Dechert LLP

Despite evaluating fewer transactions for potential national security risks, the Committee on Foreign Investment in the United States (CFIUS) is taking longer than ever to complete its reviews, significantly impacting deal closing timelines for PE transactions involving foreign investors. In this Sidecar episode, Dechert private equity partner Bernardo Piereck and national security partners Jeremy Zucker and Hrishikesh Hari discuss the current length of CFIUS reviews, insights into the Committee’s mitigation measures as detailed in its annual report to Congress, and steps that investors can take to structure their transactions with CFIUS considerations in mind. LISTEN NOW: https://lnkd.in/gRNXUWKQ

Want to get the full lowdown on net asset value (NAV) facilities and how they relate to commercial real estate finance today? Tune in to the latest episode of the Dechert 4 Real podcast as hosts Jonathan Gaynor, Ella Marie Smith and Sam Gilbert speak with partner Ani Ravi about the relationship between NAV facilities, subscription lines and repo financing, the evolving nature and implementation of NAV facilities, potential NAV pitfalls, and why there is growing interest in this market segment. Plus, Dechert partner Hrishikesh Hari joins the podcast to discuss recent developments with respect to national security reviews of foreign ownership in real estate. The hosts also share their Labor Day weekend plans and much more! Listen now: https://lnkd.in/d7ngWugh

Looking to better understand risk tolerance, connect with other professionals and gain practical tools to enhance your organization's risk management capabilities? Join us on September 23 for Women, Influence & Power in Law, where Dechert’s Joni Jacobsen will discuss proactive vs. reactive risk management and effective communication with decision-makers while moderating the panel “Operating in the Gray: Balancing Risk Tolerance with Business Objectives.” #WIPLUS https://lnkd.in/egqK8FSb

In this THE CRED Convos vlog, Dechert global finance partner Lindsay Trapp and lateral counsel Blake Gilson discuss updates from the recent NAIC summer meeting focused on structured credit and fund finance, RBC IRE working group discussions, the importance of detailed industry feedback in shaping future regulations and more. Watch their full discussion here: https://lnkd.in/eHTDDhxB

How are private equity investors navigating the challenges presented by high interest rates? In the Fall 2024 edition of the Middle Market DealMaker magazine, Dechert private equity co-head Markus Bolsinger discusses middle-market take-private opportunities as a solution for investors amidst a limited M&A environment. The article also reference's Dechert's 2024 Global Private Equity Outlook report, which noted significant year-over-year growth in take-privates back in November 2023. Read the full article here: https://lnkd.in/eceSAZ4t

Dechert's dedicated private equity podcast, Committed Capital, was named by Law.com International among the 16 most influential, must-listen and forward-thinking podcasts in Big Law today. The publication also highlighted Dechert 4 Real – which focuses on commercial real estate finance – and the firm’s global financial regulation series Dechert On Reg in its coverage of the top podcasts in the space. https://lnkd.in/gFef-EXN Explore each of Dechert's podcasts by listening and subscribing here: https://lnkd.in/eBhfwTjq

Check out the latest edition of Dechert Cyber Bits, a bi-weekly roundup of key cyber, privacy and AI developments and practical takeaways by our top-ranked, global team. https://lnkd.in/dQz9XpWD

Congratulations to our client, Prisma Labs, Inc., creator of the Lensa AI photo editing app, on the successful dismissal of one of the largest privacy biometrics lawsuit ever proposed. Plaintiffs had sought BIPA damages on behalf of everyone in Illinois who had ever had a photo of themselves uploaded anywhere on the Internet, as they claimed Prisma Labs wrongfully scraped those internet photos to train its AI machine learning algorithm. The case, pending in N.D. Illinois was dismissed in its entirety. Law 360 recognized the Dechert team in its Legal Lions of The Week section for this great victory. That team was led by Cyber, Privacy & AI practice Chair Brenda Sharton and partner Benjamin Sadun and included associate Theodore Yale as well as partner Angela Liu. Read more about the case on Dechert.com (https://lnkd.in/e5yTW-4e) or on Law360 (https://lnkd.in/eaP9CyQy)

CFIUS has published its Annual Report to Congress for 2023, which holds important insights for dealmakers contemplating participation by foreign investors for investments in U.S. businesses. Although 2023 marked a decline in the number of transactions reviewed by CFIUS as compared to 2022, CFIUS continues to actively pursue the use of mitigation measures and pursued a record number of enforcement actions in 2023. In this report from our national security practice, Jeremy Zucker, Darshak Dholakia, Hrishikesh Hari, Betsy Feuerstein, Brooklynn Moore and Amy Jicha analyze the key data and takeaways from the Annual Report, sharing what dealmakers should know about evaluating CFIUS risks.

The International Bar Association's annual conference in Mexico City from September 15-20 gathers top lawyers to tackle key business-law issues. Join Dechert's global co-managing partner Vincent H. Cohen, Jr. on September 16-17 for panels on future-proofing law firms and the impact of DEI policies. On September 17, antitrust partner Laurence Bary will discuss globalization's effect on the communications sector. On September 19, litigation partner Mauricio España will explore the role of diversity audits in M&A due diligence. https://lnkd.in/e6SGBjV9 #IBAMexico