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| After a steep drop in the first half of 2009, Silicon Valley's venture deals rebounded modestly in the second half and featured an encouraging resurgence in early stage investments. The pattern underscored recent surveys of venture capitalists that suggest the industry is approaching a new sense of equilibrium and confidence. |
| (Source: Mercury News (free reg. req'd), 2010-02-20) |
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| A U.S. business group is calling on the Obama administration to deliver by this summer the country's first national strategy plan for protecting intellectual property. "A government-wide national intellectual property strategy should be a fundamental part of our nation's job strategy," said David Hirschmann, president and chief executive of The Global IP Center. |
| (Source: EE Times, 2010-02-18) |
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| Nathan Myhrvold's Intellectual Ventures, a secretive $5 billion investment firm that has scooped up 30,000 patents, inspires admiration and angst. White hat or black hat, the firm is growing rapidly and becoming a major force in the marketplace for intellectual capital. |
| (Source: The New York Times (free reg. req'd), 2010-02-17) |
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| A batch of new restrictions aimed at curbing the most egregious credit card practices kick in, but business owners will need to stay alert -- the new rules don't cover cards used for corporate purposes. The bill Congress passed in May reforms the Truth in Lending Act, which governs only consumer credit. |
| (Source: CNNMoney.com, 2010-02-22) |
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| The Internal Revenue Service and 37 states are cracking down on companies that try to trim payroll costs by illegally classifying workers as independent contractors, rather than as full employees. The practice costs governments billions in lost revenue and can leave workers high and dry when they are hurt at work or are left jobless. |
| (Source: Sarasota Herald-Tribune, 2010-02-12) |
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| Many private equity firms at this time last year were cutting back or shutting down recruitment efforts. But at the Wharton Private Equity Conference, the forecast for hiring was less gloomy -- particularly for students with a skill set relevant to emerging markets. |
| (Source: The Wall Street Journal, 2010-02-08) |
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| Could small businesses become the Achilles' heel of the U.S. recovery? Companies with fewer than 500 employees helped lead the economy out of the last four recessions as entrepreneurs, sensing opportunity, opened new businesses, but this time, almost six months after the U.S. economy began growing again, small businesses continue to cut capital spending and dismiss workers. |
| (Source: BusinessWeek, 2010-02-11) |
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| As falling tax revenues squeeze governments, from state capitols to school districts, the cash crunch is also putting smaller companies that do work for them in a financial vise. In many cases, these Main Street businesses are carrying out the same contract work as they did in prior years -- except now, they're waiting longer to be paid. In some cases, far longer. |
| (Source: The Wall Street Journal, 2010-02-09) |
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| Relying on retirement savings to fund a business venture is a significant gamble, since only about half of small businesses survive at least five years, says the U.S. Small Business Administration. But business advocates and many financial firms have pushed the idea the past two years as the lagging economy and ongoing credit crunch have dried up many funding options. |
| (Source: USA Today (free reg. req'd), 2010-02-15) |
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| Business owners credit their advisory boards with cutting costs; helping with product development; introducing them to valuable clients, investors, and suppliers; and eliminating the sense of isolation that can come with running your own business. Most crucial, an advisory board makes a chief executive answerable to a third party. |
| (Source: The New York Times (free reg. req'd), 2010-02-17) |
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| Even as the economy slid into the recession, Jim Leech was making private equity deals. As CEO of the teachers of the Canadian province of Ontario's $83 billion pension fund, Leech doesn't have to rely on borrowed money, and he doesn't have to court investors. |
| (Source: BusinessWeek, 2010-02-18) |
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| Venture capital investment in clean-tech businesses fell by 45 percent between the third and fourth quarters and by half in 2009, according to an Ernst & Young report. The report said U.S. venture investing in clean tech fell to $2.6 billion in 2009, down 50 percent from the prior year. |
| (Source: Kansas City Business Journal, 2010-02-09) |
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New Financing Opportunities for Private Businesses
Federal legislation, as recently interpreted by the Internal Revenue Service, contains provisions that liberalize the tax-exempt bond rules to assist with the economic development efforts following the severe flooding and tornadoes in the Midwest during May-August 2008. The legislation allows Indiana to authorize over $3 billion and Illinois over $1.5 billion of tax exempt bonds for private business. Because of this legislation, business owners may finance the cost of the acquisition, construction, reconstruction or renovation of nonresidential real property (including new improvements associated with such property) on a tax-exempt basis (i.e., lower interest cost), including costs incurred since the time of the disasters.
Traditionally, private entities could utilize tax-exempt financing only for small manufacturing facilities and solid waste facilities. With this new legislation, however, Indiana and Illinois may designate any business as a replacement of another business damaged by the disasters, thereby permitting tax-exempt bond financing for a wide range of uses that would not have been permitted under normal tax rules. Tax-exempt disaster financing can then be used for bigger factories, shopping centers, warehouses, restaurants, car dealers and office buildings and the bonds do not have to be used to replace or repair the property that was actually damaged by the disasters. Although certain restrictions do apply, this is a tremendous opportunity for private business to finance projects at a lower, tax-exempt interest rate.
If you have questions about your eligibility to benefit from this legislation, you may contact Philip Genetos or Denise Barkdull.
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Fifty-Nine Ice Miller Attorneys Named in Indiana Super Lawyers
Ice Miller is proud to announce that 47 of its attorneys have been named 2010 Indiana Super Lawyers and 12 of its attorneys were named Rising Stars. The names were announced in the Indiana Super Lawyers 2010 magazine.
The following attorneys were named for mergers and acquisitions, business/corporate, or securities and corporate finance:
Stephen Hackman
Mergers and Acquisitions
Steven Humke
Mergers and Acquisitions
John Thornburgh
Mergers and Acquisitions
Richard Thrapp
Business/Corporate
Read the complete list of Ice Miller Super Lawyers.
Ice Miller attorney Mary Nold Larimore was featured in the magazine because of her many adventures, including hiking one of the most famous routes in western Europe, the Haute Route in the Alps. Larimore was named a 2010 Super Lawyer in Class Action/Mass Torts. Read her story.
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February
February 26 - Indiana Life Sciences Collaboration Conference Series: Conference Three - Effective Collaboration: A Study in Four Acts
March
March 4 - Indiana Commission for Women's 2010 Salute to Indiana Women
March 5 - Indianapolis Business Journal's Health Care Heroes
March 9 - Indiana Biomedical Entrepreneur Network
March 18 - Financial Executives International Joint Meeting with the Association for Corporate Growth
March 24 - The Indiana Chamber of Commerce's Economic Club of Indiana: Governor Mitch Daniels
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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.
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