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|Looking For a Growth Or Exit Strategy? Be Alert to Changing Winds In Private Equity|
Patrick Gervais, Dennis J. Tobin; Blaney McMurtry LLP;
September 22, 2012, previously published on September 2012Increasing numbers of Canadian business owners appear to be looking for opportunities to grow their business or exit them by way of a merger or sale. Business owners who have sailed their companies clear of the financial storms that started in 2008 remark on an eerie calm in the M&A business where...
|SEC Proposes JOBS Act Amendments to Rule 506 and Rule 144A to Remove Ban on General Solicitation|
Paul Bork, Dean F. Hanley; Foley Hoag LLP;
September 18, 2012, previously published on September 11, 2012On August 29, 2012, the Securities and Exchange Commission released proposed amendments to Rules 506 and 144A in order to remove the prohibition on general solicitation and general advertising in Rule 506 and 144A offerings, as directed by the recently enacted JOBS Act. The SEC says it will accept...
|Defining a Joint Venture's Scope of Business: Key Issues to Consider|
Ruth E. Fisher, Benyamin S. Ross; Gibson, Dunn & Crutcher LLP;
September 14, 2012, previously published on September 12, 2012Early in the discussions about whether and how to form a joint venture -- perhaps as the very first significant issue to be resolved -- the potential joint venture partners will try to agree on the scope of the venture's business. That definition is usually embodied in one or more of the venture...
|3 Questions - with Scott Alderton, Stubbs Alderton & Markiles, LLP|
Scott W. Alderton, Heidi Evidente; Stubbs Alderton & Markiles, LLP;
September 12, 2012Questions asked by you the reader. This month features Scott Alderton, founder and partner of Stubbs Alderton & Markiles, LLP. Alderton is also the co-chair of the firm’s Venture Capital & Emerging Growth Practice Group. A corporate & technology lawyer, Alderton focuses on...
|Crowdfunding Traps for the Unwary|
Benjamin M. Hron; McCarter & English, LLP;
September 5, 2012, previously published on August 31, 2012The advent of online crowdfunding has been a tremendous boon to entrepreneurs. Through Kickstarter, Indiegogo and an increasing number of other sites, entrepreneurs can easily reach out directly to the masses to help fund innovative new projects, rather than seeking institutional capital through...
|Updates on Cleantech and Nanotech Venture Capital|
J. Steven Rutt; Foley & Lardner LLP;
August 13, 2012, previously published on August 5, 2012The National Venture Capital Association (NVCA) is participating in a statement responsive to the ¿No More Solyndras Act.¿ The gist is to not ¿throw the baby out with the bathwater¿ in ¿fixing¿ the government programs that led to the Solyndra problems.
|Proposed Changes in PRC Law Impacting on Fund Managers|
Yong Ren, Phill Smith; Mayer Brown JSM;
August 2, 2012, previously published on July 31, 2012 This update describes two recent PRC legal developments: the amendments proposed to be made to the Securities Investment Funds Law and the possible introduction of a qualified domestic limited partner (QDLP) scheme in Shanghai.
|Italy: Private Equity Structure|
Marco Abramo Lanza; Studio Biscozzi Nobili;
July 27, 2012, previously published by BNA International - Tax Planning International ReviewIn recent years Italy has become an attractive environment for the private equity sector. The standard of medium size enterprises allows investors to enter the Italian market with the aim of purchasing 100 percent of the Italian company or creating JV with the Italian entrepreneur. The tax tool is...
|Alternative Private Equity Fund Models|
Yong Ren, Phill Smith, Ben B.Y. Wong; Johnson Stokes & Master Mayer Brown JSM;
July 5, 2012, previously published on July 3, 2012There appears to be no shortage of potential fund managers interested in launching a private equity fund and equally there appears to be no shortage of investors interested to participate in private equity style investing. So why is it often so difficult for potential fund managers to raise and...
|The Venture Capitalist Said "Protectable IP"|
Michael A. Mann; Nexsen Pruet, LLC;
July 5, 2012, previously published on June 28, 2012He wanted protectable intellectual property. The venture capitalist didn't say protected IP or protective IP, just protectable IP. Was that sarcasm or was he distinguishing among types of intellectual property?: protectable versus unprotectable. “Unprotectable” sounds like the...