Private companies seeking to raise capital by selling equity to investors must structure the raise so that it is not considered a public offering under the Securities Act of 1933 unless they are prepared to undergo the cost and expense of an IPO. The most commonly...
Following the deaths of George Floyd, Breonna Taylor and Ahmaud Arbery, along with the resulting social unrest, there has been a renewed focus on issues of racial diversity, equality and inclusion. In the business world, investors have turned their attention to the...
By Samir Dahman & Alexis Preskar If there are two things Americans love, it’s capitalism and sports. However, the current college sports model eschews a competitive market in favor of a monopoly for universities and the NCAA. Recently, states and students have...
By Cary Zimmerman & Kate Hickner This article was originally published in the Winter 2020 issue of Communique. At some point in their careers, physicians find themselves contemplating a private investment opportunity. Sometimes physicians are approached by friends...
By Cary Zimmerman 2019 in Review: Uptick in Unicorns Great news! In an exciting follow-up to my previous article on this topic, final 2019 data is showing that it was a historic year for female-founded unicorns. Crunchbase reports that an all-time high of 21...
By Cary Zimmerman On December 18, 2019, the SEC, in a 3-2 vote, issued a release proposing amendments to the Rule 501(a) definition of “accredited investor,” which hasn’t been meaningfully updated since 1982[1]. The definition is an important piece of the securities...
With global esports revenues topping $1 billion in 2019, investors and players alike are seeing the benefit of joining the industry. Esports growth, in both viewership and revenue, drives the industry’s presence in mainstream entertainment, including tournament...
Late fees are common in business contracts. As a business owner, you want to make sure that the party you are contracting with performs in the manner you had bargained. If the party fails to deliver by a certain date, at a certain place or in a specific manner, you...
When the parties to the sale of a business are unable to agree on price, the buyer may attempt to bridge the valuation gap by offering to pay the seller an amount in addition to the purchase price – if the business is able to achieve certain earnings or other...
By Cary Zimmerman So far, 2019 has been a banner year for female-founded “unicorns,” a term coined by famous venture capitalist Aileen Lee to describe startups valued at $1 billion or more. In the context of the total number of startups, the unicorn club is small. But...