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Headlines



Seller Financing Becomes Crucial for Small Business Owners
For small companies looking to cash out, this may be an ideal time -- if they are willing to give sellers a financial hand. The reason is that fewer businesses are on the block these days as owners fret over the ability to live off their proceeds during the economic and market downturn.
(Source: The Wall Street Journal, 2008-11-13) Read the full article
Expert Cautions Small Biz Not to Panic During Economic Crisis
Jeffrey Hull, a former corporate manager who now blends careers as an executive coach and psychotherapist, suggests a small business survival strategy that goes to the heart of the matter: Don't panic.
(Source: The New York Times (free reg. req'd), 2008-11-12) Read the full article
SBA Pushes to Allow Higher Interest Rates for Business Loans
The Small Business Administration hopes to encourage lenders to resume making 7(a) business loans by letting them charge higher interest rates to borrowers.
(Source: The (Portland) Business Journal, 2008-11-13) Read the full article
More Business Owners Look to Outsourcing to Cut Costs
As sales drop and business owners look for ways to cut their overhead, sending jobs to cheaper locations is an option back on the table.
(Source: CNNMoney.com, 2008-11-11) Read the full article
Amid Credit Crunch, More Small Businesses Turn to Bartering
Caught in the credit vise of 2008 that is threatening their livelihoods, small-business owners are turning in droves to an age-old source of commerce: the exchange of goods and services, or barter, to hold on to their precious cash. In response, barter exchanges are working hard to sign up participants.
(Source: The New York Times (free reg. req'd), 2008-11-12) Read the full article
Senate Committee Warns Banks to Start Lending Money
The head of the Senate Banking Committee said banks receiving money as part of the $700 billion federal bailout must step up their lending to consumers and businesses. Banks are failing to use public funds to make credit more available and to help troubled homeowners, said Sen. Christopher Dodd, D-Conn. Congress did not pass the bailout plan so banks could hoard the money or use it to scoop up faltering rivals, he said.
(Source: CNNMoney.com, 2008-11-13) Read the full article
Private Equity Firms Face Problems Over "Denominator Effect"
Not since fourth grade have so many sophisticated investors been so troubled by a basic math equation. An asset-allocation problem called the "denominator effect" is forcing the selloff of billions in private equity and alternative investments.
(Source: Fortune, 2008-11-17) Read the full article
Recent Statistics Paint Bleak Future for Venture Capital
Venture capital's troubles have become a popular subject of conversation in recent weeks, not least because of the recent announcement that so far in 2008 only six venture-backed companies had managed to "go public" with their first sale of stock. Statistics have led to growing speculation that the venture-capital industry, once the pride of American entrepreneurialism, may have reached a tipping point on the way to oblivion.
(Source: ABC News, 2008-11-14) Read the full article
Experts Predict Major Tax Overhaul from New Administration
The next Congress and the Obama administration are expected to make major changes in both individual and business taxes, said a panel of Ernst & Young tax experts. Some of those changes include indexing and extending the alternative minimum tax patch, eliminating income taxes for senior citizens who earn less than $50,000 annually, offering a $4,000 refundable tuition credit and health insurance credits, and eliminating capital gains taxes for investments in startup companies.
(Source: Financial-Planning.com, 2008-11-13) Read the full article
Private Equity Execs Predict Tough Times for Global Economies
Top executives at some of the world's largest private equity firms gave a grim forecast for the U.S. and global economies, although they expected Asia to recover from the downturn more quickly.
(Source: The Boston Globe (free reg. req'd), 2008-11-13) Read the full article
Headlines
And Where Were the Outside Directors?
Joseph E. DeGroff
Joseph DeGroff

Ponder, if you will, the impact of the economic, financial and credit market crisis on proper governance trends and the related board of director oversight role. Will independent members of corporate boards face aggressive and possibly well funded "where were the outside board members" attacks? The answer will surely be yes.

Read the article about outside directors.

Are You Prepared for Employee Free Choice?

Employers beware: the Employee Free Choice Act is almost here!  This proposed law - known as EFCA - will bring about a profound change in the law and will make it much easier for unions to organize your workforce.  It will make smaller employers more likely targets for organization.  Now is the time to prepare for this significant change, before it is too late.

Read the entire article on EFCA.

Inside the Lines

Steven K. Humke John R. Thornburgh
Steve Humke John Thornburgh

U.S. Sen. Richard Lugar Provides Post-Election Analysis on the State of Agribusiness

Ice Miller LLP recently hosted a briefing with U.S. Sen. Richard Lugar and a distinguished panel of agricultural policy and agribusiness experts for one of the first post election analysis events.  The dialogue focused on the future of agriculture under the Obama Administration and a preview of legislation likely to be introduced in the 111th Congress.

You can find out more about the event by visiting our agribusiness blog or reading the press release.

By the Numbers

Jobless Claims Surge

In more grim economic news released last Thursday, the number of newly laid-off workers applying for jobless benefits last week hit the highest level since the period right after the Sept. 11, 2001, terrorist attacks.

As the economy weakens, the government's fiscal health was projected to deteriorate, too, with layoffs cutting into tax revenues and forcing higher payouts for programs such as unemployment benefits and food stamps.

Unemployment, which jumped to a 14-year high of 6.5 percent in October, is now projected to climb above 8 percent. Sung Won Sohn, an economist at the Smith School of Business at California State University, said that will further crimp government tax revenues, which were down 7.5 percent in October from a year ago.

Source: Yahoo! News

Upcoming Events

November
November 21 - Ag Leadership Seminar

December
December 4 - Life Sciences Distinguished Speaker Series: Eric M. Meslin, Ph.D.

There will be no Venture Briefing on Wednesday, November 26 because of Thanksgiving.

Private Equity and Venture Services Practice Group

Ice Miller has been active in the private equity industry for over 25 years, representing both management teams building great companies and the private equity firms and individuals that invest in them. We have extensive experience with all types of funds (formations and operations); mezzanine and senior secured financings; leveraged buyouts, roll-ups, build-ups, and consolidations; divestitures and exits; and complex litigation on behalf of investors and privately financed companies.

Read the complete profile of the Private Equity and Venture Services Practice Group.

Mark Alson Michael Millikan
Tim Capen Malene Prince
Kristine Danz Bo Ramsey
Joseph DeGroff Jennifer Rhodes
Dustin DuBois Brent Showalter
Edward Galbraith Scott Snively
Eric Goodman John Thornburgh
Steven Humke Janice Wilken
Azin Lotfi

 
This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.