Venture Briefing: April 4, 2018 Venture Briefing: April 4, 2018

Venture Briefing: April 4, 2018

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High Court Allows Shareholders Avenue to Sue Over IPOs
The U.S. Supreme Court backed one avenue for lawsuits over initial public offerings, letting shareholders use a federal securities law to press claims in state court. The justices unanimously said that a 1998 federal law didn't strip state courts of the power to hear claims pressed under the 1933 Securities Act.
(Source: Bloomberg, 2018-03-20) Read the full article
IPOs Raised $15.6B in First Quarter, Best Showing in Three Years
According to Renaissance Capital, the U.S. market for initial public offerings had its best quarter by proceeds in years, as well as one of its best quarters by number of listings since 2015. About $15.6 billion was raised by IPOs in the quarter, the most in more than three years and significantly above the $10.9 billion raised over the fourth quarter -- when listings were at a two-year high -- as well as the $9.9 billion raised over the first quarter of 2017.
(Source: MarketWatch, 2018-03-30) Read the full article
Survey Finds Companies Planning to 'Accelerate' M&A in 2018
U.S. companies are poised to launch a spending spree linked to the recent tax overhaul, hoping to add to growth through mergers and acquisitions, according to a new survey by Ernst & Young. The professional services company surveyed some 500 executives last month of companies with over $500 million in annual revenues and found that 73 percent plan to "accelerate" deal making strategies, according to the report.
(Source: The Wall Street Journal, 2018-03-20) Read the full article
Middle-Market P.E. Buyout Funds Set Record Highs in 2017
U.S. private equity buyout funds with less than $500 million under management set record-highs in 2017 for total deal value, add-on deal value and deal exit value, according to a recent report. U.S. buyout funds with $500 million to $1 billion set records for total exit value and also fundraising.
(Source: Mergers & Acquisitions, 2018-04-02) Read the full article
V.C. Finding High Valuations, Competition Impacting Opportunities
High valuations and competition among venture capital managers are making it harder for them to find better investment opportunities, a new survey from Preqin finds. In its survey of 221 venture capital fund managers in November, 55 percent of managers said they found higher pricing for portfolio companies compared to a year earlier, a significant jump from the 32 percent of respondents in June 2017 who said pricing was higher than the year before.
(Source: Pensions & Investments, 2018-03-28) Read the full article
2017 Healthcare Fundraising Hit Record $9.1 Billion, SVB Says
Healthcare fundraising has significantly increased since 2014, reaching a high of $9.1 billion in 2017, according to Silicon Valley Bank's Trends in Healthcare Investments and Exits 2018. SVB predicts fundraising will drop to the $6 billion to $7 billion range in 2018.
(Source: Becker's Hospital Review, 2018-03-21) Read the full article
Chinese Theft of American IP Costs Up to $600 Billion a Year
President Donald Trump has slapped tariffs on $50 billion worth of Chinese goods, taking aim at China's theft of U.S. intellectual property. The United States Trade Representative, which led the seven-month investigation into China's intellectual property theft and made recommendations to the Trump administration, found that "Chinese theft of American IP currently costs between $225 billion and $600 billion annually."
(Source:, 2018-03-23) Read the full article
Dodd-Frank Requires Firms to Compare CEO, Employee Pay Ratios
In a long-awaited requirement of the Dodd-Frank Act, public companies must report pay ratios showing how much their CEOs earn compared with the typical employee. The first such reports are rolling in and provide new insight on pay gaps.
(Source: USA Today, 2018-03-29) Read the full article
Survey Finds 50% of Companies Say Finding Employees Top Challenge
According to the annual Business Pulse Survey by SunTrust Banks, nearly 50 percent of companies say attracting and retaining employees is their top challenge in 2018. Leaders of middle market businesses, with annual revenue of $10-$150 million, rank it as their number one concern.
(Source: ABL Advisor, 2018-03-20) Read the full article
Women-Led Startups Gaining Momentum, But V.C. Funding Falls Short
Women-led businesses are the fastest growing segment of entrepreneurship in the United States, according to a study conducted by the U.S. Small Business Association which also revealed venture capital firms that invested in women-led businesses had more positive performances than firms that did not. Yet, female entrepreneurs continue to struggle to receive funding, illustrated by this statistic: Of the $58 billion that was invested by venture capitalists in 2016, only $1.46 billion reached women-led companies, according to a report by the U.S. Senate Committee on Small Business and Entrepreneurship.
(Source: Northern Nevada Business Weekly, 2018-03-30) Read the full article
Report Finds Small Business Websites Attacked 44 Times Every Day
A new report from security firm Sitelock has revealed that the typical small business website is attacked 44 times a day and software "bots" are visiting these sites globally an average of 152 million times a week.
(Source: The Washington Post (free reg. req'd), 2018-03-21) Read the full article
Data Breach Reporting Down Under – Australia’s New Data Breach Notification Law Takes Effect

On Feb. 22, 2018, the Australian Privacy Amendment Act took full effect, requiring Australian entities to disclose certain data breaches (“Notifiable Data Breaches” or “NDB”) to the Office of the Australian Information Commissioner (“OAIC”) and affected individuals. Read full article online.


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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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