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Emerging Growth Companies

Emerging Growth Companies (EGC) are companies with total yearly gross revenues of under $1 billion for the most recently completed fiscal year.  
DLA Piper

Ensuring Positive Outcomes With Negative Pledges in Venture Lending

DLA Piper on

A “negative pledge” on intellectual property is a common feature of venture lending transactions, but its implications can often be misunderstood. Some lenders may be surprised to discover that it does not always provide the...more

Morgan Lewis

Key Takeaways: AI and Other Considerations for Emerging Companies

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When focusing on getting a company off the ground and ensuring success for those involved—founders, employees, investors, etc.—there are some concerns regarding artificial intelligence (AI) that would be wise to keep in mind....more

Maynard Nexsen

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 204: Accelerating Life Sciences Startups with James...

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This week, hosts Matthew and Heather welcome back James Chappell, President and CEO of SCbio, to discuss the organization’s new program, SCbioDrive, an accelerator program for emerging life sciences companies. The group...more

DLA Piper

FemTech and the use of AI

DLA Piper on

Due to an exponential growth in the investment in female health and wellbeing, Forbes and Dealroom reported that 2023 saw 1.14 billion USD raised collectively across 120 deals in ‘FemTech’. ...more

Troutman Pepper

Foreign Private Issuers: Have You Assessed Your Status Under US Securities Laws?

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For foreign private issuers registered with the U.S. Securities and Exchange Commission (SEC), there are several filing statuses that affect the content of various public disclosures that must be made. Foreign private issuers...more

Orrick, Herrington & Sutcliffe LLP

Legal Ninja Snapshot: Negative Vesting – Maybe Legal But Really a Good Idea?

Case law about virtual employee participation programs (VSOP), which are still the predominant form of employee participation in German start-ups, are rare. Earlier this year, the Regional Labour Court of Munich upheld...more

Mayer Brown Free Writings + Perspectives

Corp Fin Staff Posts Updated Guidance on Confidential Submissions of Registration Statements

The Staff of the Division of Corporation Finance posted questions and answers regarding the confidential submission process for draft registration statements.  ...more

Wyrick Robbins Yates & Ponton LLP

SAFE Financing – a Deep Dive on the Evolution of the SAFE

As we’ve noted in a previous article, the Y Combinator-hosted SAFE (Simple Agreement for Future Equity) has become the investment contract of choice for startup companies that have already attracted investors. However, the...more

Wyrick Robbins Yates & Ponton LLP

SAFE Financing – Valuation Cap vs. Discount Variants

So you decided to use a SAFE (Simple Agreement for Future Equity) to raise money for your new startup – congratulations! And you’re off to a good start because you read our previous article, which summarized how to use the...more

Cozen O'Connor

“City of Yes for Economic Opportunity” Approved by the City Council

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On June 6, 2024, the New York City Council approved, with modifications, the NYC Department of City Planning’s Zoning for Economic Opportunity, the second of Mayor Eric Adams’ City of Yes initiatives. The new zoning, which...more

Lowenstein Sandler LLP

Welcome to “Lowenstein Africa Presents: Venture Voices”

Lowenstein Sandler is proud to launch its latest podcast: “LS Africa Presents: Venture Voices,” hosted by Rossie E. Turman III, Deangeor Chin, Raquel Smith, and Tolulope "Tolu" Adetayo. The podcast will explore the stories...more

Mayer Brown Free Writings + Perspectives

Crowdfunding Report Shows Increasing Reliance on Regulation CF Deals & Disparities in Participation by Women & Minorities

Introduced under Title III of the JOBS Act, Regulation Crowdfunding (“Regulation CF”) was promulgated to allow startups and emerging companies to raise capital from a wider pool of investors through equity crowdfunding...more

Lowenstein Sandler LLP

A Conversation with Janade du Plessis of Launch Africa Ventures: Balancing Sustainable Development with ROI

Today on “Lowenstein Africa Presents: Venture Voices,” Raquel Smith and Deangeor Chin speak with Janade du Plessis, a South African investor, entrepreneur, and researcher who is managing partner of Launch Africa Ventures and...more

Lowenstein Sandler LLP

How Founders Can Get Paid (and Keep the Cash): A Practical Guide

Understanding market trends and effective planning strategies can yield improved financial results for start-ups and growth companies. Starting your start-up. What type of entity you form impacts your taxes, which hits your...more

Mayer Brown Free Writings + Perspectives

Small Business Capital Formation Committee Submits Accredited Investor Definition Recommendations to SEC

On May 1, 2024, the SEC Small Business Capital Formation Committee submitted its accredited investor definition recommendations to the SEC.  Currently, an investor may qualify as an accredited investor by meeting certain...more

Mayer Brown Free Writings + Perspectives

The SEC and Capital Formation

Not long ago, the SEC hosted the Annual Small Business Forum.  The Forum provides an opportunity to consider a broad array of issues affecting private companies as well as smaller public companies seeking to raise capital and...more

DarrowEverett LLP

The Heat Is On SEC’s Climate-Related Disclosure Rules

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On March 6, 2024, the U.S. Securities and Exchange Commission (the “SEC”) adopted new final rules requiring issuers to include extensive disclosure in registration statements and periodic reports regarding material...more

Mayer Brown Free Writings + Perspectives

Upcoming SEC Small Business Advisory Committee

The Securities and Exchange Commission announced an upcoming meeting of its Small Business Capital Formation Advisory Committee on May 6, 2024.  The meeting will include a discussion of Regulation Crowdfunding (Reg CF) and...more

Williams Mullen

Top 10 Employment Compliance Pitfalls for Emerging Companies

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Whether you are a founder or a manager, growing a company from scratch is an exciting process. For most companies, this process will involve the hiring and management of employees at a rapid pace....more

Procopio, Cory, Hargreaves & Savitch LLP

An Alternative Listing Strategy for U.S. and Canadian Capital Markets

U.S. emerging growth companies face many challenges in today’s dynamic capital market when considering going public. One historic obstacle has been the limited number of national exchanges available, with companies usually...more

Blake, Cassels & Graydon LLP

Blakes upRound™: March 2024

Welcome to the March edition of Blakes upRound, a regular publication from the Blakes Emerging Companies & Venture Capital (EC&VC) group that highlights legal developments relevant to venture investors and emerging companies...more

Jenner & Block

Client Alert: SEC Adopts Final Rules for Climate-Related Disclosures as Controversy and Challenges Loom

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On March 6, 2024, the Securities and Exchange Commission (“SEC”) issued an adopting release (Release Nos. 33-11275 and 34-99678), entitled The Enhancement and Standardization of ClimateRelated Disclosures for Investors (the...more

Nutter McClennen & Fish LLP

Rising Tide of SEC Disclosure Obligations Threatens to Inundate Registrants with New Reporting Costs

Overview On March 6, 2024, in a 3-2 vote along party lines, the Securities and Exchange Commission (SEC) issued a controversial 886-page final climate-related disclosure rule (Final Rules) that will require companies to...more

Wilson Sonsini Goodrich & Rosati

2023 Technology and Life Sciences IPO Report

Market volatility, high interest rates, and ongoing geopolitical conflict continue to influence low levels of IPO activity in the U.S. capital markets. The trend is observed across all sectors, resulting in IPO levels similar...more

Wiley Rein LLP

SEC Climate Disclosure Rule: Timing Uncertain as Legal Challenges Move to Eighth Circuit

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The U.S. Securities and Exchange Commission (SEC) faces an uncertain timeline to implement its new climate disclosure rule, as nine legal challenges have now been transferred to the U.S. Court of Appeals for the Eighth...more

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