Last week, the House Committee on Science, Space, and Technology passed a bipartisan bill to reauthorize the National Quantum Initiative Act, which expired in September of this year.
Signed into law in 2018, the goal of...more
While consensus on the precise approach to artificial intelligence (AI) regulation in the U.S. remains elusive, canaries in the coal mine are calling for more comprehensive federal regulation and legislation, mainly to...more
Pitchbook recently released deal-level data looking at how investor-friendly or startup-friendly the current capital raising environment is. Their VC Dealmaking Indicator looks at various factors to create indicator values –...more
Exit options have been limited for startups in recent months. Through the end of the third quarter of 2023, we saw a lull in M&A activity across the board, including the tech sector. As we kick off the December sprint to the...more
There have been exciting advancements in the digital health space over the past few years that are truly changing lives, but the sector seems to be experiencing a reset as investment drops off. Below, we look at some current...more
During this time of “permacrisis,” directors, no matter how experienced, must be ready and able to safeguard their organizations.
As part of Foley & Lardner’s sponsorship of the NACD Northern California chapter, and...more
11/16/2023
/ Auditors ,
California ,
Cyber Attacks ,
Disclosure Requirements ,
Human Resources Professionals ,
Incident Response Plans ,
Information Technology ,
Insurance Industry ,
National Association of Corporate Directors (NACD) ,
Ransomware ,
Succession Planning
We recently co-hosted an NACD “Private Company Compliance” webinar on the issues that directors of private companies should care about. In this episode, we focused on the increasing importance of supervising the...more
11/14/2023
/ Breach of Duty ,
Business Litigation ,
Compliance ,
Fiduciary Duty ,
Fraud ,
Investigations ,
Investors ,
Misrepresentation ,
Nasdaq ,
Privately Held Corporations ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Venture Capital
As the world grapples with fast-changing weather patterns, wildfires, record-breaking heat, and many other climate-related issues, it is becoming increasingly important to develop the technologies that will help to combat...more
11/6/2023
/ Bureau of Labor Statistics ,
Carbon Capture and Sequestration ,
Climate Change ,
Compliance ,
Energy Storage ,
Environmental Social & Governance (ESG) ,
Financial Services Industry ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Investment ,
Popular ,
Renewable Energy ,
Securities and Exchange Commission (SEC) ,
Technology Sector
As we approach 2024, the M&A landscape is set to experience more shifts and trends that will redefine how companies approach these transactions, and CEOs are keeping a keen eye.
n this volatile post-pandemic era...more
11/1/2023
/ Acquisitions ,
Clean Energy ,
Corporate Governance ,
Cross-Border ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
Investment ,
Investors ,
Mergers ,
Private Equity ,
Regulatory Reform
Originally published in Genetic Engineering News on October 10, 2023. Reprinted with permission. The biotechnology sector has long been characterized by its constant innovation, rapid technological progress, and unyielding...more
10/24/2023
/ Acquisitions ,
Biotechnology ,
Collaboration ,
CRISPR ,
Food and Drug Administration (FDA) ,
Innovation ,
Licensing Rules ,
Mergers ,
Pharmaceutical Industry ,
Scientific Research ,
Tax Credits ,
Venture Capital
In our ever-changing technological environment, artificial intelligence (AI) is beginning to exert its influence on numerous sectors, revolutionizing our approach to work. As businesses and organizations worldwide adopt...more
10/12/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Biotechnology ,
Compliance ,
Confidential Information ,
Discrimination ,
Due Diligence ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Insurance Industry ,
Intellectual Property Protection ,
Investors ,
Machine Learning ,
Misrepresentation ,
New Guidance ,
Patents ,
Personal Data ,
Purchase Agreement ,
Risk Management ,
Risk Mitigation ,
Startups ,
Strict Product Liability ,
Transparency ,
Venture Capital
California Governor Gavin Newsom (D) has signed a bill that mandates venture capitalists to report the diversity of the founding members of businesses they invest in, making the first state to require venture capital firms to...more
10/11/2023
/ Data Collection ,
Diversity and Inclusion Standards (D&I) ,
First Amendment ,
Invasion of Privacy ,
Investment ,
Minority-Owned Businesses ,
New Legislation ,
Reporting Requirements ,
Startups ,
Transparency ,
Venture Capital ,
Women-Owned Businesses
To say it has been a tough time to be a startup founder over the past two years is an understatement. We all know that venture capital funding has been down, valuations are down, interest rates are up, and the predicted...more
The landscape of mergers and acquisitions is undergoing a seismic shift powered by the adoption of distributed ledger and other blockchain derivative technology across industries.
