Investors

News & Analysis as of

A New Year's (Awaiting) Resolution

As we close the books on the first chapter of our 2016 year, many investors cling to their New Year’s resolutions, hoping to make a material change that catalyzes a happy, healthy, and productive New Year. Yet it is a...more

Hotel Lawyer at the ALIS hotel conference in Los Angeles — A turnaround in hotel investor sentiment? Was that just a raindrop or...

Hotel Lawyers with first signs of a sea change in investor sentiment about the hotel sector - As our team of hotel lawyers returns from the Americas Lodging Investment Summit (or ALIS) in Los Angeles, we all noticed a...more

Japan FSA Finalizes Amendments to the Article 63 Exemption

Final text of the Regulations with respect to the Amendments promulgated has been released as well as the Response to the public comments....more

House Passes Encouraging Employee Ownership Act

On February 3, 2016, the House passed H.R. 1675, the Encouraging Employee Ownership Act of 2015. The bill directs the SEC to revise regulations to require an issuer to furnish investors with additional specified disclosures...more

FIRPTA reform under the Protecting Americans from Tax Hikes Act of 2015: key points for non-US investors

Among the reforms and provisions in the Protecting Americans From Tax Hikes Act of 2015 are several important changes to the Foreign Investment in Real Property Tax Act of 1980 (commonly referred to as FIRPTA) that are...more

What Does COP-21 Mean for Business?

6 Answers From Around the Globe - The historic COP-21 Paris Agreement on climate change is the first major development in the climate area at the international level since adoption of the Kyoto Protocol in...more

Healthcare tech meets healthcare reality

As entrepreneurs rush into the healthcare sector, even the most innovative thinkers are encountering a unique set of challenges – and solving them will require every bit as much ingenuity as building groundbreaking new...more

Pending Luxembourg Bill Introduces Widespread Changes Affecting SIFs, SICARs and Part II UCIs

Following hot on the heels of the introduction of the bill to implement the reserved alternative investment fund (RAIF), on 18 January 2016, the Luxembourg government deposited with Parliament a bill of law (Bill) to amend,...more

Crowdfunding Portals Begin to Register With the SEC

The SEC registration process for Title III crowdfunding portals was recently commenced. So far we are aware of one Form Funding Portal that has been filed to begin the registration process. ...more

Seed Investing: Understanding the Landscape - Part III

In this final installment of our series on seed instruments, we explore the Simple Agreement for Future Equity. Startup accelerator Y Combinator (YC) introduced a new seed-stage investing tool, safe—an acronym for...more

Understanding the EB5 System

Congress created the EB-5 Program in 1990 to promote economic growth and job creation in the United States. This system allows immigrant entrepreneurs to apply for green cards in return for investing in a new commercial...more

A Two-Tier Market Emerges in European Leveraged Loans

We have already commented on the strong growth of the covenant-lite market in Europe for leveraged loans. The combination of a supply/demand imbalance in European leveraged loans — too little supply and much investor demand —...more

[Webinar] The Co-investment Climate in Private Equity - February 10th, 12:00 EST

Co-investments are an increasingly important component of capital used by private equity groups (PEGs) to fund acquisitions and represent an increasingly significant portion of this capital. This is one of the key findings of...more

ESG Capital Partners v. Passport Special Opportunities Master Fund, C.A. No. 11053-VCL (Del. Ch. Dec. 16, 2015) (Laster, V.C.)

In this memorandum opinion, the Court of Chancery granted in part and denied in part defendants’ motion to dismiss a complaint seeking declaratory relief in which plaintiffs alleged that certain investors in ESG Capital...more

"Bank Shareholders Step Up Activist Efforts as M&A Activity Picks Up"

Bank management teams and boards of directors have made shareholder activism a key area of focus in light of significant activity in 2015. With the bank M&A market showing signs of life, the most basic end-game of investor...more

In Case You Missed It: Launch Links - Week of January 10, 2016

Some interesting links we found across the web this week: Challenging Uber, Lyft Bets on a Road Wide Enough for Two - We ended our last post pondering the anti-competitive nature of a marketplace dominated by tech...more

PECO Logistics, LLC v. Walnut Investment Partners, L.P., et al., C.A. No. 9978-CB (Del. Ch. Dec. 30, 2015) (Bouchard, C.)

In this opinion, the Court of Chancery resolved a dispute regarding a put right in an LLC agreement between PECO Logistics, LLC (“PECO”), a Delaware limited liability company, and two of its preferred equity holders, Walnut...more

Financing Marketplace Loans: Ten Key Things to Know Before Catching the Securitization Wave

Marketplace loans are the most exciting securitization asset class to emerge since credit cards and student loans. Securitization provides marketplace loan investors with liquidity, diversified funding and interest rate...more

Seed Investing: Understanding the Landscape - Part I

Starting a company has never been easier. Technology solutions for payroll, accounting, cloud computing and payment systems have made it much cheaper to take care of the back end. ...more

Online Marketplace Lending on Review by California Regulator

Why it matters - Demonstrating the continuing regulatory interest in online lenders, the California Department of Business Oversight (DBO) announced an inquiry into the marketplace lending industry. While the agency...more

Pitch Perfect - Creating a Compelling Story for Investors

Pitch decks are fundamental to your fundraising effort. If an investor is willing to give you their valuable time and attention, you should take full advantage of this chance to tell your story quickly, concisely, and...more

Out of Favor: Deals With Favored Investors, Federal Reserve Cautions

Why it matters - Deals with favored investors have fallen out of favor with the Federal Reserve Board of Governors, as evidenced by a new memorandum from the regulator. SR 15-15, issued on December 3, 2015, cautions...more

Evolution Of The Entrepreneur-VC Relationship

Buzzwords from the last few months of 2015 included unicorpse, bubble and contracting market, juxtaposed with new and bigger funds being raised, more money being invested, more unicorns being born and the number of...more

Continuing Distress and Investment Opportunities in the Energy Markets

If 2015 was defined by falling commodity prices, 2016 may simply be defined by continuing lows. Over the course of 2015, oil prices dropped approximately 31 percent. More than 40 companies filed for bankruptcy, and upstream...more

CFPB responds to industry concerns about TRID rule liability

Reacting to reports of investors refusing to purchase loans based on various, often technical, violations of the TILA/RESPA Integrated Disclosure (TRID) rule, the Mortgage Bankers Association (MBA) sent a letter to the CFPB...more

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