Practical Strategies For Venture And Private Equity Backed Businesses Considering PPP Loans

By: Jonathan D. Gworek and Matthew L. Mitchell With the issuance of the U.S. Treasury Departments “Interim Final Rules” and related Guideline within the Paycheck Protection Program’s (“PPP”) “Affiliation rules”, there have been concerns that the Affiliation Rules may deem the portfolio companies of venture capital and private equity firms as affiliates of the fund …

Mike Jabbawy Speaking at Boston Bar Association Venture Capital & Private Equity Conference

At the Boston Bar Association Venture Capital and Private Equity Conference, corporate partner Mike Jabbawy will serve as a panelist for the topic "What's New in Early Stage Financing?" The panel will discuss the continued prevalence of the use of SAFE form agreements in lieu of convertible notes, VC incubator models, crowd funding, and more. …

Scott Bleier on ABA Panel Discussing Recent Judicial Developments Relating to Private Equity and Venture Capital

At the March 2019 ABA Business Law Section Spring Meeting in Vancouver, the Private Equity and Venture Capital Jurisprudence Subcommittee will feature presentations from a panel on recent judicial developments relating to private equity and venture capital. The panel will include corporate partner Scott Bleier, Lisa Hedrick of Hirschler, and Meghan Adams of Morris James. More information …

Daniel Blanchard Joins MBBP as Corporate Senior Attorney

We are pleased to welcome seasoned Corporate Senior Attorney Daniel J. Blanchard to the Firm. Dan advises his clients on corporate governance, strategic commercial transactions, equity and debt fundraising activities, and mergers and acquisitions. Dan also counsels lower-to-mid-market private equity funds and family offices in connection with their investments, the management of portfolio companies, and leveraged “roll-up” …

First Time Funds: The fundraising environment is strong; the fundraising process is hard

Raising capital for a first time private equity fund is difficult. First time fund managers often are surprised by how long it takes to secure enough capital commitments to hold a fund’s initial closing, particularly when seeking commitments from institutional investors. The good news is that first time funds have recently been in favor with …

Adviser Sanctioned for False Statements to Prospective Investors

The Securities and Exchange Commission sanctioned a private equity fund adviser and its chief executive officer for making false statements about the other investors that had committed to invest in one of the adviser’s private equity funds. As part of a settlement with the SEC, the adviser agreed to cease acting as an investment adviser …

TPG Pays $12.8 Million to Settle Allegations that it Misled Investors

TPG Capital Advisors, LLC will pay $12.8 million to settle allegations that it misled prospective investors in three of its private equity funds. According to a settlement with the Securities and Exchange Commission, TPG misled prospective investors by failing to disclose its practice of requiring some portfolio companies to pay accelerated monitoring fees when certain …

SEC Targets Broken Deal Expenses, Again

By: Josh Watson Private equity firm Platinum Equity Advisors, LLC (Platinum) improperly charged broken deal expenses to three of its private equity fund clients, according to a settlement with the Securities and Exchange Commission on September 21, 2017. The settlement requires Platinum to reimburse its clients for $1.7 million of improper charges and pay a …

Mary Beth Kerrigan Was Encore Panelist at CLE Webinar on Venture Backed M&A

Back by popular demand, corporate partner Mary Beth Kerrigan spoke on an encore panel of this year's ABA Business Law Annual Meeting, titled "Venture Backed M&A: Special Considerations".  Mary Beth and her fellow panelists discussed complex issues that commonly arise in acquisitions of venture-backed companies, including complicated waterfalls, the blurring of management incentives with purchase price, and much …

MBBP’s Joshua Watson quoted in Bloomberg article discussing private equity tax and financial reform in the Trump era

Corporate partner Joshua H. Watson was quoted in a Bloomberg article discussing possible changes to the private equity industry during Donald Trump's presidency. The article details the top three priorities for the private equity industry as Trump takes office: carried interest, interest deductibility, and changing Dodd-Frank registration requirements.  Regarding Dodd-Frank requirements, Josh notes that if …