News & Analysis as of

Equity Investment

Orrick, Herrington & Sutcliffe LLP

#FounderTeams in German Start-ups – Part II: Founder Equity Distribution Patterns

Our research analyzed founder teams and equity distributions across almost 2,200 German start-ups established between 2019 and 2024, each having secured external funding through angel investors or (corporate) venture capital....more

Mintz Edge

Seed Funding Basics

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After forming a company and dividing equity amongst the co-founders, a founding team’s next questions are typically about funding. Often among ambitious founders, venture capital first comes to mind. Venture capital is...more

Charles E. Rounds, Jr. - Suffolk University...

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Morrison & Foerster LLP

Frequently Asked Questions about UPREITs and OP Unit Transactions

A common structure for equity REITs, the UPREIT model allows a REIT to hold and operate its assets through a single operating partnership. This structure provides tax advantages and liquidity opportunities for property...more

Charles E. Rounds, Jr. - Suffolk University...

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The...

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more

Mintz Edge

Key Considerations for the Prospective Blockchain Investor

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Prospective purchasers of blockchain assets can now navigate through global exchanges (i.e., Coinbase or Kraken) to invest in various forms of tokens. Investments in tokens, however, are only the tip of the iceberg for those...more

Offit Kurman

Will 2025 Bring Greater Equity Investment and Debt Financing in NJ? NJ Aspire 3.0 aspires to do just that.

Offit Kurman on

On January 23, 2025, Governor Phil Murphy enacted significant amendments to the New Jersey Aspire Program by signing Senate Bill 1323/Assembly Bill 2076 into law. The amendments, collectively referred to as “NJ Aspire 3.0”...more

Troutman Pepper Locke

A Sharper Focus: Exploring VC Side Letters

Troutman Pepper Locke on

A side letter in the venture capital sector is an agreement between an investor and the company it is investing in that entitles the investor to certain contractual rights, which supplement and are in addition to other rights...more

DarrowEverett LLP

Post-Closing Incentive Structures for Key Management in Private Equity

DarrowEverett LLP on

If you own or manage a company that a private equity firm is looking to acquire, and you plan to stay on after the closing, you’ll likely need to negotiate two key points: rolling over some or all of your equity and...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

Seward & Kissel LLP

Two Sides of the Same Coin: The Direct Relationship Between Valuation and Dilution in Pricing Venture and Growth Equity Deals

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Two concepts that venture capital and/or growth equity investors often grapple with are “valuation”, the agreed-to dollar value of the target company, and “dilution,” the nexus between an investor’s expected fully diluted...more

Rivkin Radler LLP

Debt or Equity? The Never-Ending Question For Closely Held Businesses

Rivkin Radler LLP on

What Was Intended? Transactions between commonly controlled, closely held businesses are often conducted in an informal manner. This is unfortunate because, in the absence of documentation, it is sometimes difficult to...more

Holland & Hart LLP

Continuing Reporting Obligations Under the Corporate Transparency Act: You're Never Done

Holland & Hart LLP on

Most smaller businesses newly formed or registered to do business in the United States will soon be required to file their initial beneficial ownership report with the federal Financial Crimes Enforcement Network (FinCEN),...more

Mayer Brown Free Writings + Perspectives

SEC Small Business Capital Formation Advisory Committee Meeting

Today, February 7, 2023, the Securities and Exchange Commission’s Small Business Capital Formation Advisory Committee will host a meeting to discuss several matters.  The Committee will discuss alternatives to traditional...more

Cozen O'Connor

AG Coalition Accuses Proxy Advisors of Prioritizing Environment, Diversity over Financial Gain for Clients

Cozen O'Connor on

A group of 22 AGs wrote a letter to proxy advisory firms International Shareholder Services, Inc. (ISS) and Glass, Lewis & Co. accusing the companies of potentially violating federal and state laws regarding the advice and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Convertible Notes, Accelerated Share Repurchases and Other Equity-Linked Instruments: Challenges and Opportunities in 2023

Increased volatility and reductions in asset values in the equity markets, coupled with rising interest rates and a slowing macroeconomic environment, have affected a wide range of equity-linked products. Continuation of...more

Morrison & Foerster LLP

Financing Options for an Early Stage Company in the Alternative Protein Industry

Morrison & Foerster LLP on

This article is Part A of the fifth alert in our series of alerts focussed on the alternative protein industry. It provides an overview of financing options for players in the industry and specifically discusses information...more

Moore & Van Allen PLLC

Racial Equity Audits: The New ESG Frontier

Moore & Van Allen PLLC on

Investors and shareholders are more frequently requesting racial equity audits of large companies to demonstrate their attention to ESG and DEI goals. Moore & Van Allen PLLC attorneys Valecia M. McDowell and Elena F. Mitchell...more

Stinson - Corporate & Securities Law Blog

Delaware Supreme Court Holds Indirect Equity Holders Not Bound by ROFR

In Borealis Power Holdings Inc. v. Hunt Strategic Utility Investment, L.L.C., the Delaware Supreme Court reversed the Court of Chancery and held the ROFR in an investor rights agreement was not applicable to an indirect...more

Faegre Drinker Biddle & Reath LLP

COVID-19 Pandemic: U.K. Equity Investment and Company Financing

Trading Conditions for U.K. Businesses - On 14 May 2020, the U.K.’s Office for National Statistics published its latest indicators for the U.K. economy and society in view of the COVID-19 pandemic....more

Herbert Smith Freehills Kramer

NAIC Targets Collateralized Fund Obligations

In a previous issue of FundsTalk, we discussed collateralized fund obligations (CFOs), investments backed by portfolios of private investment fund interests. In recent months, the National Association of Insurance...more

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