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MintzTech Connect: All Things Technology — February 2023

In the spring of 2022, we announced there was a paradigm change in the venture capital marketplace. That is, the pendulum of company-friendly terms versus investor-friendly terms was moving rapidly towards investor-friendly terms and there would be downward pressure on valuations. As the public markets in tech had a major price correction last year, so it would follow that the private markets too would correct. Although partially true, the marketplace is more nuanced than it is typically described in the media. In fact, it has been a “tale of two cities.” While valuations have decreased for social media, consumer product goods, and many advertising revenue-based companies, the decrease in valuations has not been across the board. For entrepreneurs in AI, cyber security, and climate change technologies (thanks to the Inflation Reduction Act), it remains the “best of times” and valuation trends remain steady. 

As in most things, context matters. For investors, it is an interesting time to invest in good companies with sustainable business models in the currently depressed sectors. In the hot sectors, it is a wonderful time to create new businesses and get well capitalized. At Mintz, we are especially attuned to the context of each transaction and can help guide you in this intriguing investment environment.

Apropos of the nuanced investment landscape, we lead off this newsletter with an excellent article on extension rounds for emerging companies. We follow with a piece regarding New York’s new program to provide matching investment funds for certain qualified early stage start-ups. And lastly, our company highlight is on Moolah Kicks, an exciting new company that is the first and only women’s basketball footwear brand with sneakers made to biomechanically fit female athletes (a perfect article to read in anticipation of March Madness).

Be sure to visit our website for emerging companies @ mintzedge.com, and please sign up here to receive email alerts when new articles are posted to MintzEdge. We thank you for your continuing support.

Be safe and be well,  
Dan + Sam


CONTENTS

// Extending for Success: The Rising Trend of Extension Rounds and the Importance of Due Diligence by Jeremy Glaser, Roman Gorokhov, and Will Perkins

// New York State Offers Matching Investment Funds for Qualified Early Stage Start-Ups by Kimberly F. Green and Sam Effron

// Industry News: Spotlight on Moolah Kicks

// MintzTech Connect Team


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Authors

Daniel I. DeWolf

Daniel I. DeWolf

Member / Chair, Technology Practice; Co-chair, Venture Capital & Emerging Companies Practice

Daniel I. DeWolf is a leading authority on growth companies and venture capital law — and has worked on pioneering online capital-raising methods. He is immersed in the national and international ecosystem of emerging companies and investors focused on start-ups. He has also been a member of NYU Law School’s faculty since 2003, where he teaches venture capital law.
Samuel Asher Effron

Samuel Asher Effron

Member / Co-chair, Venture Capital & Emerging Companies Practice

Samuel Asher Effron assists Mintz clients with venture capital and private equity transactions, helping start-ups with legal and business matters. He has clients in a variety of technology sectors, including video gaming, music, virtual and augmented reality, and consumer electronics.