Venture Capital

Silicon Valley Venture Capital Survey - First Quarter 2013

by Barry J. Kramer, Michael J. Patrick | Fenwick & West LLP on 5/23/2013

Background-We analyzed the terms of venture financings for 118 companies headquartered in Silicon Valley that reported raising money in the first quarter of 2013....more

Is Crowdfunding Dead On Arrival? A Legal Perspective...

by Benjamin Hron, Brian Korn, Christian A. Salaman | JD Supra Law News on 5/15/2013

"[Crowdfunding] lays the riskiest investments at the doorstep of those investors that can least afford the risk. And it won’t create jobs except for plaintiff’s lawyers…”...more

Crowdfunding And JOBS Act News Roundup – May 10, 2013

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 5/13/2013

It was another week of speculation as to when the SEC might finalize or propose any JOBS Act rule. Broc Romanek of the TheCorporateCounsel.net pointed to one article which said the current JOBS Act proposal on eliminating...more

Delaware Court Opens the Door to Private Dilution Claims Against Venture Capital Firms

by King & Spalding on 5/6/2013

The Delaware Court of Chancery’s recent opinion in Carsanaro v. Bloodhound Technologies is a wake-up call to venture capital firms. In a nearly 40 page opinion, Vice Chancellor Laster held that VCs are not necessarily immune...more

What to Ask Potential Investors Beyond “Is Your Money Green”

by Edward Willig | Carr, McClellan, Ingersoll, Thompson & Horn -... on 5/1/2013

Overview - Investment into U.S. venture-backed companies dropped 20% to $6.6 billion in the fourth quarter of 2013 compared to a year earlier, according to Dow Jones VentureSource, and was down 15% to $29.7 billion for...more

Biotech Venture Funding Down 33% in First Quarter

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/1/2013

Earlier this month, the National Venture Capital Association (NVCA), a trade association representing the U.S. venture capital industry, released the results of its MoneyTree Report on venture funding for the first quarter of...more

EU Publishes Regulation on European Venture Capital Funds

by Orrick - Structured Finance Group on 4/30/2013

On March 25, the EU’s Official Journal published the regulation on European venture capital funds (VCFs), which will become applicable throughout the EU on July 22, 2013. ...more

Private Equity - Winter/Spring 2013

by Gus Black, Carl de Brito, Daniel Dunn, Thomas Friedmann, Richard Horowitz, Jeffrey M. Katz, Steven Lorch, Roger Mulvihill, Kenneth Wang, Paul Wang, Amy Yang, Scott M. Zimmerman | Dechert LLP on 4/29/2013

In This Issue: - ILPA Guidelines Have Noticeable Impact - Extracting Tax Value in Debt Refinancings and Modifications - Private Equity and Venture Capital Investing in China: Exit Strategy and Circular 698 -...more

What Every Private Equity Fund Manager Should Know About ERISA

by The R. Bernard Law Group on 4/26/2013

What is ERISA? The Employee Retirement Income Security Act of 1974 (“ERISA”) protects the interests of employee benefit plan participants by establishing strict standards of conduct for “plan fiduciaries” – i.e.,...more

Hot Companies In Digital Health

by Michael Esquivel | Fenwick & West Life Sciences Group on 4/23/2013

With venture capital funding of digital health up 45 percent in 2012, according to Rock Health, we're hearing a lot about mobile health apps and healthcare IT. You may be asking yourself what is digital health? Hear my take...more

FundersClub: What Does The SEC’s No-Action Relief Really Mean?

by Rani Doyle | Dentons on 4/19/2013

On March 26, 2013, the United States Securities and Exchange Commission (SEC) issued a no-action letter to FundersClub Inc. and FundersClub Management LLC. There has been speculation in the crowdfunding, VC and angel investor...more

SEC's Division of Trading and Markets Grants Relief from Broker-Dealer Registration for Online Platform that Permits Investment in...

by Delcy Sweet | Holland & Knight LLP on 4/17/2013

On March 26, 2013, the SEC's Division of Trading and Markets issued a no-action letter indicating that it would not recommend enforcement action under Section 15(a)(1) of the Exchange Act if a venture capital fund adviser and...more

Life Science Financing Survey - Full Year 2012

by Barry J. Kramer, Michael J. Patrick, Matthew Rossiter | Fenwick & West LLP on 4/16/2013

