News & Analysis as of

Conflicts of Interest Venture Capital

Akin Gump Strauss Hauer & Feld LLP

FCA Report on Private Asset Valuations

The Financial Conduct Authority (FCA’s) report, which sets out its findings and feedback from its Private Market Valuation Review (PMVR) includes a number of practical action points for firms regarding their private assets...more

A&O Shearman

Great Fund Insights: Co-Investing 101: shared risk, shared reward

A&O Shearman on

A challenging fundraising environment, the rise in M&A activity and the capital requirements necessary to bridge funding gaps are key developments which have led fund managers to increase their offering of co-investment...more

Paul Hastings LLP

UK FCA’s Review of Valuation Processes for Private Market Assets — Key Findings and Implications for Private Equity and Private...

Paul Hastings LLP on

On March 5, 2025, the U.K. Financial Conduct Authority (FCA) released its much-anticipated findings from a multifirm review examining valuation processes for private market assets. This review, launched amid growing concerns...more

Goodwin

Properly Valuing Private Equity, Venture, Real Estate, and Other Private Markets Assets: Some Pointers for UK and EU Managers

Goodwin on

In our recent alert “New Year, Similar Concerns: The FCA’s 2025 Priorities for UK Private Fund Managers,” we discussed the updated supervisory strategy and priorities which the Financial Conduct Authority (FCA) has for...more

Pillsbury Winthrop Shaw Pittman LLP

Venture Capital Fund Manager Considerations for Accepting SSBCI-Related Capital Commitments

The U.S. Treasury Department’s SSBCI program provides a potentially significant source of capital for venture capital fund managers. In particular, venture capital funds focused on targeted geographies may find SSBCI...more

Pillsbury Winthrop Shaw Pittman LLP

Significant Changes to the SBIR and STTR Programs

In the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Extension Act of 2022, Congress reauthorized these programs for another three years and added new requirements to reduce foreign...more

Quarles & Brady LLP

[Webinar] Venture Capital Portfolio Company Board Seats: Legal Implications and Best Practices - August 24th, 12:00 pm - 1:00 pm...

Quarles & Brady LLP on

Venture capital funds and investors often sit on the board of directors of their portfolio companies, providing opportunities to engage actively with the portfolio company management and helping the company grow. Wearing both...more

Goodwin

Newly Appointed Federal Watchdogs Warn they are Focused on Private Funds

Goodwin on

Private funds can draw lessons about how to prioritize their compliance efforts and practices in response to a series of warnings by newly-appointed federal regulators of increased scrutiny, regulation, and enforcement...more

Goodwin

Regulators Continue to Scrutinize Private Equity Investments in Insurance

Goodwin on

As innovative technologies continue to transform the insurance industry, private equity firms and venture capital funds continue to invest in promising insurtech startups and other licensed insurance entities. However, while...more

Fenwick & West LLP

Navigating Conflicts of Interest as a Corporate Venture-Appointed Director

Fenwick & West LLP on

Directors appointed by strategic and corporate venture investors (CVC directors) face a unique set of challenges when attempting to resolve their fiduciary duties to the portfolio companies at which they serve as directors...more

A&O Shearman

EU Delegated Regulation on Conflicts of Interest Published Under European Venture Capital Regulation

A&O Shearman on

A Commission Delegated Regulation on conflicts of interest arising in relation to European venture capital funds has been published in the Official Journal of the European Union. The Delegated Regulation sets out the...more

Orrick - Finance 20/20

European Commission Adopts Delegated Regulation Supplementing EuVECA Regulation

On February 4, the European Commission adopted a Delegated Regulation supplementing the European Venture Capital Funds (“EuVECA“) Regulation (345/2013) with regard to conflicts of interest (C(2019) 664 final)....more

Foley & Lardner LLP

Venture Capital Firms and Their Portfolio Company Directors Face Risk of Liability for Conflicts of Interest

Foley & Lardner LLP on

Venture capital firms and their director designees on portfolio company boards can find themselves stuck between their fiduciary duty to common shareholders and the terms of preferred investment documents. Before any other...more

Proskauer - The Capital Commitment

The Top Ten Regulatory and Litigation Risks for Private Funds in 2017

Private investment funds and advisers are likely to face new regulatory challenges and increased litigation risks in 2017, not only because of a change in the administration, but also because many advisers have not corrected...more

Skadden, Arps, Slate, Meagher & Flom LLP

"After Corwin, Court of Chancery Provides Additional Guidance on Application of Business Judgment Rule to Post-Closing Damages...

As previously reported in Insights: The Delaware Edition, the Delaware Supreme Court’s landmark decision in Corwin v. KKR Financial Holdings LLC, 125 A.3d 304 (Del. 2015) articulated a new defendant-friendly rule for...more

Foley Hoag LLP

Delaware Court Issues Important Trados Decision Delineating Director Duties in Sale of Venture-Backed Company

Foley Hoag LLP on

The Delaware Chancery Court issued its long-awaited post-trial decision last month in In re Trados Incorporated Shareholder Litigation. In the decision, the court affirmed that directors designated by the venture capital...more

Troutman Pepper

Directors Designated By Venture Capitalists And Other Preferred Stockholders Need To Be Mindful Of Inherent Conflicts: In re...

Troutman Pepper on

A recent post-trial decision by Vice Chancellor J. Travis Laster of the Delaware Court of Chancery puts directors serving as designees of preferred investors on notice that they must attempt to maximize value for common...more

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