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KISS the SAFE Goodbye? Another Alternative for Start-up Financing

Only recently, we debated the merits of the SAFE (Simple Agreement for Future Equity), an alternative funding mechanism for early-stage companies designed to replace the industry-standard convertible note financing....more

Start-up Crowdfunding Exemption Adopted In Certain Canadian Jurisdictions

The Canadian Securities Administrators (“CSA”) and securities regulators of British Columbia, Saskatchewan, Manitoba, Quebec, New Brunswick and Nova Scotia (the “participating jurisdictions”), announced on May 14, 2015, the...more

Early Termination of Annuities Not Permitted

Since investing can be a risky business with investments dropping in value from time to time, investors seeking steady income with minimal risk are sometimes attracted to an annuity’s guaranteed-income feature. A recent case...more

USCIS Issues Statement on the Use of Loans as EB-5 Capital

On April 22, 2015, U.S. Citizenship and Immigration Services (USCIS) held an EB-5 Stakeholder Engagement to discuss various issues relating to the EB-5 Immigrant Investor Program....more

The Entrepreneurs Report - Q1 2015

In This Issue: - From the WSGR Database: Financing Trends for Q1 2015 - Price and Preference: Part 2 - Haves and Have Nots in Venture Financings - Excerpt from Price and Preference: Part...more

OCIE Speaks On Private Equity Deficiencies

Marc Wyatt, Acting Director, Office of Compliance Inspections and Examinations, of the SEC, recently gave his views on serious deficiencies found in examinations of private equity advisors at a conference attended by private...more

Kyiv Corporate Alert (Ukrainian) On Amendments to Some Legislative Acts of Ukraine relating to Investors’ Rights Protection

Президент України підписав закон № 289-VIII...more

Kyiv Corporate Alert On Amendments to Some Legislative Acts of Ukraine relating to Investors’ Rights Protection

The President of Ukraine has signed Law No. 289-VIII “On Amendments to Some Legislative Acts of Ukraine relating to Investors’ Rights Protection” (the “Law”) aimed at deregulating the economic activities of joint-stock...more

Healthcare & Life Sciences Private Equity Deal Tracker: Moximed Secures $33 Million in Financing

Moximed, based in Hayward, Calif., is focused on developing minimally invasive, joint preserving solutions for patients with knee osteoarthritis....more

SAFEs and KISSes Poised to Be the Next Generation of Startup Financing

Overview - In late 2013, startup accelerator Y Combinator unveiled its Simple Agreement for Future Equity (“SAFE”) investment instrument as an alternative to convertible debt. While SAFE templates appeared in...more

CSA Announces Amendments to National Instrument (NI) 45-106

On February 19, 2015, the Canadian Securities Administrators (“CSA”) announced the adoption of changes to the accredited investor and minimum amount investment prospectus exemptions, among other changes. The amendments are...more

Converting Your Convertible Note

If you just invested in the next big thing by way of a convertible promissory note, you will want to ensure that, when it converts, you get all of the equity to which you’re entitled. Does your note convert at the valuation...more

Acquiring a US Public Company: An Overview for the Non-US Acquirer

In This Issue: - Introduction - The US M&A Market - Friendly or Hostile? Deciding on the Approach to a Target - The Basics: Transaction Structures A. One-Step: Statutory Merger B....more

High yield bond restructurings across Europe

As the flood of capital into riskier deals continues to pour in at unprecedented rates, and economic and geopolitical risks evolve, the prospect of a surge of bond defaults in the years ahead is looming over high yield...more

SEC Announces Dodd-Frank Whistleblower Award for Compliance Professional

On Wednesday, April 22nd, the Securities and Exchange Commission announced that it had awarded approximately $1.5 million to a whistleblower who had served as a compliance officer of the company about which he blew the...more

New SEC Rules Allow Private Companies Access to Larger Amounts of Capital (Regulation A+)

Many companies should be able to take advantage of new SEC rules that will permit them to sell up to $50 million of securities to investors in a 12-month period without “going public.” TWO TIER SCHEME - Rules...more

Delaware Chancery Awards Investors $171 Million

On April 20, 2015, the Delaware Court of Chancery issued a decision awarding $171 million in damages to the common unitholders of a limited partnership against its general partner in connection with a “dropdown” transaction. ...more

German Fund Taxation: A Roundup of Recent Developments

Germany’s fund taxation regime continues to evolve as the country further refines and reforms domestic tax laws that were subject to significant changes towards the end of 2013 – when Germany introduced new domestic tax rules...more

Orrick's Financial Industry Week in Review

ICMA Issues Updated Legal Opinions On GMRA - On April 9, the International Capital Market Association (ICMA) published the 2015 legal opinions on the Global Master Repurchase Agreement (GMRA), the principal standard...more

[Event] HealthTech Rising Midwest Conference - Chicago, Ill, June 11, 2015

This event will bring together a select group of health care providers, health technology companies, investors, and entrepreneurs to explore new ideas, growth strategies and potential partnerships. Industry leaders will...more

Full Steam Ahead for the Through-Train – The Shanghai-Hong Kong Stock Connect, Part One

The Shanghai-Hong Kong Stock Connect (the “Stock Connect”), a pilot program for establishing mutual stock market access between Mainland China and Hong Kong, was announced in April 2014 by Premier Li Keqiang at the Boao Forum...more

Renewable Energy Update - April 2014

Renewable Energy Focus: Short staffing at LADWP blamed for slow solar rollout - KPCC - Mar 27: Los Angeles has the largest municipal solar program in the country, but its growth is being limited by backlogs at the Los...more

EBA and BOE Weigh in on EU Risk Retention

The Bank of England (“BOE”) and European Central Bank (the “ECB”) recently published a joint response1 to the report and short opinion issued late last year by the European Bank Authority (“EBA”) on how to improve the...more

International Arbitration Newsletter - Q1 2015

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity - The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the...more

ICSID tribunals address allegations of investor misconduct

Assertions of investor misconduct, ranging from allegations of abusive restructuring to outright corruption in procuring an investment, are evolving into an important part of the catalog of state defenses in investment...more

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