Most startup founders will tell you that securing funding in 2023 was challenging, to say the least. Due to many contributing factors, venture capital investors pulled back on investments and became much more strategic...more
1/29/2024
/ Acquisitions ,
Artificial Intelligence ,
Debt Instruments ,
Initial Public Offering (IPO) ,
Interest Rates ,
Investors ,
Machine Learning ,
Mergers ,
Startups ,
Supply Chain ,
Venture Capital
When it comes to employee compensation, companies constantly explore innovative ways to align their workforce’s interests with the organization’s success. One strategy gaining traction is the extension of loans to employees...more
The California Legislature is back to work for 2024, and one of the items at the top of their agenda will be artificial intelligence (AI) regulation at the state level. AI regulation has become even more of a focus on a...more
1/11/2024
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biden Administration ,
California ,
California Privacy Protection Agency (CPPA) ,
Executive Orders ,
Machine Learning ,
Regulatory Agenda ,
Technology Sector ,
Transparency
In an era dominated by technological advancements, the tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class...more
1/11/2024
/ Antitrust Provisions ,
China ,
Class Action ,
Data Protection ,
Intellectual Property Protection ,
International Trade Disputes ,
Investigations ,
Legal Technology ,
Military Conflict ,
Patents ,
Risk Mitigation ,
Supply Chain ,
Technology Sector
OpenAI, the high-flying developer of the groundbreaking ChatGPT AI chatbot and its associated foundational large language models, recently made headlines that set the corporate governance world abuzz. On a quiet Friday in...more
It’s no secret that startup founders have faced a difficult past two years. Beginning in 2022, we saw valuations slide, and funding became much harder to secure. That has, of course, continued into 2023. So, what will 2024...more
We all know funding for startups has been in short supply over the past year, but a recent PitchBook article points to a large drop in active venture capital investors in the US. They define active investors as those who have...more
Today, a tale of two markets are seen in healthcare mergers and acquisition (M&A): the present (as reflected in the data about declining dealmaking) and the future (reflected in the increasingly positive outlook by...more
12/11/2023
/ Acquisitions ,
Artificial Intelligence ,
Digital Health ,
Divestiture ,
Health Care Providers ,
Health Technology ,
Healthcare ,
Medicaid ,
Medical Devices ,
Medicare ,
Medicare Advantage ,
Mental Health ,
Mergers ,
Startups ,
Telehealth ,
Valuation ,
Value-Based Care
Last week, the House Committee on Science, Space, and Technology passed a bipartisan bill to reauthorize the National Quantum Initiative Act, which expired in September of this year.
Signed into law in 2018, the goal of...more
While consensus on the precise approach to artificial intelligence (AI) regulation in the U.S. remains elusive, canaries in the coal mine are calling for more comprehensive federal regulation and legislation, mainly to...more
Pitchbook recently released deal-level data looking at how investor-friendly or startup-friendly the current capital raising environment is. Their VC Dealmaking Indicator looks at various factors to create indicator values –...more
Exit options have been limited for startups in recent months. Through the end of the third quarter of 2023, we saw a lull in M&A activity across the board, including the tech sector. As we kick off the December sprint to the...more
There have been exciting advancements in the digital health space over the past few years that are truly changing lives, but the sector seems to be experiencing a reset as investment drops off. Below, we look at some current...more
During this time of “permacrisis,” directors, no matter how experienced, must be ready and able to safeguard their organizations.
As part of Foley & Lardner’s sponsorship of the NACD Northern California chapter, and...more
11/16/2023
/ Auditors ,
California ,
Cyber Attacks ,
Disclosure Requirements ,
Human Resources Professionals ,
Incident Response Plans ,
Information Technology ,
Insurance Industry ,
National Association of Corporate Directors (NACD) ,
Ransomware ,
Succession Planning
We recently co-hosted an NACD “Private Company Compliance” webinar on the issues that directors of private companies should care about. In this episode, we focused on the increasing importance of supervising the...more
11/14/2023
/ Breach of Duty ,
Business Litigation ,
Compliance ,
Fiduciary Duty ,
Fraud ,
Investigations ,
Investors ,
Misrepresentation ,
Nasdaq ,
Privately Held Corporations ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Venture Capital
As the world grapples with fast-changing weather patterns, wildfires, record-breaking heat, and many other climate-related issues, it is becoming increasingly important to develop the technologies that will help to combat...more
11/6/2023
/ Bureau of Labor Statistics ,
Carbon Capture and Sequestration ,
Climate Change ,
Compliance ,
Energy Storage ,
Environmental Social & Governance (ESG) ,
Financial Services Industry ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Investment ,
Popular ,
Renewable Energy ,
Securities and Exchange Commission (SEC) ,
Technology Sector
As we approach 2024, the M&A landscape is set to experience more shifts and trends that will redefine how companies approach these transactions, and CEOs are keeping a keen eye.
