Stale Marks, Redemption Pressure and Valuation Process Disclosures: The Emerging Shape of Private Credit Litigation

After growing to roughly $3 trillion globally in a strong economy, private credit sponsors’ disclosure, valuation and liquidity practices are now facing increased scrutiny from regulators and civil plaintiffs. Securities class actions filed over the past 12‑18 months against business development companies have converged on a narrow set of allegations: that net asset values were stale or overstated; that redemption pressure was known but undisclosed; and that described valuation and diligence processes did not match the actual processes. The SEC has signaled parallel interest in valuations, fiduciary duties, compliance programs and retail-facing products. Those developments were the subject of a Katten Muchin webinar featuring partners Kevin P. Broughel and Michael J. Diver, as well as associates Zoe Lo and Christopher T. Vazquez. This article analyzes the panelists’ assessments of the redemption, valuation and process-disclosure theories driving recent private credit litigation; the defenses that have emerged among sponsors; the SEC’s stated priorities regarding the asset class; and the measures that sponsors should consider adopting to mitigate those risks. See “Private Credit Valuations Under Pressure: Enforcement Trends, Litigation Risks and Mitigation Tactics” (May 14, 2026); and “Evolution of the Private Credit Industry and Ongoing Challenges” (Feb. 19, 2026).

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