Venture Capital & Emerging Companies

Most high-growth companies find themselves in a race against the clock, trying to use whatever capital they may have to achieve milestones prior to hitting their cash-out date. When markets are tight, as they have been over the past several months, founders and boards confront the reality of a liquidity crisis on a nearly daily basis in their scenario planning. It can come in the form of a potential buyer or investor deciding to walk away from a deal, a current investor experiencing its own liquidity crunch, or unfavorable data coming at an unfavorable time. Whatever the cause, when a company approaches insolvency, it is often an existential event, forcing the board of directors to think carefully about how to help the company make decisions in view of the board’s changing fiduciary duties, as well as how those duties may be impacted by a company’s declining cash position. 

This edition of Mintz Venture Watch reports on the firm’s VC transaction activity in the first half of 2024. During this period, Mintz represented issuers and investors in the technology, life sciences, energy, and other sectors in 73 transactions valued at more than $980 million.

This issue of MintzTech Connect covers a federal court ruling blocking the nationwide enforcement of the FTC’s noncompete rule, a checklist for foreign companies expanding into the US, and a spotlight on GUDEA, a tech company using AI-driven tools to help companies predict, map, and influence information flows across social networks.

Read about GUDEA, a technology company with AI-driven tools that enable organizations to predict, map, and influence information flows across social networks before they impact public perception.

This article provides a checklist of action items for foreign companies making an initial expansion into the US, covering essential topics like choosing a business structure, navigating laws and regulations concerning immigration, employment, and taxes, and securing funding.

This article provides information for international angel investors and venture funds looking to invest in start-ups in the United States, including on investment frameworks like how terms are handled, regulatory considerations, and US tax implications.

This article provides a detailed overview of how company founders can create an effective board deck to prepare for a meeting with investor directors.

This issue of MintzTech Connect covers the FTC’s controversial final rule banning most post-employment non-competes, qualified small business stock issues affecting the conversion of an LLC into a corporation, clinical trial innovator Radicle Science, and an event co-sponsored by Mintz and the Sustainable Media Center, which focused on the impact of social media on today’s youth.

Read about Radicle Science, a B-corp transforming the supplement industry’s approach to clinical trials and efficacy validation through virtual trials that greatly expand the scale and diversity of trial participants.

This alert provides an overview of critical steps companies can take to ensure that an M&A exit event runs smoothly, including ensuring internal agreement on the sale, establishing an M&A team, attending to legal housekeeping matters, and carefully reviewing term sheets received from potential bidders.

The New York LLC Transparency Act, which takes effect on January 1, 2026, will require limited liability companies formed or authorized to do business in New York to make certain disclosures aimed at preventing the use of anonymous LLCs for illicit activities.

Join Mintz Corporate and Securities Associate, Jason Miller, in a conversation with Margaret Yu, founder and CEO of Reliacare, and Andrew Gladue, founder and CEO of Plethys.

This issue of MintzTech Connect covers Corporate Transparency Act compliance requirements, considerations for companies undertaking Section 409A valuations, and Mintz’s year in review of laws impacting employee non-competition, non-solicitation, and non-disclosure agreements.

As a start-up begins to approach its fiscal year-end, company founders need to be mindful of key annual action items for boards, such as the budget, executive compensation, and other administrative actions.

The New York LLC Transparency Act, which takes effect on December 21, 2024, will require limited liability companies formed or authorized to do business in New York to make certain disclosures aimed at preventing the use of anonymous LLCs for illicit activities.

In this episode of Client Corner, Josh speaks to Suono Bio’s CEO Scott Kellogg and COO Skip Farinha. Scott and Skip discuss the importance of active listening in managing a team, strategies for navigating the medical device approval process in the US, key factors to consider when selecting investors, and insights on managing unforeseen challenges.

In this episode of Client Corner, Josh speaks to Paul Le Floch, Co-founder & CEO of Axoft. Paul discusses his journey from growing up in France to becoming a founder and the CEO of a neurotechnology startup. He provides insight into forming Axoft and navigating the fundraising process and offers advice to individuals starting new ventures.

This edition of Mintz Venture Watch reports on the firm’s VC transaction activity in 2023. Mintz represented issuers and investors in the technology, energy, life sciences, and other sectors in more than 130 transactions valued at over $2.6 billion.