Venture Briefing: Wetlands Jurisdictional Determinations Are Reviewable in Court Venture Briefing: Wetlands Jurisdictional Determinations Are Reviewable in Court

Venture Briefing: Wetlands Jurisdictional Determinations Are Reviewable in Court

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High Court Says Additional Damages Can Be Awarded in Patent Suits
A Supreme Court ruling will make it easier for patent holders to win increased financial damages from those who use their inventions without approval. The unanimous ruling, in two consolidated cases, sided with two companies that argued that competitors willfully copied their products and in a 32-page opinion written by Chief Justice John Roberts, the court overturned a lower court ruling that set a high threshold for winning punitive damages in patent infringement cases.
(Source: United Press International, 2016-06-13) Read the full article
Lawmaker Introduces 'Bring Small Businesses Back' Tax Reform Act
Rep. Randy Hultgren (R-Ill.) announced new legislation to ease the burden on American small businesses, which account for half of all U.S. jobs and two-thirds of its new jobs. The Bring Small Businesses Back Tax Reform Act (H.R. 5374) would lower the tax rate on pass-through businesses’ first $150,000 worth of income to 10 percent.
(Source: The Hill, 2016-06-08) Read the full article
Companies Finding Spinoffs Not a Big Draw for Investors
Some companies are looking again to spinoffs as a way to unlock value for investors -- but it's been a tough sell. The number of companies making this move has dropped, with 13 companies in the Standard & Poor's 1500 index announcing spinoffs so far this year, well off the pace of 58 that took place in all of 2015, according to a USA TODAY analysis of data from S&P Global Market Intelligence.
(Source: USA Today, 2016-05-30) Read the full article
Biotech Firms Catch Investors’ Fancy, While Tech Wanes
Tech startups normally get the glory, but biotech firms these days are getting the money. At a time when software unicorns -- startups worth $1 billion or more -- are scrambling to find cash amid a slowing economy and weak demand for IPOs, pharma companies are shelling out billions of dollars for targets who are demanding big valuations.
(Source: TechWire, 2016-06-10) Read the full article
Micro Venture Capital Fundraising Continues Growth Spurt
Funds targeting $100 million or less see six consecutive years of increased fundraising, and account for 69 percent of all venture capital vehicles on the road. Since the Global Financial Crisis when an all-time high $9.3 billion was raised in 2008, micro venture capital fundraising has seen six consecutive years of growth, increasing from $6.5 billion in 2009 to reach $8.5 billion in 2015.
(Source: Value Walk, 2016-06-10) Read the full article
Report Predicts P.E. Growth Won't Continue at Current Pace
Private equity growth will be unlikely to continue at its current pace, but assets under management should still grow to $4.6 trillion by 2020, according to a new forecast released by Deloitte Center for Financial Services. The report finds that private equity has outpaced other asset classes over the past decade, with assets rising at a 13.7 percent compound annual growth rate.
(Source:, 2016-06-04) Read the full article
More Startups Deciding to Skip IPOs, Opting for Other Options
Initial public offerings have long been an essential piece of the Silicon Valley success story, but these days, a growing number of startups are finding IPOs about as helpful as dial-up Internet. Just 17 percent of companies surveyed in a 2016 Silicon Valley Bank study said their goal was an IPO, compared with 19 percent that wanted to stay private and 56 percent that wanted to be acquired.
(Source: Mercury News, 2016-05-20) Read the full article
Some Start-Ups Growing Without Taking Funds from V.C.s
The business world is filled with starry-eyed entrepreneurs who hope that the blessings of angel investors and venture capitalists will transform their start-up dreams into companies with billion-dollar valuations. But some successful start-ups have been bucking the trend by growing and expanding without taking a dime from major outside equity investors.
(Source: The New York Times, 2016-06-01) Read the full article
Officials Concerned Over Online Financing for Small Businesses
Technological advances and big data are changing how consumers and small businesses get financing. Online lenders can provide small-business borrowers with faster access to credit than they can get through the traditional face-to-face application process, and, with studies showing only about half of entrepreneurs getting the financing they apply for, alternative lenders see an opening. But their higher profile and growing popularity are drawing scrutiny.
(Source: Chicago Tribune, 2016-06-02) Read the full article
Microsoft Latest Company to Unveil Venture Capital Investment Arm
Microsoft is the latest company to grab a piece of the Silicon Valley startup world by launching its own venture capital investment arm. The tech giant unveiled its official VC arm in a blog post over Memorial Day weekend, rolling out a plan to make early-stage investments in companies developing technology that could augment Microsoft's core products.
(Source: NewsFactor, 2016-06-02) Read the full article
Wetlands Jurisdictional Determinations Are Reviewable in Court
Thomas W. Dimond Kristina M. Tridico

On Tuesday, May 31, 2016, the United States Supreme Court issued a unanimous and important decision holding that approved jurisdictional determination (“JDs”) by the United States Army Corps of Engineers (“Army Corps”) for wetland delineations under the Clean Water Act (“CWA”) are final agency actions subject to judicial review. Read full story online.


By The Numbers

Food and agricultural technology startups received $4.6 billion in investment in 2015, almost double the $2.36 billion that poured into the sector in 2014, according to a report from agriculture investment platform AgFunder.
Source: Wall Street Journal - Are Shipping Containers the Future of Farming?


Services Group

Ice Miller has been one of the most active law firms in the private equity industry over the last decade, representing both entrepreneurs 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 financing; leveraged buyouts, roll-ups, build-ups, and consolidations; divestitures and exits; and complex litigation on behalf of investors and privately financed companies.  In addition, over the past 10 years, Ice Miller has represented hundreds of emerging growth businesses in various industries on such matters as entity formation, capitalization, capital raising, alternative financing, intellectual property rights and protection, growth and exit strategies, corporate governance, tax matters, and many other legal issues that are critical to the growth and success of an emerging company.

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Anthony Aaron
Audrey Balint
James Banister
Richard Barnhart
Samuel Beavers
Christopher Bordoni
Edward Braum
Elizabeth Brier
Adam Calisoff
Kristine Camron
Timothy Capen
Joshua Christie
Ryanne Bush Dent
Dustin DuBois
Stephen Edwards
Michael P. Farrell
Harry Gonso
Eric Goodman
Jon Groff
Stephen Hackman
David Hight
Steven Humke
Michael Jordan
Josef Keglewitsch
Tom Kesoglou
Dean Leffelman
Christopher McCleary
Chris Michael
Laurie Miller
Michael Millikan
Robert Ouellette
Thomas Pampush
Matthew Servies
Brittney Sharp
Brent Showalter
Scott Snively
Dale Stackhouse
Emily Storm-Smith
Chase Stuart
John Thornburgh
Richard Thrapp
Kristina Tridico
Nancy Valentine
Michelle Zaretsky


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.

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