How the Financial Climate and SEC Rulemaking Is Affecting the PE Industry and GP‑LP Negotiating Dynamics

PE funds performed well during the pandemic, and demand for private assets remains strong. Despite having weathered that storm, it seems there is more uncertainty and volatility ahead in light of the tumultuous financial markets and potential changes introduced by the SEC’s rulemaking efforts. Those developments will not only impact the growth of the PE industry but also the types of structures that become favored among sponsors and the negotiating dynamics between parties. A recent program hosted by Sidley examined some trends in how funds are structured and formed; industry developments (e.g., in the realm of environmental, social and governance considerations) that are likely to affect PE funds; the role SEC rulemaking is having on the industry; evolving GP-LP dynamics; and trends in LP terms. The panel featured Sidley partners J.D. Ross, David P. Kreisler and Beth M. Quintana. This article offers relevant insights from their discussion. See “Morgan Lewis Attorneys Offer LP Perspective on Negotiating PE Terms and Structuring Bespoke Vehicles (Part One of Two)” (Feb. 1, 2022); and “Key Investor, Regulatory and Industry Trends Identified in Dechert and Mergermarket’s 2022 Global PE Outlook” (Dec. 7, 2021).

To read the full article

Continue reading your article with a PELR subscription.