Recent challenges in the cryptocurrency...more
9/15/2023
/ Acquisitions ,
Automation Systems ,
Blockchain ,
Coinbase ,
Cross-Border Transactions ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Investors ,
Mergers ,
Tokenization
Foley recently cohosted a webinar with 4thly featuring a panel of legal and policy experts addressing President Biden’s New Outbound Investment Screening Program....more
9/12/2023
/ Biden Administration ,
CFIUS ,
China ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
Investment ,
National Security ,
Risk Mitigation ,
Technology Sector ,
US Trade Policies
In any merger or acquisition, the due diligence stage is one of the most critical steps. It allows the acquiring company to identify dealbreakers, assess risks, make informed decisions, negotiate effectively, ensure...more
8/30/2023
/ Acquisitions ,
CFIUS ,
Compliance ,
Copyright ,
Due Diligence ,
Employees ,
Financial Statements ,
Hardware ,
Hart-Scott-Rodino Act ,
Infrastructure ,
Integration ,
Internal Controls ,
Licenses ,
Mergers ,
Negotiations ,
Patents ,
Pending Litigation ,
Permits ,
Profits ,
Revenue ,
Risk Assessment ,
Software ,
Supply Chain ,
Trademarks
Venture capital (VC) funding is the lifeblood that propels many early-stage startups from mere concepts to industry disruptors. Securing VC investment is no easy feat, especially in today’s economic climate. To stand out in...more
Foley & Lardner LLP ventured into the searing 104-degree heat of Las Vegas this August to co-sponsor a breakfast gathering at the Black Hat USA 2023 conference, attended by founders, CISOs, and investors. Many thanks to our...more
Startup founders are constantly seeking ways to gain a competitive edge and secure their place in the market, including positioning their company as an attractive acquisition target from the very beginning. While building a...more
8/16/2023
/ Acquisitions ,
Business Model ,
Corporate Culture ,
Due Diligence ,
Early Stage Companies ,
Entrepreneurs ,
Financial Adviser ,
Financial Markets ,
Intellectual Property Protection ,
Mergers ,
Partnerships ,
Recordkeeping Requirements ,
Startups ,
Valuation
Much has been said about the return of M&A in 2023, and while there are deals happening, it is not the boom that many expected. But could all that change in 2024? Is this year setting the stage for a return to more deals...more
When two companies aim to combine, there are countless issues that can arise during the integration stage. As part of any successful merger process, a carefully crafted integration strategy should consider all the potential...more
7/28/2023
/ Acquisitions ,
Collaboration ,
Customers ,
Employees ,
Human Resources Professionals ,
Integration ,
Investors ,
Mergers ,
Risk Management ,
Shareholders ,
Suppliers ,
Vendors
Mergers, acquisitions, and buyout transactions are complex endeavors requiring careful analysis and consideration of multiple financial inputs and outputs. Both the acquiring company and the target company will each need to...more
The iconic management theorist Peter Drucker made famous the notion that “culture eats strategy for breakfast.” In other words, the culture of your company is correlated more closely to your company’s ultimate value and...more
7/19/2023
/ Acquisitions ,
Buyers ,
Corporate Culture ,
Corporate Governance ,
Customers ,
Employee Retention ,
Employees ,
Mergers ,
Sellers ,
Shareholders ,
Suppliers
History is often written by reference to “before” and “after.” In this blog, we posit that “before” refers to the “bull market” that ended in January 2022, and “after” refers to everything that – happened, is happening, and...more
For founders considering a merger or acquisition as an exit strategy, finding the right acquirer is crucial, and it just takes one. A successful M&A deal just needs to close. A successful combination and combined business...more