Library

A framework for understanding your private equity client’s business in order to help protect their interests. This course discusses what PE clients are concerned with during three stages of an investment—the acquisition phase, the holding period, and the divestment phase. It looks at valuing a target, maximizing returns, operational improvements, and exit strategies.

Discussion of different requirements in protective orders for confidentiality designations in deposition transcripts and the process of reviewing a transcript and designating material confidential.

An overview of working with expert witnesses, including consulting and testifying experts, qualification as an expert under the applicable rules, attorney-client privilege considerations, and expert and rebuttal reports.

An overview of how companies use cash and unsecured credit to finance their operations during bankruptcy. Covers encumbered cash (cash collateral), unencumbered cash, establishing adequate protection, and how companies can take out additional unsecured credit.

An examination of confidentiality agreements and their use in private M&A deals. The course includes a detailed walkthrough of a sample NDA, explaining each provision’s importance and how it impacts the respective parties.

A high-level overview of private equity and venture capital firms, including the major types of firms, their investors, how they make money, competition and the largest firms in the industry.

Covers due diligence for venture finance deals and the main economic and control rights negotiated in venture finance term sheets, plus how to make key calculations such as cap tables, pro forma cap tables, prices per share, pro rata rights, note conversions, dividends, and liquidation preferences.

The different types of Chapter 11 cases, the process of a Chapter 11 case (including the “first days” and 363 asset sales), and the major documents in Chapter 11 (including Chapter 11 plans, disclosure statements and orders, and restructuring support agreements).

An introduction to the main deal documents in a securities offering and the role, scope and process of conducting due diligence for various types of securities offerings.

Tips and strategies for working effectively with experts on your case. Covers how to prepare for direct of your expert, prepare your expert for cross, and conduct cross examination of the other side’s expert. Gives tips for maximizing your expert’s performance and steering clear of mistakes. Also discusses tricky ethical areas like privilege over communications and draft reports, as well as how to choose the right expert in the first place.

This track explores how private equity deals are financed, how management incentives are structured, and the strategies funds use to create value.

This track takes a look at the typical loan transaction process. This includes an overview of what it means to be a lending attorney, how a commercial lending deal team is typically structured, the main stages of a typical transaction, the due diligence process, the attachment and perfection process for security interests, the use of financing statements under the UCC, and the closing of the loan transaction.