News & Analysis as of

Pre-formation Investments: Thinking Ahead

Investors in private equity funds (Funds) typically invest in blind pools, under which passive investors commit to invest a designated amount of cash in a Fund over an investment period while relying solely upon the Fund’s...more

Details on Amendments to the Minnesota Angel Tax Credit

Regular readers of entreVIEW are no doubt aware that the Minnesota Angel Tax Credit, a frequent topic of interest here, ran out of funds a few weeks ago. The $12.2 million available for issuance had been used up by early...more

Beware of Clever Angels

Angel funding is a critical source of capital for early stage companies. This type of financing will typically raise from $100,000 to $1,000,000 – with even higher amounts coming from so-called “super angels.” Yet, at this...more

Making Sense of Your Options: Raising Capital In Private Offerings

Let’s say you have started/built this really great business that needs funding right now to launch, survive, expand, take it to the next level, etc. If you are not ready for an I.P.O. yet, and the “ready-for-prime-time”...more

"Private Equity and Angel Investment"

As a new author to entreVIEW, I wanted to write about a topic near and dear to the hearts (and pocketbooks) of entrepreneurs—money! While private capital raising remains tough, there has been a shift to alternative asset...more

Silicon Valley Venture Survey - Fourth Quarter 2013

We analyzed the terms of venture financings for 124 companies headquartered in Silicon Valley that reported raising money in the fourth quarter of 2013....more

"The JOBS Act: The Resurgent IPO Market and What We Learned in Year Two"

Almost two years have passed since the Jumpstart Our Business Startups Act (the JOBS Act) was signed into law to ease regulatory burdens on smaller companies and facilitate public and private capital formation. The provisions...more

Where to Look: Governmental Sources of Funding for Emerging Companies

Young companies are always looking for sources of capital, but many are unaware of funding sources provided by governmental programs. These programs are typically targeted at specific sectors and are intended to create jobs...more

Crowdfunding Gets an Equity Boost: BB&K's James Harper Examines What the Proposed Rules by The U.S. Securities and Exchange...

Crowdfunding, or crowd-sourced fundraising, allows small businesses and artists without access to traditional bank loans or wealthy private investors to raise money for projects through a large network of contributors who...more

Raising VC Money in the US

Ambitious Chinese start-ups in need of funding are advised to look to the US, where venture capital firms are increasingly willing to make investments. China is increasingly a centre of innovation, driven by...more

The Entrepreneurs Report Q3 2013

As widely reported, the aggregate dollar volume of venture financings held fairly steady from Q2 2013 to Q3 2013 (see, e.g., Venture Capital Valuation and Trends from PitchBook, Q4 2013). An analysis of transactions in which...more

Route 506: The General Solicitation Highway

A new route to soliciting direct securities investments has opened. For the first time in 80 years, start-ups and small businesses can broadly advertise and broadly solicit to raise money for private offerings. ...more

New Miami In The News: Weekly Recap

This week in New Miami it was all about the entrepreneurs. Several initiatives and organizations are helping to put South Florida’s startups on the map. MDC, Goldman Sachs partner to bring $5 million small business...more

Bringing Crowdfunding to Corporate America – Securities and Exchange Commission Weighs Regulations

Over the last few years a number of crowdfunding websites have popped up providing individuals and small businesses, in other countries, the opportunity to raise money for new projects or ventures in exchange for equity...more

The Changing Landscape of Seed Stage Financing, Part III: Revisiting the Debt vs. Equity Dilemma

In the third and final installment of this blog post series, we’ll return to last week’s question (Should I sell convertible debt or equity?), and consider the other side of the coin: choosing equity instead of debt. We’ll...more

The Shift to Angel Investors – Interview with Jeremy Glaser, Member, Mintz Levin [Video]

Attorney Jeremy Glaser, Co-chair of Mintz Levin's Venture Capital & Emerging Companies Practice, discusses the shift to angel investors in initial financing rounds as venture capital funds move towards later-stage funding. ...more

Start-Up Studios – Another Path For Entrepreneurs

One of the most rewarding aspects of practicing corporate law is the opportunity to represent a business from start-up to successful liquidity event. While a business will face challenges throughout this life-cycle, some of...more

Equity Crowdfunding: OSC Releases Progress Report on Its Exempt Market Review

On August 28, 2013, the Ontario Securities Commission (OSC) released OSC Notice 45-712 – Progress Report on Review of Prospectus Exemptions to Facilitate Capital Raising (the Progress Report). The Progress Report summarizes...more

In Case You Missed It - Interesting Items for Corporate Counsel (Cumulative)

As forecast, there is no shortage of law firm memos describing Regulation D changes, including the final rules eliminating the general solicitation ban (here) and prohibiting "bad actor" participation (here) and the proposed...more

Crowdfunding Alternatives–Part 3(C): Broker-Dealer Model

We’re wrapping up the series discussion on crowdfunding because I’d like to move on to other business issues that I’ve been encountering lately (stay tuned later this week for how to limit liability in a contract), but before...more

Corporate & Securities Law Alert July 2013 - Startups: Extended Window of Opportunity Available By Way of Section 1202

Investors and owners of startups are always looking to maximize the potential value of a business and realize that value at some point in the future. Taxation is an important driver of the value of a business. While taxation...more

Securities Implications Involved In Raising Money for Your Business

Securities regulation in the United States followed several centuries of regulation in England. Brokers were licensed in England as early as 1285. All such regulation was aimed at the curtailment of dubious money-raising...more

Lawmakers Claim SEC Proposals Are Contrary To JOBS Act

The SEC recently issued proposals related to Regulation D which, among other things, require a Form D to be filed fifteen days before a general solicitation under Rule 506(c) can commence....more

EB-5 Funding: A Possible Financing Option for Commercial Ventures Undertaken by Colleges and Universities

Universities and colleges seeking to start commercial ventures should consider raising capital through the EB-5 program. If you are a university or college and you are considering building a new student union or a stadium as...more

Get That Grant

The Small Business Administration has made it easier for small businesses that receive venture funding to participate in a $2-billion-a-year federal grant program to promote innovation....more

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