1001 to 5000 Employees. Wellspring CEO takes leave after explosive rape allegations against his son Since its founding in 1995, Wellspring has raised over $4.5 billion of initial capital commitments through six private equity funds. Alexander Carles' and Bradley Johnson's arguments are limited to the negligent misrepresentation cause of action, the only cause of action asserted against them. Time to Read: 6 minutes The amended complaint is dismissed. In re Merritt Dredging Co., Inc., 839 F.2d 203, 205 (4th Cir. articles a month for anyone to read, even non-subscribers! The choice of law provision in the Loan Agreements states: In October 2017, Wellspring Capital was contemplating a purchase of AcuSport, a competitor, by Ellett, for $14.8 million. F. Hewitt Grant asserted the lack of a triggering creditor due to Prospect Capital Corporation's knowing participation in the transfers and failure to state a claim under New York law due to lack of insolvency and under South Carolina law due to failure to plead actual fraud. The emails, often using colorful language and harassing tones, essentially represent to Prospect that if the AcuSport transaction is not completed, Prospect will not get paid on its obligations. We look forward to carrying forward that vision and continuing our success in the years ahead.". McDermott Will & Emery LLP > San Francisco > United States | The Legal Exempt Reporting Advisers ("ERA") are investment advisers that are not required to register as investment advisers because they rely on certain exemptions from registration under sections 203 (l) and 203 (m) of the Investment Advisers Act of 1940 and related rules. Use tab to navigate through the menu items. Wellspring Capital Management - Wikipedia Wellspring Capital buys Center for Diagnostic Imaging - Minneapolis to hinder, delay, or defraud either present or future creditors." In King County, the court considered suits by investors seeking to recover losses incurred after the collapse of a structured investment vehicle. Sav. A second amendment to the Loan Agreements (the "Second Amendment") was executed on September 30, 2014. What happened to Birchbox? | Retail Dive Id. The plaintiff responds that the express terms of the choice of law provisions provide that the clause applies only to the parties to the Loan Agreements and the Amendments and that the defendants' indirect connection to the parties to the agreements, and the nature of their received benefit, a distribution, are not sufficient to render them third-party beneficiaries of the Loan Agreements and the Amendments. Since its founding in 1995, Wellspring has raised over $4.5 billion of initial capital commitments through six private equity funds. Jan. 30, 2023). Less than a year later, the liquidation trustee sued Wellspring and related parties, alleging breaches of fiduciary duty of care and loyalty. Friedman v. Wellspring Capital Mgmt. (In re Sportco Holdings) These tools have been used since the firm's inception in 1995 to generate consistent business improvement in its portfolios. The plaintiff's third cause of action, for negligent misrepresentation against defendants Wellspring Capital, Mr. Carles, and Mr. Johnson, must also be dismissed. The court addressed the dissent's finding, that the defendant's determination of the number of parking spaces was a matter of judgment or opinion and was therefore unactionable. Wellspring Capital Management LLC Chief Executive Officer Bill Dawson has taken a leave of absence, days after a former employee alleged in a lawsuit that he threatened her for accusing his son of sexual assault. Id. Id. In Wellsprings view, the extent to which releases might have benefitted SportCo (as opposed to benefiting the directors alone) was at least in part a question of fact that could not be resolved on a motion to dismiss. Salaries posted anonymously by Wellspring Capital Management employees. 2100 Geng Road, Suite 210 Palo Alto, CA 94303. Wellspring CEO Bill Dawson is taking a leave of absence, the firm said Tuesday Last week a shocking lawsuit was filed against his son Christopher It claims he drugged and violently raped and. Wellspring also rejected in cursory fashion the defendants argument that it is not necessarily a breach . See Sheehan v. Saoud, 650 Fed. The portfolio manager is also a co-investor in the strategy. The firm's objective is to bring partnership, experience and value creation to each investment. REGISTRATION STATUS. at 385. (Wellspring). 93], and Bradley Johnson [Docket No. It is not unusual for an entity facing distress to engage with their stakeholders and to negotiate any number of transaction alternatives and terms. The amended complaint contains no allegations that either Ellett, with respect to the first cause of action, or SportCo, with respect to the second cause of action, was insolvent at the time of the distributions or became, at the time of the transfers, insolvent as a result of the transfers. (quoting Bell Atl. Wellspring Capital is a boutique discretionary management service with a portfolio positioned for high performance. 85]. Ashmore for Wilson v. Dodds, 262 F. Supp. The parties disagree on what law should applyfederal or state, and further if state law applies, New York or South Carolina. 544 and 550 and S.C. Code 27-23-10; and (3) negligent misrepresentations against Wellspring Capital, Mr. Carles, and Mr. Johnson. Importantly, however, the Wellspring court declined to dismiss the litigation trusts duty of loyalty claim, stating on a cursory basis that Drawing all inferences in favor of the Trustee, the Complaint contains sufficient allegations that the D&O Defendants breached their duty of loyalty regarding the Failed Out of Court Restructuring. Id. P. 12(b)(6). Wellspring Capital Management is a leading private equity firm headquartered in New York. N.D.N.Y. Since its founding in 1995, Wellspring has raised over $4 billion of initial capital commitments through . Id. We have interesting videos for you to watch on my site. e""8*&B James brought a civil suit against Trump in September, alleging the Trump organization had fraudulently inflated the value of . 