Articles by Michael Hackett
Risk #4: Five Guidelines for ESG Disclosures in 2026: Choose Your Words Carefully Blog The Capital Commitment
Never has this been more true than in disclosures about environmental, social and governance matters. As divergence between the US federal government and “red states” on the one hand, and the UK, EU, and certain US “blue states” on the other hand, solidifies, international asset managers and their underlying portfolio companies must navigate an increasingly narrow regulatory tightrope. To do so, each word must be considered and its exact meaning understood.
Risk #2: AI Infrastructure Investing: Structuring, Disclosure And Contract Risks For Private Funds
Margaret Dale’s articles from Proskauer Rose LLP are most popular: with readers working within the Healthcare industries Proskauer Rose LLP are most popular: within Insurance topic(s) As has been widely reported, digital infrastructure has become one of the fastest growing investment structures in recent years, most recently driven by the explosion in demand from firms in the artificial intelligence (AI) industry.
Risk #2: AI Infrastructure Investing: Structuring, Disclosure and Contract Risks for Private Funds
As has been widely reported, digital infrastructure has become one of the fastest growing investment structures in recent years, most recently driven by the explosion in demand from firms in the artificial intelligence (AI) industry. This in turn has led to unprecedented needs for capex spending for the construction, expansion and upgrading of data centers, cell towers and networks, fiber optics and other data transmission facilities and power production and transmission.
Risk #1: Private Credit under the Microscope - Why Vigilance Matters Blog The Capital Commitment
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Private credit has spent a decade rising from niche alternative to central pillar in global finance. It has become a multi-trillion-dollar engine of corporate lending, infrastructure finance, asset-based credit, specialty finance, and opportunistic capital. While financial regulators have so far taken a relatively hands-off approach, elements of the market and the financial press have raised concerns about longer-term risks arising from the growth in private credit.
By Margaret Dale, Michael Hackett, Dorothy Murray, Joshua M. Newville, Todd J. Ohlms, Robert Pommer, Seetha Ramachandran, Anna Maleva-Otto, Nathan Schuur, Robert Sutton, John Verwey, Jonathan Weiss, Edward Lister, Rachel Lowe, Adam Farbiarz, Adam L. Deming, Michael Guggenheim, Corey Rogoff, Hena M. Vora
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Lexology
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Delaware Chancery Litigation Over Continuation Vehicle Transaction Highlights Considerations For GP-Led Secondaries
PR Proskauer Rose LLP More The world’s leading organizations and global players choose Proskauer to represent them when they need it the most. Our top tier team of star trial attorneys, acclaimed transactional lawyers and exceptionally talented partners and associates have earned a reputation for the relentless pursuit of perfection and a dauntless pursuit of success.
Opinion: Buildings brightly lit during Nova Scotia's high-demand energy times
In The Chronicle Herald on Jan. 29 there was an article on power reduction from wind turbines due to very cold weather (Wind turbines failed Nova Scotia during the weekend cold snap). As I drive around my area in the evenings, I cannot get over all the buildings that have all their lights on, and the buildings are empty and heated as if they are in use. At the same time, us homeowners are asked to reduce our power usage so the grid can handle the load due to the reduction of generation.
Delaware Chancery Litigation Highlights Considerations For GP-Led Secondaries
PR Proskauer Rose LLP More The world’s leading organizations and global players choose Proskauer to represent them when they need it the most. Our top tier team of star trial attorneys, acclaimed transactional lawyers and exceptionally talented partners and associates have earned a reputation for the relentless pursuit of perfection and a dauntless pursuit of success.
Delaware Chancery Litigation Highlights Considerations for GP-Led Secondaries
An action recently filed in the Delaware Court of Chancery challenging a continuation vehicle transaction offers a rare public window into a dispute over a GP-led transaction. The complaint alleges issues around valuation, disclosure and economic terms, and highlights the conflicts and process risks that can arise in these transactions.
Investor Challenges GP-led Continuation Vehicle in Delaware
An action filed last month in the Delaware Court of Chancery by an investor in a private equity fund highlights the potential risks to fund sponsors when investors are dissatisfied with continuation vehicle (“CV”) transactions and the related conflict of interest and fiduciary duty issues that can arise in these deals. Through the action, the plaintiff successfully delayed closing of the CV transaction pending resolution of the dispute.
Eli’s black and white printed skirt on Bel-Air
Outfit Details Skirt: Raised Floral Cargo Skirt by Fried Rice NYC Worn on: Bel-Air episode "Be a Kid" - 4x02 Worn by: Eli played by Michael Govan Hackett Posted on: November 25, 2025 Posted by: Steph Tags: Bel-Air: Season 4 Episode 2 Fried Rice Bel-Air Person: Michael Govan Hackett
Why the DOJ’s New Whistleblower Program Remains Relevant
On May 12, 2025, the U.S. Department of Justice (DOJ) issued a memorandum outlining the Criminal Division’s enforcement priorities and policies for prosecuting corporate and white-collar crimes in the new Administration. Later that week, Matthew R. Galeotti, head of the DOJ’s Criminal Division, addressed the new policies in a speech at the SIFMA Anti-Money Laundering and Financial Crimes Conference.
Times of economic volatility often increase disparities between a seller’s valuation and the buyer’s valuation of the same company. Earn-out provisions are one tool frequently used to address such disparities.
SEC Regulation in a Non-Regulatory Environment
With Paul Atkins as the new SEC Chair, the agency’s priorities have shifted away from many of the aggressive policies of former Chair Gensler.
