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Article

Private Equity Portfolio Company Political Activity

Todd L. Boudreau, Erika E. Alba and Michelle E.P. Nuñez
The Journal of Private Equity Summer 2016, 19 (3) 51-54; DOI: https://doi.org/10.3905/jpe.2016.19.3.051
Todd L. Boudreau
is chair of the Private Funds & Buyouts group at Foley & Lardner in Boston, MA.
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  • For correspondence: tboudreau@foley.com
Erika E. Alba
is a public affairs director and political law attorney at Foley & Lardner in Jacksonville, FL.
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  • For correspondence: elalba@foley.com
Michelle E.P. Nuñez
is senior counsel in the Private Equity & Venture Capital practice at Foley & Lardner in Boston, MA.
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  • For correspondence: mnunez@foley.com
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Abstract

Many private equity and venture capital firms believe that few, if any, of their funds’ portfolio companies engage in traditional governmental affairs activities such as lobbying or making political contributions to elected officials or candidates. Consequently, they often opt not to conduct a proper due diligence analysis on the political activity of a current or potential portfolio company target. We consistently find, however, that many companies across a range of industries do in fact engage in political activity to varying degrees, and the same attributes that make a company an attractive potential acquisition are also those that would lead a company to be politically active. Higher Security and Exchange Commission scrutiny on private funds will not only reveal compliance issues with regulatory consequences, but also raise issues for the fundraising for future funds.

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The Journal of Private Equity: 19 (3)
The Journal of Private Equity
Vol. 19, Issue 3
Summer 2016
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Private Equity Portfolio Company Political Activity
Todd L. Boudreau, Erika E. Alba, Michelle E.P. Nuñez
The Journal of Private Equity May 2016, 19 (3) 51-54; DOI: 10.3905/jpe.2016.19.3.051

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Private Equity Portfolio Company Political Activity
Todd L. Boudreau, Erika E. Alba, Michelle E.P. Nuñez
The Journal of Private Equity May 2016, 19 (3) 51-54; DOI: 10.3905/jpe.2016.19.3.051
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  • Article
    • Abstract
    • WHAT KINDS OF PORTFOLIO COMPANIES ENGAGE IN POLITICAL ACTIVITY?
    • WHY SHOULD A FIRM BE CONCERNED IF THEIR PORTFOLIO COMPANY IS POLITICALLY ACTIVE?
    • THE FEDERAL PAY-TO-PLAY RULE
    • STATE-LEVEL LOBBYING AND POLITICAL CONTRIBUTION LAWS
    • REPUTATIONAL RISK—PERCEPTION VERSUS REALITY
    • CONCLUSION
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