92], Todd Boehly [Docket No. Wellspring Capital Management, LLC; Wellspring Cap. 2005)). Wellspring Capital Partners VI Profile: Investments & Returns | PitchBook Wellspring Capital Management Acquires Steele Solutions, Inc. These are high quality companies, essential to the national, regional, or global economy but whose fundamental qualities are underappreciated and undervalued by the market. Wellspring Capital Management is an American private equity firm focused on leveraged buyout investments in middle-market companies across a range of industries. Its success is based on a portfolio that, since inception in 2014, has delivered double digit returns on an annualised basis. Your livelihoodand your sanitydepend . . In considering what choice of law provisions to apply, the Fourth Circuit stated: The Court notes that there is a specific fraudulent conveyance section of the Bankruptcy Code. The plaintiff relies on the fact that Ellett was unable to pay the debt owed to Prospect at the time that it had to be paid in full; however, this is not the only relevant point in time. The District Court in Ashmore for Wilson stated: The parties' arguments regarding what law applies to the plaintiff's fraudulent conveyance claims present some complicated and novel questions; however, it is not necessary for the Court to decide whether the defendants are third party beneficiaries of the Loan Agreements or the Amendments. Tex. Wellspring Capital Management Fund Manager Website www.wellspringcapital.com Fund Category Private Equity Close Date 0000-00-00 Fund Family Wellspring Capital Partners Native Currency USD Fund Manager's Location 605 Third Avenue 44th Floor New York, NY 10158 United States +1 (212) 000-0000 Fund Domiciles Canada And the best part of all, documents in their CrowdSourced Library are FREE. Attorney advertising. Mr. Friedman was substituted as the plaintiff on January 10, 2020. These emails may be a lot of things, but negligent misrepresentations they are not. The firm functions as a strategic rather than tactical partner, providing management teams with top-line support, M&A experience and financial expertise, and access to resources. This is despite the fact that 57% of Californians and 37% of California Democrats do not want President Joe Biden to run, according to a poll from the Berkeley Institute of Governmental Studies. The court must construe the allegations in the complaint in the light most favorable to the plaintiff. The Company specializes in private companies buyouts, acquisitions of divisions and subsidiaries of public companies, and going . Password (at least 8 characters required). Wellspring Capital Management Acquires Cadence Petroleum Group Ripoff Report | scalp-med complaints, reviews, scams, lawsuits and We look forward to hearing from you. Law360 takes your privacy seriously. All business will get complaints. There are no allegations in the amended complaint that the debtors' liabilities exceeded their assets at the time of the transfers. 541, 546 (Bankr. 2016) (citing numerous cases, recognizing disagreement among courts regarding whether fraudulent conveyance action is a tort action); MainStreet Bank v. Nat'l Excavating Corp., 791 F. Supp. Private equity firm Wellspring Capital Management LLC on Friday hit a slew of its insurers with a suit in New York state court alleging they must defend it against claims that it plundered . Our returning and new limited partners share our belief in the unique value proposition that Wellspring brings to the investment process, with our focus on strategic partnership and tailored approach to each investment. Wellspring, 2021 WL 4823513, at *10. King County, 863 F. Supp.2d at 318. Wellspring partners with highly qualified and motivated senior management teams, actively working together to unlock a companys potential by providing ongoing financial, strategic and operational support. It identifies undervalued companies whose share price does not properly reflect the true value of the business. From reading the Financial Times at school to managing his first portfolio at just 18, he has built Wellspring Capital into a nationwide wealth management boutique. The firm prefers to invest through means of carveout, buyouts, add-on, public to private and growth capital. See Francis v. Giacomelli, 588 F.3d 186, 192 (4th Cir. Wellspring Capital Management LLC operates as a private equity firm. Private equity firm Wellspring Capital Management has acquired Caring Brands International, parent company of home health and hospice franchise company Interim Healthcare, for an undisclosed amount. Their most recent investment was on Jan 1, 2020, when Steele Solutions raised The Wellspring court dismissed the litigation trusts claim for breach of the fiduciary duty of care, holding that it was not adequately pled. Similarly, Merritt Dredging suggests that federal law would apply to a section 548 cause of action, but that state law should apply to fraudulent conveyance claims based on state law. The case status is Pending - Other Pending. 6. You can review interesting Flipbooks on my site. The Partners of Wellspring constitute a long-tenured team, having worked together an average of 15 years over three funds. 544 and 550 and S.C. Code 27-23-10; (2) avoidance and recovery of fraudulent transfers by SportCo against the Transferee Defendants pursuant to 11 U.S.C.
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