NEWS & VIEWS

Global private equity and venture capital news and research

North America

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.

8 September 2004

Private equity sponsors and interlocking directorates: Potential antitrust pitfall for the unwary $

A recent US lawsuit has ruled that a private equity firm cannot appoint directors to the boards of two competing portfolio companies even if those directors are different individuals. Debra Pearlstein and Jae Kim of Weil, Gotshal & Manges advise private equity firms on how to avoid the pitfalls of this legislation.

31 August 2004

Lessons from Google’s IPO $

On the surface, Google's IPO appears to have been at least a partial success. But it remains far too early to issue a verdict. Knowledge Wharton examines the details of the flotation and assesses the company's chances for the future.

26 August 2004

The aftermath of Connecticut v. Forstmann Little: Lessons from Connecticut state court $

A Connecticut jury recently delivered a mixed verdict in the state pension fund's suit against Forstmann Little by finding that the private equity firm breached its contract with the State of Connecticut, but rejecting the State's request for monetary damages. Rebecca Silberstein of Debevoise & Plimpton explores the impact of this ruling.

27 July 2004

Creeping regulation of private equity fund managers $

A spate of recent regulatory initiatives in the US, have served to focus increasing attention on operations that were once considered to be private. Michael Collins of Testa, Hurwitz, Thibeault examines the implications of this legislation for the nation's private equity industry.

21 July 2004

US Global entrepreneurship Monitor: 2003 executive report $

After two years of decline, entrepreneurial activity in the US showed a marked improvement in 2003, according to the latest Global Entrepreneurship Monitor.

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