ups and scale-ups. We will continue to monitor this area and will update you on any new developments. Do not hesitate to reach out to us if you would like more information about these measures or if you require assistance with the application process or otherwise navigating the present crisis.
9 April 2020 - What issues should sellers anticipate when closing a transaction during the COVID-19 pandemic?
The coronavirus pandemic (COVID-19) significantly impacts transactions and businesses across the globe, including those supported by private equity and venture capital. In this blog post, we discuss the issues sellers should anticipate when closing a transaction signed before the COVID-19 outbreak.
2 April 2020 - Do private equity firms need to reconsider the use of W&I insurance in Dutch M&A deals during the COVID-19 crisis?
The COVID-19 crisis is forcing private equity firms worldwide to reconsider how to structure, finance and negotiate their M&A transactions. In this post, we discuss the impact of the COVID-19 crisis on the use of W&I insurance in private equity transactions in the Netherlands.
- 27 March 2020 - How to manage current M&A projects in the pre-signing stage
At present, the coronavirus pandemic (COVID-19) is having a significant impact on transactions and businesses across the globe, including those supported by private equity and venture capital. This article contains a checklist to help sponsors manage their current M&A projects in the pre-signing stage.
- 25 March 2020 - Checklist for portfolio companies in financial distress
In this article we provide a checklist to help portfolio companies in getting organized in addressing signs of financial distress. We will focus on those companies which are clearly hit directly by the 'perfect storm' created by the Covid-19 outbreak and as a result run into immediate 'financial distress' and those that are likely to get into financial difficulty quite soon.
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