NEWS & VIEWS

Global private equity and venture capital news and research

North America

21 November 2005

The Bayh-Dole Act: eight points that every technology company should know $

Prior to 1981, the US Government owned but rarely patented the inventions it funded because there existed a prevailing belief that publically funded research belonged to the public, says Baker & McKenzie. Today, the Bayh-Dole Act allows for private ownership of government funded inventions. However, venture capitalists undertaking technology transfer from universities, federal labs or other entities that receive government funding should be aware of a few of the legal requirements imposed by the Bayh-Dole Act before committing significant resources to these endeavours.

2 November 2005

Evergreen 144A Real Estate Funds – appealing new option for private equity sponsors? $

For many private equity sponsors, the ability to raise a fund with “evergreen” capital is an appealing proposition, says Weil, Gotshal & Manges. An example of this was the flurry of Securities and Exchange Commission filings last year by private equity sponsors to raise capital for public “business development companies” or BDCs. Recently, a new product has been developed, the “144A fund”.

24 October 2005

Canadian pension funds: new freedom to address a familiar problem $

Strong asset growth over the past year has helped raise the average funding ratio of Canada’s pension plans. However, under-funding remains the most pressing problem facing Canadian pension fund LPs, according to new research from Greenwich Associates.

4 October 2005

The US private equity market $

A historic perspective on US private equity together with views on the importance of manager selection and on portfolio construction are what Chris P. Welch discusses in his presentation.

27 September 2005

US venture-backed valuations climb to $15.6 million in second quarter $

Fueled by continuing investor interest in late-stage technology companies, valuations of U.S. venture-backed companies hit their highest point in four years in the second quarter. Overall, the median premoney valuation rose to $15.6 million in the quarter, an increase of $2.1 million over the same period a year ago, according to VentureOne.

26 September 2005

Executing a privately-held business succession plan with a leveraged recapitalisation $

With the rise in valuations for many middle-market companies in recent years, owners of privately-held businesses are once again confronting the decision of whether or not to sell. Owners who are not ready to retire completely, but want to unlock the value of the equity they have built in their business have alternatives, says Bank of America Business Capital.

21 September 2005

US leveraged buyouts of Canadian targets: Effective structuring isn’t just for billion-dollar deals $

Non-Canadian residents have acquired Canadian corporations by incorporating a Canadian acquisition corporation (CanAcquireco) in a Canadian jurisdiction and funding it by way of interest-bearing debt and equity on a 2:1 basis to comply with Canadian thin capital rules, say Corrado Cardarelli and Stephen Donovan from Torys LLP.

21 September 2005

Staying out of the courthouse $

These are good times for private equity sponsors. Interest rates remain relatively low, says Weil, Gotshal & Manges. Credit is generally easy to obtain and leverage multiples are high. The press talks of quick flips and large profits for private equity sponsors rather than of troubled investments. Bankruptcy filings are down significantly from a few years ago.

7 September 2005

Private Equity Alert $

This Nixon Peabody Alert discusses recent amendments to the US laws affecting Delaware alternative entities, including those formed under the Revised Uniform Limited Partnership Act, the Limited Liability Company Act and the Revised Uniform Partnership Act.

31 August 2005

Leveraging the US Earnings Repatriation Tax Incentive $

There are a number of issues that need to be addressed by private equity houses and their portfolio firms before determining whether repatriation of foreign earnings at a deeply discounted tax rate is an optimal business strategy, says Bank of America Business Capital.

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