News & Analysis as of

Equity Investors

Davis Wright Tremaine LLP

Food Venture Financing News – Weekly Issue No. 248

Food Venture Financing Trends - Saudi Arabia-headquartered food tech startup Calo, specializing in direct-to-consumer meal subscription services, secured $39 million in a Series B extension, which will enable them to...more

Cooley LLP

Flexible Financing in Focus: Why Convertibles Are Taking Center Stage in 2025

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Market momentum - As we close out the first half of 2025, we are seeing renewed and encouraging energy in the capital markets. While the eight technology initial public offerings (IPOs) that have occurred so far this year...more

McDermott Will & Schulte

Key Takeaways | Deploying Sponsor Capital: Tactical Financing Moves for Portfolio Companies

During this session, the panelists explored whether portfolio company support should come from the sponsor or lenders when portfolio companies require additional funding. They discussed when to deploy sponsor-backed financing...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

Patterson Belknap Webb & Tyler LLP

Transition Agreements

You've spent years developing the idea, all-nighters and weekends building the business. You've courted investors and customers. You could never leave your company. Or could you?...more

Offit Kurman

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

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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

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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

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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

Cadwalader, Wickersham & Taft LLP

A New Age of PerFFFection June 2024 - Potential Impact of UCC Article 12 on Fund Finance Transactions

At the bottom of the stack in investment fund structures, there are generally “real” assets—things like equity interests in portfolio companies, mortgage loans, commercial receivables, maybe even bricks and mortar. Fund...more

Fenwick & West LLP

The Future of DEI Shareholder Proposals

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Following the death of George Floyd and the Black Lives Matter protests against racial inequity in 2020, many companies increased their commitments to diversity, equity and inclusion (DEI), as well as their external...more

Foley & Lardner LLP

What Every Multinational Company Should Know About . . . Navigating Economic Downturns through Racial Equity Audits

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A strong correlation exists between a multinational company’s Diversity, Equity & Inclusion (DEI) efforts and the company’s financial performance. Racial equity audits often are utilized to measure the precise quality and...more

Foley & Lardner LLP

Allocation of Equity to Founders, Directors, and Advisors

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Allocation of equity is one of the first and most significant topics that arises when forming a company. In fact, how founders split their equity in the initial stages essentially determines who will control the major...more

Foley & Lardner LLP

What's next for startup founders in 2023: hold, fold or raise

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At the beginning of any new year, startup founders are faced with a choice: stay the course, grow or sell. With significant market headwinds, soaring inflation, and an interest rate environment that looks to be rising as far...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

Williams Mullen

[Webinar] Ideas for Businesses to Navigate Economic Uncertainty - October 25th, 8:30 am - 11:00 am ET

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...join us for Ideas for Businesses to Navigate Economic Uncertainty, a webinar comprised of brief - only 15 minutes each! - presentations tailored to meet the needs of senior executives and leaders of in-house legal...more

Moore & Van Allen PLLC

Racial Equity Audits: The New ESG Frontier

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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

Bass, Berry & Sims PLC

Key Considerations for Emerging Companies: Equity Compensation

Equity compensation – which links the self-interests of a company’s service providers with the interests of the company and its investors – is a compelling incentive for start-up companies to attract and motivate employees...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] New Dawn, New Day - A discussion of Economic Justice, Racial Equity and Social Impact Investing with Mayor Aja Brown -...

Mayor Aja Brown made history and quickly became a national trailblazer, elected at 31 as the youngest mayor to serve the City of Compton. She is an established leader, utilizing her expertise as an urban planner, economic...more

Morrison & Foerster LLP

MoFo 2020 Asia Buyouts Report: Update On Deal Terms – Part 1: Pricing The Deal

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We looked at 28 deals across Asia signed or closed pre-COVID-19 in which the buyer or a group of affiliated buyers acquired all or a significant majority of the outstanding equity of the target. We examined the common key...more

Akin Gump Strauss Hauer & Feld LLP

Targeting Asian Investment Opportunities

The attraction of seeking out superior investment returns from well-structured investments in Asia’s unique markets has never been stronger. Economies in countries such as China, India, Japan, Korea and Southeast Asia all...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

King & Spalding

IRS Rejects Investors' Claim for Refined Coal Credits in Technical Advice

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In Technical Advice Memorandum 2017-29-020 (July 21, 2017) (the “TAM”), the IRS denied claims by two tax equity investors (the “Investors” or each an “Investor”) for renewable energy tax credits on grounds that the...more

Mintz - Bankruptcy & Restructuring Viewpoints

SCOTUS to Settle Circuit Split on Rule Applicable to Recharacterization of Debt to Equity Disputes

The Supreme Court has granted certiorari to decide the question of whether bankruptcy courts should apply state law or a federal rule of decision when determining whether to recharacterize a debt claim as a capital...more

WilmerHale

Don't Make Founders' Equity Even

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Sometimes I think about replacing the table in my office with a sofa and a box of tissues. I’m a lawyer, but sometimes I feel like a therapist. When startup founders sit down with me to hash out equity splits and trust and...more

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