NEWS & VIEWS

Global private equity and venture capital news and research

North America

19 February 2003

USA Patriot Act $

On 18 September 2002, the US Department of the Treasury released new regulations concerning the USA Patriot Act. Alan B Horn, Carl A Fornaris and Ileana Gomez of Greenberg Traurig give an outline of the issues that affect venture capital funds, taking into account recent moves to exempt some firms.

17 February 2003

Canada’s venture capital industry in Q3, 2002: an overview $

Following a major contraction in the second quarter, the Canadian venture capital industry experienced an increase in activity in the third quarter of 2002. Canadian venture capitalists invested C$475m in Q3, up seven per cent on the C$445m invested in Q2.

5 February 2003

January Fund Tracker $

The start of the year saw two new funds enter the market and five buy-out funds holding final closings for a combined $5.8bn.

15 January 2003

The joy of SOX $

The recent Sarbanes-Oxley Act will have a significant impact on the US mergers and acquisitions market, both positive and negative. Charles Nathan of Latham & Watkins discusses the impact that the reforms will have on private equity involvement in M&A and the future IPO outlook.

13 January 2003

Going Private: Corporate Adviser $

As corporate scandals and falling public markets erode the confidence with which people view public companies, Michael J Levitin, Steven S Snider and Kimble C Cannon of Hale & Dorr discuss the benefits and pitfalls of a decision to go private. There are various financial savings that may influence a company's decision to go private, including the elimination of accounting and legal costs associated with the now mandatory requirement for public companies to file quarterly reports with the SEC.

7 January 2003

Crowding out private equity: Canadian evidence $

Canada's aggregate pool of venture capital has actually been reduced rather than increased by the introduction of the Labour Sponsored Venture Capital Corporation (LSVCC), say Douglas Cumming of the University of Alberta and Jeffrey MacIntosh of the University of Toronto in this study of the Canadian venture capital industry.

7 January 2003

ERISA Plan Assets Regulation: 15 years on $

For the past 15 years the US private equity industry has been able to structure its funds according to the Plan Assets Regulation, registering as ‘venture capital operating companies' so that they are not subject to ERISA's compliance rules. Patricia Cashman of Testa, Hurwitz and Thibeault discusses the impact of the regulation as well as suggesting improvements.

17 December 2002

Sponsored spin offs: the private equity fund as anchor investor $

One way for large corporates to find private equity buyers for non-core operations may be to spin them off. Paul S Bird and Peter F G Schuur of Debevoise discuss the legal and tax issues involved in structuring such an investment opportunity.

10 December 2002

PwC US Moneytree Survey Q3 2002 $

The third quarter brought no good news for the US venture community. Investment activity fell 26 per cent on the previous quarter to its lowest level for four years, according to the latest MoneyTree Survey from PricewaterhouseCoopers/Venture Economics/National Venture Capital Association.

4 December 2002

Venture capital firms: getting the right rights $

A recent Department of Labor advisory opinion has at last clarified the ways in which venture capital firms can avoid ERISA's strict fiduciary mandates. Legal firm Palmer & Dodge explains.

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