In this Survey: - Overview of Fenwick & West Results - Analysis of Industry Data - Detailed Fenwick & West Results: Valuation - Detailed Fenwick & West Results: Financing Terms -...more

How to turn your LLC or S Corp. into a C Corp. with a Tax-Free Reorganization

by The R. Bernard Law Group on 4/16/2013

By now most entrepreneurs who have sought or will seek venture funding have learned that venture capitalists typically prefer to invest in C Corporations and will not invest in pass through entities such as a limited...more

Are Investors Lining Up Behind Another and Better Bitcoin?

by Jeff Ifrah on 4/15/2013

We have written previously about Bitcoin, the new form of “peer-to-peer” currency whose proponents expect to be a game-changer in the world financial markets. It’s not clear yet what Bitcoin’s ultimate destination will be, as...more

Personal Planning Can Help Private Equity Pros Save on Taxes

by Bradley Van Buren | Holland & Knight LLP on 4/10/2013

When private equity or venture capital fund principals and managing partners look to roll out a new fund, in addition to reconciling general fund formation issues, they should consider the personal-planning opportunities...more

Optimism in Canada’s Private Equity & Venture Capital Markets

by Terry Didus | Heenan Blaikie LLP on 4/10/2013

The federal government recently announced that it would be injecting $400 million into the venture capital sector in Canada in 2013. To Canada’s private equity and venture capital community, this comes as welcome news and...more

No Marriage for Mortgage Resolution Partners Yet (But Proposal Still Being Considered)

by Krystyna Blakeslee | Dechert LLP on 4/8/2013

Last summer, we at Crunched Credit wrote (here, here and here) about Mortgage Resolution Partner’s (“MRP”), a San Francisco-based venture-capital firm, proposal whereby underwater performing residential mortgage loans held in...more

Carsanaro, et al. v. Bloodhound Tech., Inc. et al., C.A. No. 7301-VCL (Del. Ch. Mar. 15, 2013) (Laster, V.C.)

by Potter Anderson & Corroon LLP on 3/28/2013

In this Opinion, the Court of Chancery denied, in large part, defendants’ motion to dismiss plaintiffs’ claims challenging several allegedly self-interested and dilutive transactions....more

Seed Financing Survey 2012 Internet/Digital Media and Software Industries

by Barry J. Kramer, Steven Levine | Fenwick & West LLP on 3/26/2013

In early 2011 we published our first Seed Financing Survey (for 2010) in recognition of the growing importance of seed financing to entrepreneurs and the venture capital environment, especially in the internet/digital media...more

Six Steps to Prepare for Venture Financing

by The R. Bernard Law Group on 3/25/2013

Venture capital funds don't expect startups to be well-oiled machines. In fact, they go into potential deals knowing there will be problems. These issues range from disgruntled founders to disputes over who owns a company’s...more

Focus On Public Policy - March 2013: Federal Budget 2013

by Cyrus Reporter | Dentons on 3/22/2013

On March 21, 2013, Federal Finance Minister Jim Flaherty tabled the Conservative government’s new budget entitled Economic Action Plan 2013. As expected, the key themes are job creation, skills development, infrastructure...more

European Parliament Adopts at First Reading Proposed Regulations on European Venture Capital Funds and European Social...

by Orrick - Structured Finance Group on 3/21/2013

On March 12, the European Parliament adopted at first reading texts relating to the proposed Regulations on European Venture Capital Funds (EuVECAs) and European Social Entrepreneurship Funds (EuSEFs). ...more

SBA Rules: Investment Funds Can Now Be Majority Owners of SBIR Companies

by G. Matthew Barnard, Joel Ephross | Duane Morris LLP on 2/22/2013

The Small Business Administration (SBA) recently amended the rules relating to its Small Business Innovation Research (SBIR) program and Small Business Technology Transfer (STTR) program. The new SBA rules implement the...more

Silicon Valley Venture Capital Survey - Fourth Quarter 2012

by Barry J. Kramer, Michael J. Patrick | Fenwick & West LLP on 2/20/2013

Background- We analyzed the terms of venture financings for 116 companies headquartered in Silicon Valley that reported raising money in the fourth quarter of 2012....more

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