Nov 30, 2020 Indirect Risks Posed by Climate Change to Financial Institutions By Jacob H. Hupart Although legal risks related to climate change are often thought to focus on the fossil fuel industry, either with respect to government...
Nov 26, 2020 PitchBook Reports Down Rounds Fall After Spike in Q2 By Jeremy D. Glaser When the COVID shut downs started in March 2020, most participants in the venture capital ecosystem thought we were heading towards...
Nov 25, 2020 Multi-Billion Venture Capital Funds are the New Normal By Jeremy D. Glaser It is fascinating for me to watch the ever larger venture capital funds being raised. I started representing venture capital funds and...
Nov 25, 2020 Nurses, No Poach Agreements and Antitrust: The Sherman Act Statute of Limitations Will Outlast the Pandemic By Joseph M. Miller https://khn.org/news/highly-paid-traveling-nurses-fill-staffing-shortages-during-covid-pandemic/ The COVID wave is putting severe strains...
Nov 24, 2020 SPACs Represent New Opportunity for Venture Funds and Their Portfolio Companies By Jeremy D. Glaser SPACs have a number of advantages for both venture capital funds and their portfolio companies to achieve successful exits. I have...
Nov 24, 2020 SEC's Division of Corporation Finance Issues Disclosure Guidance for Risks Associated with China-Based Companies By Mintz On Monday, the SEC's Division of Corporation Finance ("CorpFin") issued CF Disclosure Guidance: Topic No. 10, outlining views regarding...
Nov 23, 2020 A Strategy Article that Even Lawyers Can Love By Stephen M. Osborn I know lawyers are not supposed to get jazzed about business strategy articles - but I do. This article from The Information is...
Nov 23, 2020 SEC Adopts Amendments to MD&A Disclosure Requirements By Mintz Last week, the SEC adopted changes to financial disclosure requirements in Regulation S-K, including the elimination of the requirement...
Nov 23, 2020 Potential SCOTUS Decision Mandating Climate Change Litigation Only in Federal Courts By Jacob H. Hupart Earlier this week, the opening brief in a climate change action was filed in the Supreme Court. Although the issue before the Supreme...
Nov 20, 2020 Decoding "Net Working Capital" Adjustments in M&A Transactions to Avoid Disputes By Stephen M. Osborn The Mintz M&A team recently met with Floyd Advisory regarding working capital disputes. Floyd penned a great article about arbitrating...
Nov 20, 2020 Use of 3.5 GHz Spectrum for Smart Factories By Angela Y. Kung Intriguing piece highlighting ways that non-traditional bidders in FCC auctions are planning to deploy their spectrum holdings for...
Nov 20, 2020 The Challenges of Holding Live In-Person Trials During the Pandemic By Jason P.W. Halperin A shout-out to the Judges, deputies, law clerks, court reporters, interpreters, marshals, and other courthouse personnel around the...
Nov 19, 2020 Startups Should Focus on Exit Strategy Early By Jeremy D. Glaser In the well-known scene from the great business movie “Glengarry Glen Ross”, Alec Baldwin tells his team that they need to “Always Be...
Nov 19, 2020 Effective Communication of ESG Metrics in Proxy Statements By Mintz As the annual year-end reporting and proxy season approaches, we at Mintz are starting to work with our clients on effective ways to...
Nov 19, 2020 SEC Enforcement Actions Decline By Jeremy D. Glaser The SEC under Chairman Jay Clayton has been favorable to capital formation especially with respect to private companies and smaller...
Nov 18, 2020 10b5-1 Trading Plans: SEC Chair Clayton Calls for Lengthy "Cooling-Off" Periods Before First Trades By Mintz So-called 10b5-1 trading plans (named for the Exchange Act rule that permits their creation) have become popular as a means for...