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Report Highlights Recovery Possibilities for Private Equity Firms
Private equity firms are struggling to raise money amid the economic downturn, and likely will continue to have a hard time of it until the cash constraints on their investors begin to ease. But a new report from McKinsey & Co. offers some hope for the private equity industry as a whole -- if not for the buyout sector in particular -- by setting out various scenarios for when firms might expect to see a recovery.
(Source: The Wall Street Journal, 2009-07-09) Read the full article
Some Small Businesses Get Reprieve from Tax Shelter Penalties
The IRS will temporarily stop collecting penalties from some small businesses that have been hit with big fines for not disclosing the use of questionable tax shelters. The fines, which can reach $300,000 a year, were an unintended consequence of a 2004 law aimed at big corporations that use the shelters to avoid taxes.
(Source: USA Today (free reg. req'd), 2009-07-07) Read the full article
Senator Unveils Bill to Decrease Small Business Tax Burden
Sen. Charles Grassley, R-Iowa, has introduced a bill to lower the tax burden on small businesses. Grassley, ranking member of the Senate Finance Committee, introduced the Small Business Tax Relief Act of 2009.
(Source: Financial-Planning.com, 2009-07-09) Read the full article
Obama Initiative Would Give Bank Rescue Money to Small Businesses
The Obama administration is developing an initiative to take money from the $700 billion rescue program for the banking system and make it available to millions of small businesses, which officials say are essential to any economic recovery because they employ so many people, according to sources familiar with the plan. A proposal being floated by senior Treasury Department officials calls for using the bailout funds to expand a government program that helps small companies borrow from banks at low rates to keep their businesses going, the sources said.
(Source: The Washington Post (free reg. req'd), 2009-07-11) Read the full article
SBA Makes Changes to Venture Capital, P.E. Investment Program
New changes to a U.S. Small Business Administration investment program should make more venture capital and private equity available to small businesses, SBA officials say. The American Recovery and Reinvestment Act, which Congress passed in February, called for the changes to the SBA's Small Business Investment Company program.
(Source: Charleston Regional Business Journal, 2009-07-13) Read the full article
Five Companies Offered IPOs Worth $720M in Second Quarter
Venture capital activity bounced in the second quarter, but remained well below historical averages, the National Venture Capital Association said. Five companies went through venture-backed initial public offerings in the second quarter worth a total of $720 million, ending the record-poor performance of the previous two quarters, in which no IPOs were done, the industry body said.
(Source: Reuters, 2009-07-02) Read the full article
Some Venture Capitalists Returning to Smaller Investments
For a group accustomed to looking outward for the next big thing, Silicon Valley's venture capitalists are getting very introspective these days. Much of the soul searching along Sand Hill Road in Menlo Park, where many of the venture capitalists have offices, is leading to the same conclusion: venture capital needs to go back to basics.
(Source: The New York Times (free reg. req'd), 2009-07-06) Read the full article
Private Equity Firms Ready to Pounce During Recession
The economic waters may be rough right now, but the managers of an Atlanta private equity fund say it's time to dive in. The deep recession has made investing in any business more risky, experts say, but it's also thinned the ranks of private equity firms willing and able to invest and driven down the valuation of companies, said Mark Buffington, a managing partner at Buckhead Investment Partners.
(Source: Atlanta Journal-Constitution (free reg. req'd), 2009-07-08) Read the full article
Small Business Lending Down 30 Percent in Second Quarter
Despite emergency stimulus measures, small business lending continues to fall. In the just-ended quarter, the Small Business Administration's flagship program backed 30 percent fewer loans than it did a year ago, and 55 percent fewer loans than it did in 2007, before the recession set in.
(Source: CNNMoney.com, 2009-07-02) Read the full article
Venture Capitalists Offer Advice on Making the Perfect Pitch
As a growing number of entrepreneurs compete for a shrinking pool of capital, it's more important than ever to make a good first impression with an airtight pitch. The most common mistake entrepreneurs make when pitching to venture capitalists is failing to present themselves well, says Steve Brotman, a venture capitalist.
(Source: The Wall Street Journal, 2009-07-13) Read the full article
Board of Patent Appeals and Interferences Sees Spike in Filings
The economic doldrums may be slowing patent filing work for intellectual property specialists, but the U.S. Patent and Trademark Office's increasingly stingy patent allowance rate is boosting back-end work for lawyers at the agency's appeals board. Attorneys link the recent spike in ex parte appeals at the Board of Patent Appeals and Interferences to the sharp slide in patent allowance rates.
(Source: law.com, 2009-07-06) Read the full article
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Inside the Lines

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

Inside INdiana Business, Butler University College of Business and Ice Miller LLP announced the results of the third annual statewide survey of Indiana's chief executive officers and senior executives.  The survey, "The State of Our Business – A Perspective from Indiana Executives," provides insight and understanding with respect to significant issues facing CEOs, the state's role in attracting and retaining business, specific state initiatives and employment related issues.

The report captures the opinions of over 350 Indiana chief executives from all areas of the state and from a wide range of manufacturing, service and not-for-profit organizations.

The partners addressed several themes to examine in greater detail including: CEO challenges and issues, the state's economic climate, the state's role in economic development, human resources, education, and information technology.

Read the results of the 2009 survey.

By the Numbers

A few of the highlights from the Indiana CEO Survey, "The State of Our Business – A Perspective from Indiana Executives," are:

  • "Customer loyalty and retention" and "corporate reputation" still top the list as the most significant issues for CEOs, though "customer loyalty and retention" has increased significantly since 2008.
  • Indiana's executives are not overly enthusiastic about the availability of public or private funding sources. In fact, perceived availability of public funding sources both inside and outside the state have dropped significantly since 2008.
  • For the first time in the CEO survey, perceived availability exceeds perceived demand for all types of workers.

Greenwashing Litigation: A Growing Concern

Incentives are on the rise for businesses to provide "green" products and services.  Many consumers are willing to pay a premium for products that are environmentally friendly, and businesses have taken notice.  Buzzwords such as "organic," "recyclable" and "hybrid" are used to distinguish a product from its competitors.  Even the government has increased its focus on encouraging companies to provide environmentally friendly products and services by offering a wide array of tax incentives available to companies and consumers.  It is not surprising that many companies have responded to these incentives by embarking on green marketing campaigns.

However, companies engaged in green marketing are not only increasing their profits, but also their risk.  Lawsuits and class actions accusing companies of "greenwashing" - marketing the environmental friendliness of a company's product in a false or misleading way - have sprung up across the nation.

Read the entire article on greenwashing litigation.

Private Equity and Venture Services Blog

Ice Miller has a blog dedicated to issues of importance to the general business community.  Read the blog.

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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.