n this volatile post-pandemic era...more
11/1/2023
/ Acquisitions ,
Clean Energy ,
Corporate Governance ,
Cross-Border ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
Investment ,
Investors ,
Mergers ,
Private Equity ,
Regulatory Reform
Originally published in Genetic Engineering News on October 10, 2023. Reprinted with permission. The biotechnology sector has long been characterized by its constant innovation, rapid technological progress, and unyielding...more
10/24/2023
/ Acquisitions ,
Biotechnology ,
Collaboration ,
CRISPR ,
Food and Drug Administration (FDA) ,
Innovation ,
Licensing Rules ,
Mergers ,
Pharmaceutical Industry ,
Scientific Research ,
Tax Credits ,
Venture Capital
In our ever-changing technological environment, artificial intelligence (AI) is beginning to exert its influence on numerous sectors, revolutionizing our approach to work. As businesses and organizations worldwide adopt...more
10/12/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Biotechnology ,
Compliance ,
Confidential Information ,
Discrimination ,
Due Diligence ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Insurance Industry ,
Intellectual Property Protection ,
Investors ,
Machine Learning ,
Misrepresentation ,
New Guidance ,
Patents ,
Personal Data ,
Purchase Agreement ,
Risk Management ,
Risk Mitigation ,
Startups ,
Strict Product Liability ,
Transparency ,
Venture Capital
California Governor Gavin Newsom (D) has signed a bill that mandates venture capitalists to report the diversity of the founding members of businesses they invest in, making the first state to require venture capital firms to...more
10/11/2023
/ Data Collection ,
Diversity and Inclusion Standards (D&I) ,
First Amendment ,
Invasion of Privacy ,
Investment ,
Minority-Owned Businesses ,
New Legislation ,
Reporting Requirements ,
Startups ,
Transparency ,
Venture Capital ,
Women-Owned Businesses
To say it has been a tough time to be a startup founder over the past two years is an understatement. We all know that venture capital funding has been down, valuations are down, interest rates are up, and the predicted...more
The landscape of mergers and acquisitions is undergoing a seismic shift powered by the adoption of distributed ledger and other blockchain derivative technology across industries.
Recent challenges in the cryptocurrency...more
9/15/2023
/ Acquisitions ,
Automation Systems ,
Blockchain ,
Coinbase ,
Cross-Border Transactions ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Investors ,
Mergers ,
Tokenization
Foley recently cohosted a webinar with 4thly featuring a panel of legal and policy experts addressing President Biden’s New Outbound Investment Screening Program....more
9/12/2023
/ Biden Administration ,
CFIUS ,
China ,
Executive Orders ,
Foreign Direct Investment ,
Foreign Investment ,
Investment ,
National Security ,
Risk Mitigation ,
Technology Sector ,
US Trade Policies
In any merger or acquisition, the due diligence stage is one of the most critical steps. It allows the acquiring company to identify dealbreakers, assess risks, make informed decisions, negotiate effectively, ensure...more
8/30/2023
/ Acquisitions ,
CFIUS ,
Compliance ,
Copyright ,
Due Diligence ,
Employees ,
Financial Statements ,
Hardware ,
Hart-Scott-Rodino Act ,
Infrastructure ,
Integration ,
Internal Controls ,
Licenses ,
Mergers ,
Negotiations ,
Patents ,
Pending Litigation ,
Permits ,
Profits ,
Revenue ,
Risk Assessment ,
Software ,
Supply Chain ,
Trademarks
Venture capital (VC) funding is the lifeblood that propels many early-stage startups from mere concepts to industry disruptors. Securing VC investment is no easy feat, especially in today’s economic climate. To stand out in...more