Experience

Equity Dispute

We assisted our  client in its dispute over the amount of equity that should have been granted to our client.

SEC Administrative Proceeding

We defended, in a hearing before an SEC administrative law judge, a case where the SEC Division of Enforcement sought disgorgement and a bar against a venture capital partner, who was accused of fraud and self-dealing under the Investment Advisers Act and Exchange Act based on his parallel investment in a portfolio company as part of the syndication of the investment.

Venture Fund Partner Dispute

We represented the venture fund in a partnership dispute, which included alleged wrongful termination, oral contracts, and negations for termination agreements, severance and renegotiation of fund valuations.

Venture Capital Firm Dispute and Resolution

Represented venture capital firm in obtaining insurance coverage for defense costs associated with its substantial investment in a portfolio company that faced high-profile investigations commenced by multiple federal agencies.

Morphe Holdings

Advised the co-founders of Morphe Holdings, a global beauty company, in its partnership with General Atlantic, a leading global growth equity firm.

Claims Advocacy for Venture Capital Firm

We represented one of the country’s largest venture capital firms in several disputes with its liability insurer including a dispute concerning coverage for alleged liability arising out of conduct by rogue shareholder representative, in which we obtained a substantial contribution from the insurer to settlement of the underlying matter. We continue to represent the same client in ongoing negotiations concerning coverage for a securities class action filed against the venture capital firm and its appointed board member, arising out of one of the largest losses in the history of venture capital.

Firm Highlights

Publication

Paycheck Protection Program Eligibility for Private Equity and Venture Capital-Backed Entities

Congress’ recently enacted Coronavirus Aid, Relief and Economic Security Act (CARES Act) created a new small business lending program to provide a direct incentive for small businesses to keep their workers on their payroll...

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Publication

Fed Announces New Main Street Lending Program

Loans Will Provide Additional Support for Small and Mid-sized Businesses On April 9, 2020, the Federal Reserve released the terms of its Main Street Lending Program , a $600 billion loan fund for U.S...

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Publication

Unlimited Vacation Policies Present Potential Pitfalls for California Employers

As unlimited vacation policies increase in popularity, California employers must be careful to avoid legal pitfalls in drafting and implementation. In the first California appellate decision to address unlimited vacation policies, the court held that...

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Publication

CARES Act Paycheck Protection Program Summary (Updated)

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Paycheck Protection Program (PPP) aims to provide qualifying small businesses, nonprofit organizations, veterans organizations, tribal businesses, sole proprietors, and independent contractors forgivable loans of...

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Publication

Guidance on Directive to Defer Payroll Tax Obligations Leaves Unanswered Questions

On August 8, 2020, the President directed the Secretary of the Treasury to authorize the deferment of certain payroll tax withholding, depositing, and payment obligations otherwise incurred on wages and compensation paid between September...

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Publication

San Francisco Bay Area Counties Issue Stricter Limits on Commercial Activities in Updated COVID-19 Shelter-In-Place Orders

To combat the growing number of coronavirus cases in the Bay Area, six local counties (Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara) have issued updated Shelter-In-Place orders that extend the...

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Publication

7 Tips for Creating a COVID-19 Essential Business Travel Policy

As states are relaxing COVID-19-related restrictions, employers should remain cautious about business travel. California’s public health orders still limit travel to an “urgent matter” or that which is “essential to your permitted work.” Given...

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Publication

Coronavirus and Employee Privacy Laws: What Employers Should Know

The outbreak of the novel coronavirus (COVID-19) presents challenging medical privacy issues for employers. Employers must observe their employees’ continued legal right to privacy—including under the Americans with Disabilities Act (ADA), HIPAA, and/or relevant...

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