ESG In 2025: Finding The Sweet Spot In A Complex World
With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as mandatory corporate sustainability reporting), those that apply by choice (such as becoming an Article 8 fund within the meaning of the EU's SFDR or the new for 2024 ESMA ESG Fund Name Guidelines – see summary here) and those that apply by third party request or expectation...
Virginia Governor Signs into Law Bill Restricting Minors’ Use of Social Media
On May 2, 2025, Virginia Governor Glenn Youngkin signed into law a bill that amends the Virginia Consumer Data Protection Act (“VCDPA”) to impose significant restrictions on minors’ use of social media. The bill comes on the heels of recent children’s privacy amendments to the VCDPA that took effect on January 1, 2025.
An Update on the DEI Certification Provision of Executive Order 14173
On May 2, 2025, the United States District Court for the District of Columbia denied Plaintiffs’ Motion for a Preliminary Injunction in National Urban League et al. v.
A Long, Hard Year: Russia-Ukraine War Lessons Learned 2023
This special commentary summarizes the major findings and lessons taken from the Russia-Ukraine War integrated research project conducted by members of the US Army War College class of 2024—all subject matter experts on their topics.
Is Artificial Intelligence a Bubble?
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Big fund-raising rounds and high valuations have some wondering whether the AI sector is in a bubble in the nature of the dotcom boom. As of this writing, OpenAI is valued at over $80 billion; Amazon added another $2.75 billion to its investment in Anthropic; and even some very early-stage startups, like France-based Mistral AI, have racked up hundreds of millions in venture-capital funding at valuations over a billion dollars.
By Margaret Dale, Michael Hackett, Stephen Hibbard, William Komaroff, Timothy W. Mungovan, Dorothy Murray, Joshua M. Newville, Todd J. Ohlms, Robert Pommer, Seetha Ramachandran, Jonathan Weiss, Julia Alonzo, William D Dalsen, Isaiah D. Anderson, James Anderson, Julia Ansanelli, Adam L. Deming, Adam Farbiarz, Reut N. Samuels, Hena M. Vora
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Lexology
Verified
Cybersecurity Continues To Be A Focal Point For Regulators In 2024
The SEC's new and proposed rules on cybersecurity and cyber-incident reporting will have a dual impact on private investment advisers and funds. First, the proposal by the SEC will impose cybersecurity related obligations on investment advisers, registered investment companies and business development companies, with a final rule in this sector (the "adviser cybersecurity rule") expected in April 2024.
SEC Focus On Adviser-Led Secondaries Continues
Adviser-led secondary transactions have seen explosive growth over the last five years. That growth has brought increased regulatory concerns over the conflicts of interests inherent in these transactions and a perceived lack of transparency into this market. New SEC rules adopted in 2023 will arm regulators with additional tools to identify, exam and investigate market practices.
A Tale Of Two Regulators: The SEC And FCA Address AI Regulation For Private Funds
2023's excitement for generative artificial intelligence (AI) prompted the SEC to respond on multiple fronts – stump speeches, rulemaking, new exam priorities and sweeps and previewing potential enforcement actions. SEC Chair Gary Gensler raised concerns regarding potential conflicts and investor harm resulting from the proliferation of AI and warned that an AI-caused financial crisis is nearly unavoidable absent regulation.
A Tale of Two Regulators: The SEC and FCA Address AI Regulation for Private Funds
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2023’s excitement for generative artificial intelligence (AI) prompted the SEC to respond on multiple fronts – stump speeches, rulemaking, new exam priorities and sweeps and previewing potential enforcement actions. SEC Chair Gary Gensler raised concerns regarding potential conflicts and investor harm resulting from the proliferation of AI and warned that an AI-caused financial crisis is nearly unavoidable absent regulation.
By Margaret Dale, Michael Hackett, Stephen Hibbard, William Komaroff, Timothy W. Mungovan, Dorothy Murray, Joshua M. Newville, Todd J. Ohlms, Robert Pommer, Seetha Ramachandran, Robert Sutton, Jonathan Weiss, Julia Alonzo, William D Dalsen, Isaiah D. Anderson, James Anderson, Julia Ansanelli, Adam Farbiarz, Adam L. Deming, Reut N. Samuels, Hena M. Vora
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Lexology
Verified
Ongoing Capital Challenges Portend Continued Portfolio Company Litigation Risk In 2024
Economic headwinds and the interest rate environment that developed over the course of 2023 increased financial stress on portfolio companies and portend heightened litigation risk in 2024 for portfolio companies and their private fund sponsors.
Top Ten Regulatory And Litigation Risks For Private Funds In 2024
To understand the litigation and regulatory risks that are coming in 2024 for private capital, it is helpful to look back briefly on recent events. Arguably, the single most important event over the last 18 months was the rapid increase in interest rates by the central banks in the United States, England, and Europe.
Anomaly Detection in a Smart Microgrid System Using Cyber-Analytics: A Case Study
1. Introduction Industrial control systems (ICSs) serve as the backbone of cyber–physical systems, effectively managing the control and monitoring of sensors and actuators embedded in industrial operations. They regulate power generation, enable industrial automation, and respond to operational fluctuations. A specific ICS subtype, the microgrid, is an assembly of interconnected loads and distributed energy resources functioning as a single controllable entity forming a power grid.
Aquatic macrophyte growth season in Central and Northern European Union and the implications for aquatic macrophyte risk assessments for herbicides
INTRODUCTION Plant protection products (PPPs) and their metabolites can enter surface waters through surface runoff, soil drain-flow, and spray drift following application to crops, and can affect aquatic organisms, including aquatic macrophytes. In the European Union (EU), the risk to aquatic macrophytes from exposure to PPPs must be assessed under Regulation (EC) 1107/2009 (EC, 2009) before a product can be authorized.
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