Is It the Best of Times? Is It the Worst of Times?

McCarter & English, LLP
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With the first quarter of 2015 behind us, the level of venture capital and angel investor financing deals for the greater New York/New Jersey region’s tech and tech-enabled companies continues to remain strong, with highly favorable comparisons to both the national statistics and the recent trend lines. The sustained and increasing level of activity is clear evidence of both the remarkable growth and importance of entrepreneurial activity and innovation in this part of the country.

Compared with the prior month, April 2015 showed impressive funding-level growth, up an astounding 42% overall. Even though seed-stage financings increased by 100%, much of the growth took place at the Series A and Series B funding levels – a welcome development in light of the ever-present concerns about follow-on investments and the availability of additional capital. Series A funding increased by nearly 70%. Perhaps even more impressive, Series B funding increased by over 50%.

These levels are indeed cause for celebration, but many of us recognize that while these may be the best of times for entrepreneurs – with abundant financing and strong valuations for seed-, growth- and expansion-stage companies – dark clouds, or at least the threat of dark clouds, loom large. After all, many are asking if there is a technology bubble; others are assuming that there clearly is a bubble and simply asking how big this bubble is and how close it is to bursting. None of us knows the future but – bubbles, booms, bursts or bangs notwithstanding – for now, at the very least, times are, and remain, quite good. Entrepreneurs should, therefore, reap the benefits of these best of times by seeking and obtaining adequate financing to achieve their goals (prototype, MVP, launch, positive cash flow, profitability and ultimately a self-sustaining business capable of being monetized) while planning for a future in which they can flourish in (or at least withstand) the “worst of times” and in which there is a less positive, less entrepreneur-friendly environment with fewer capital resources available.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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