Los Angeles partner Benyamin Ross, New York associate Mark Mixon Jr. and Los Angeles associate Reginald Glosson are the authors of “Court of Chancery Considers Bundled Assets and Rights of First Refusal,” [PDF] published by Delaware Business Court Insider on July 29, 2020.
Dallas associate Bennett Rawicki is the author of “Numerosity Analysis Fix Can Improve Class Cert. Decisions,” [PDF] published by Law360 on July 28, 2020.
Los Angeles partner Michael Dore is the author of “Privacy Rights after Carpenter,” [PDF] published by Los Angeles Lawyer in its July/August 2020 issue.
Los Angeles partner Theodore J. Boutrous Jr. is the author of “Trump’s lawsuit against Bolton will fail,” [PDF] published by The Washington Post on June 18, 2020.
Washington, D.C. partner Joshua Lipshutz and San Francisco associates Warren Loegering and Zach Tan are the authors of “Supreme Court quietly eliminates critical constitutional protections,” [PDF] published by the Daily Journal on July 20, 2020.
Denver partner Jessica Brown and Palo Alto associate Collin James Vierra are the authors of “Are Your Slack Communications Primed For E-Discovery?” [PDF] published by Law360 on July 7, 2020.
In the first three months of 2020, the US economy suffered its sharpest decline since the 2007-8 financial crisis. Venture-backed companies are not immune. According to a white paper recently published by the National Venture Capital Association, investment in the US startup ecosystem is expected to drop significantly. In this turbulent period, companies may exhaust (or face difficulties obtaining) funding available under government stimulus programmes. Venture-backed companies in need of capital may have trouble finding new investors or convincing existing stockholders to inject additional capital. They may then be forced to decide between strategic alternatives such as a merger, a partial or complete liquidation, or a down round or cramdown financing.
Originally published by International Financial Law Review on June 25, 2020.
Gibson Dunn’s lawyers are available to assist in addressing any questions you may have regarding these developments. Please contact any member of the firm’s Emerging Companies practice group, the Gibson Dunn lawyer with whom you usually work, or the following authors:
Bradford P. Weirick – Los Angeles (+1 213-229-7765, [email protected])
Mark Goldman – Los Angeles (+1 213-229-7456, [email protected])
© 2020 Gibson, Dunn & Crutcher LLP
Attorney Advertising: The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice.
New York partner Avi Weitzman, Washington, D.C. partner Mark Perry and New York partner Akiva Shapiro are the authors of “Recent Constitutional Litigation Challenging Governmental Responses to the COVID-19 Pandemic,” [PDF] published by Westlaw on July 1, 2020.
Munich partner Lutz Englisch, of counsel Birgit Friedl, and associates Marcus Geiss, Sonja Ruttmann and Dennis Seifarth are the authors of “Corporate M&A in Times of the Corona Crisis: Specific Consequences of the Pandemic for the German Transaction Business” [PDF] published in the June 2020 issue (volume 24/issue 6) of The M&A Lawyer.
New York partners Joseph Evall and Richard Mark and associate Amanda First are the authors of “Don’t Count On PREP Act To Defend Pandemic IP Infringement,” [PDF] published on July 2, 2020.
Washington, D.C. partner Howard Hogan and New York associates Connor Sullivan and Sheri Pan are the authors of “Should the Law Treat Profit Awards Differently in Trademark Infringement and Dilution Cases?” [PDF] published by The National Law Journal on June 26, 2020.
London partner Susy Bullock is the co-author of “Directors’ duties in the age of COVID-19: where to from here?” [PDF] published in the July/August 2020 issue of the Buttersworths Journal of International Banking and Financial Law.
New York partner Barry Goldsmith, Denver partner Frederick Yarger, and New York associate Jonathan Seibald are the authors of “Supreme Court Reins In, But Does Not Overturn, SEC’s Disgorgement Authority,” [PDF] published by the New York Law Journal on June 25, 2020.
Washington, D.C. partners Miguel Estrada and Mark Perry and associate Kellam Conover are the authors of “High Court Should Review Goldman’s Maintenance Theory,” [PDF] published by Law360 on June 24, 2020.
Palo Alto partner Mark Lyon is the author of “Designing for Why: The Case for Increasing Transparency in AI Systems,” [PDF] published by PLI Current: The Journal of PLI Press on June 10, 2020.
San Francisco partner Matthew Kahn is the author of “Think Your Client is Up to No Good? You May Have a Duty to Inquire,” [PDF] published by the Bar Association of San Francisco Bulletin on June 24, 2020.
Los Angeles partner Bradley Hamburger, Los Angeles associate Lauren Blas and Washington, D.C. associate Kelley Pettus are the authors of “9th Circ. Unequal Class Cert. Appeal Treatment Is Problematic,” [PDF] published by Law360 on June 19, 2020.
Washington, D.C. partners Elizabeth Ising and Jason Meltzer, of counsels Gillian McPhee and Lissa Percopo and Orange County associate Lauren Assaf-Holmes are the co-authors of “ESG Legal Update: What Corporate Governance and ESG Professionals Need to Know,” [PDF] published in collaboration with the Society for Corporate Governance in June 2020.
Orange County partner Blaine Evanson and Los Angeles associates Daniel Adler and William Cole are the authors of “COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border,” [PDF] published by Reason on June 19, 2020.
Numerous public companies are experiencing cash flow pressure and going concern issues as a result of COVID-19. Raising capital quickly and with certainty of execution is a priority. Many private equity clients are considering opportunities to invest substantial capital through PIPE (Private Investment in Public Equity) transactions. Gibson Dunn lawyers briefly outline these opportunities.