-
The initial coin offering (ICO) market has become one of most closely watched areas of financial activity, with ICOs drawing in a variety of investors. Regulators’ caution and the uneven performance of some ICOs are competing with investors interested in capturing a stake in these crowdsales. As we discuss in our ICO teleconference series, due diligence and a thorough understanding of the range of potential risks and outcomes are critical, especially at a time of tightening regulatory attention.
-
In March 2018, for the first time in four years, the National Venture Capital Association updated its model legal documents, which have become the standard in the venture capital industry. Many changes are utilitarian, such as the addition of several customized optional representations and warranties in the stock purchase agreement, provided to accompany different types of deals across various industries.
-
On May 24, the Economic Growth, Regulatory Relief, and Consumer Protection Act (the “Relief Bill”) was enacted into law.[1] The Relief Bill represents the first significant statutory modification to the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) since the Dodd-Frank Act was adopted in 2010. While most of the Relief Bill is intended to tame restrictions in existing federal banking law, Title V of the Relief Bill, among other things, amends certain provisions of the federal securities laws to encourage capital formation.
-
Startup and growth-stage companies typically rely on venture capital equity financing for their fundraising needs. Although venture capital is necessary to grow a business, it may not be the best tool available if the objective is a cash infusion to meet developmental and other milestone goals. Rather, taking on debt in the form of a venture loan (which, by conservative measures, is a $4 billion per year industry), may best serve companies’ cash needs, while avoiding unnecessary dilution.
-
Over the last few years, various fund sponsors have been contemplating different ways to bring cryptocurrency exchange traded products to the masses. For these fund sponsors it has been an arduous journey, and with the recent pronouncements from the Securities and Exchange Commission’s (the “Commission”) Division of Investment Management, it appears that this journey is only beginning.