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Private Equity’s Plan B: Navigating the Exit Drought with Continuation Funds

In a typical bull market, private equity sponsors exit out of portfolio assets through IPOs, strategic sales and sponsor-to-sponsor buyouts. But the 2025 deal market has proven to be neither typical nor robust....more

Pitch Perfect: Demo Days, General Solicitation and the HALOS Act of 2025

Your company is invited by a local meetup group to present at demo day with other startups, and you accept.  The group announces the demo day lineup of startups in an e-blast, on its website, on its Facebook page and through...more

Crypto Collectibles: Meme Coins Deemed Not Securities by SEC Staff

According to crypto platform Kraken, the aggregate market cap for all meme coins is over $70 billion.  Five meme coins would be considered unicorns (market cap over $1 billion) if they were startups.  Dogecoin’s market cap is...more

Beyond the Discount: Why Maturity Terms Matter in Convertible Notes

When negotiating convertible notes, parties typically focus on the terms of conversion upon an equity financing, most notably the discount and valuation cap.  This is understandable inasmuch as the not-so-hidden secret of...more

Planting Seeds:  New Standard Convertible Note Could Disrupt Angel Investing

In the world of early stage investing, there exists a range of structures from the most founder friendly to the most investor friendly.  The most investor-friendly structure involves some type of a priced round in which...more

Navigating the Downside: The Rise of Down Rounds in 2024 VC Deals

I had a chance to sift through Pitchbook’s U.S. VC Valuations Report for the first quarter of 2024.  The data point that really jumped out at me was the increase in down rounds.  The number of flat and down rounds as a...more

Making Finders Keepers: Unregistered Broker-Dealers and the Need for Reform

Identifying potential investors is one of the most difficult challenges facing early-stage companies.  The range of amounts sought at this stage is typically greater than what could be provided by the founders and friends and...more

Parting the Crypto Sea: Ripple’s XRP Ruled to be a Security When Sold to Private Investors, But Not When Sold on an Exchange

Judge Analisa Torres’ greatly anticipated Order in the SEC’s lawsuit against Ripple is a split decision.  The Order basically finds that Ripple’s digital token XRP is a security when sold privately to individuals and...more

Revenue Participation Rights as a Crowdfunding Instrument Alternative

The anti-child trafficking thriller “Sound of Freedom” just opened in theatres on July 4th.  Based on a true story, it stars Jim Caviezal as former Homeland Security special agent Tim Ballard who quits his job with the agency...more

Too Big to Waive? Enforceability of Drag-Along Covenants Not-to-Sue

In the world of venture capital, there are certain investor rights that ensure the smooth execution of exit transactions.  The primary such mechanism is the drag-along provision, under which one group of stockholders agrees...more

Push to Facilitate Liquidity in Private Companies

What do founders, employees and investors in privately held companies all have in common?  Limited opportunity to sell their shares.  That’s because of various legal, contractual and market factors that impede the sale of...more

Protecting the Protected: SEC Proposes New Safeguards for Private Fund Investors

The Securities and Exchange Commission just proposed new rules to protect investors in private investment funds. The proposed rules would require private fund advisers to disclose certain information and avoid certain...more

The Upshot of Down Rounds

The impact of the Coronavirus and COVID-19 on venture capital investment will likely be similar to what we saw in the aftermath of the 2008 recession and the 2001 dot-com meltdown. VC investors will redirect their attention...more

WeWork, SoftBank and Anti-Dilution Protection

The corporate spectacle better known as The We Company IPO officially and mercifully came to an end September 30 when The We Company (“We Co.”), the corporate parent of WeWork, requested that the Securities and Exchange...more

Sellout: Why Control is Key in the Sale of VC-Backed Companies

Every founder of a growth startup dreams of a big, successful exit — a sale of the company for millions of dollars. But that dream could be shattered if the investors are able to cause the company to be sold prematurely with...more

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