NEWS & VIEWS

Global private equity and venture capital news and research

North America

15 February 2005

US venture capital activity focused on rebuilding in 2004 $

Venture capital activity in 2004 is expected to complete the year on a positive note, based on investments recorded through the end of the third quarter by the Venture Capital Report compiled by Ernst & Young LLP and VentureOne.

9 February 2005

Why biotech VCs are looking North: the Canadian biotech market $

The CCTO look at why Canada is the second largest biotech community in the world after the US with 470 public and private companies operating in the sector, focusing on the range of foreign VC investments being made in the country.

22 December 2004

NVCA Predictions for 2005 $

The beginning of a new business cycle and a high demand for participation in the venture capital asset class will foster a strong competitive environment among VCs and limited partners alike in 2005, the US National Venture Capital Association predicted. According to Mark Heesen, NVCA President, the year will be characterized by a return to early stage investing as new funds are raised and those dollars begin to be deployed.

14 December 2004

Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Third Quarter 2004) $

In their latest survey Fenwick and West have analysed the terms of venture financings for 113 technology companies headquartered in the San Francisco Bay Area that reported raising money in the third quarter of 2004.

15 November 2004

Hart Monitor: Will Proposed Hart-Scott-Rodino Revisions Affect Private Equity Transactions? $

The US Federal Trade Commission has proposed changes to the Hart-Scott-Rodino rules that would require regulatory filings for a number of partnership and limited liability company (LLC) transactions that historically have been exempt from the HSR "report and wait" regime, says Testa, Hurwitz & Thibeault. The proposed new rules may go into effect later this year or early in 2005. The good news for the private equity industry is that the proposed rules exempt from the HSR regime many private equity transactions that might otherwise have been covered by the new, general approach to partnership and LLC transactions.

8 November 2004

Comply now, IPO later: Factoring Sarbanes-Oxley Into Your Capital Markets Equation $

These days it’s nearly impossible to pick up a business publication without reading something about the US's Sarbanes-Oxley Act. But while much has been said about how SOA affects public companies, less discussion has focused on how it impacts privately held companies that want to become, or be acquired by, a public company. In short, SOA has far-reaching implications for private enterprises bound for public status, says Ernst and Young's Dan Montgomery and Gil Forer. To faciitate a smoother, higher value IPO or trade sale, a company’s management must understand what SOA means for them now, and what changes they will have to make to meet its requirements down the road.

6 October 2004

Comparing European and US venture capital $

European venture capital returns have historically failed to match US returns. Industry commentators often explain the performance gap exclusively in terms of cultural or structural differences. But European underperformance primarily arises from underlying differences in practice, according to European venture fund of funds Mowbray Capital.

6 October 2004

Private equity alert: September 2004 $

A US appeals court recently ruled that the chief executive and majority shareholder of a start-up internet company gained a personal profit by securing funds from venture capital investors for the company, not himself, thereby triggering a personal profit exclusion in the company's directors and officers insurance policy, according to Weil, Gotshal & Manges.

16 September 2004

Are private equity funds liable as employers under federal employment laws? $

Two recent US court decisions have opened the door for private equity funds to be held liable as employers for violations of federal employment laws, according to Nixon Peabody.

16 September 2004

CVCA Enterprise Q3 04 $

A total of $375m was invested in the Canadian private equity industry in the second quarter of 2004, up by 48 per cent from the $254m invested in the same period last year. But the total amount invested was down by eight per cent when compared to the first three months of the year, according to the Canadian Venture Capital and Private Equity Association.

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