WeWork’s biggest investor, SoftBank Group Corp., took over 80 percent of WeWork in a $9.5 billion rescue package in October following the company’s botched initial public offering (“IPO”) attempt. Concerns about the company’s losses and corporate governance forced WeWork to shelve its plans for an IPO in late September leading to the need for an influx of capital to replace what was expected to be raised by WeWork in the IPO. (Eavis and de la Merced, The New York Times). WeWork, valued at $47 billion in January 2019, is valued at the start of 2020 at less than $8 billion. (Hsiao, Top1000funds.com). This $40 billion loss in less than a year is serving as a lesson for investors in high-profile startups with valuations upwards of $1 billion (“unicorns” or “unicorn companies”), and as a warning for growth-stock companies looking to make their public market debuts. (Alpeyev, Tan, Davis and Huet, Bloomberg). This post outlines WeWork’s turbulent 2019 and briefly explores what may become a “unicorn” startup burnout case study business students will study for years to come.
Read MoreTygon Peak Capital Management, LLC (“Tygon Peak”), a private equity firm, filed suit in Delaware Chancery Court against Voice Comm, LLC (“Voice Comm”) and its ownership group alleging breach of contract, unjust enrichment, breach of the covenant of good faith and fair dealing, deceptive trade practices, and defamation. (Verified Complaint, Tygon Peak Capital Management, LLC v. Mobile Investments Investco, LLC, No. 2019-0847 (Del. Ch. Oct 24, 2019)). The defendants in the suit include Voice Comm’s parent company, Mobile Investments Investco, LLC (“Investco”), the other firms that invested in Investco, and the individuals in charge of these investment companies who also sat on the boards of Investco and its subsidiaries. Id. Tygon Peak owns 100% of Investco’s Class A Units and 6.8% of Investco’s Class B Units and has a seat on Investco’s Board of Managers (“Investco’s Board”). Id. The suit arose after negotiations broke down over a potential buyout of Tygon Peak’s Investco stock. (Leonard, Bloomberg Law).
Read MoreThe House of Representatives passed H.R. 1595 – Secure And Fair Enforcement Banking Act of 2019 (“SAFE Act”) on September 25, 2019, in a historic step toward federal marijuana legalization. (Jeff Smith, Marijuana Business Daily). Introduced by Representative Ed Perlmutter (D-Co.), the SAFE Act, which required a two-thirds majority in the House, passed with a vote of 321-103 in a rare showing of bipartisan support. Id. Under current federal money laundering statutes, any financial firm that provides services to a cannabis company, regardless of its operation in a legal state, faces heavy financial penalties. (Lane and Gangitano, The Hill). However, under the SAFE Act, financial institutions and insurance companies could provide commercial banking services to state-legal cannabis companies without fear of federal penalty. (Staff, Marijuana Business Daily).
Read MoreThe United Kingdom's Competition and Markets Authority (“CMA”) paused Amazon's investment into online food delivery company Deliveroo while it investigates the deal. (Kate Holton and James Davey, Reuters). In May 2019, Amazon led a $575 million investment, with other businesses, into Deliveroo. (Business Insider). Although Amazon would only retain a minority share in Deliveroo, the CMA is concerned this investment could “result in Amazon and Deliveroo ceasing to be distinct.” (Danica Kirka, AP News).
Read MoreBudweiser Brewing Co. APAC Ltd. (“Budweiser Asia”), made an impressive entrance into the Hong Kong market last week. Budweiser Asia, a unit of Anheuser-Busch InBev (“AB InBev”), debuted in the new market on September 30, 2019, raising $5 billion for the world’s largest brewer in this share sale. (Wang, Wall Street Journal) Budweiser Asia’s performance claims the second-largest initial public offering in the world this year, trailing Uber Technologies Inc., who raised $8.1 billion and listed on the New York Stock Exchange. (Wang, Wall Street Journal)
Read MorePhone carrier giants Sprint and T-Mobile announced an unprecedented merger in the spring of 2018. The merger would create a $146 billion powerhouse company under the T-Mobile name. (Taylor Soper, GeekWire). As of now, T-Mobile and Sprint are the third and fourth-largest carriers in the U.S., just behind AT&T and Verizon. Id. However, the Department of Justice (DOJ) initially wasn’t sold and filed suit to block the merger. (U.S. D.O.J. Compl. 3. July 26, 2019). A deal of this size raises fair market and antitrust concerns for both the D.O.J. and Federal Communications Commission (F.C.C.) and is dependent on the regulators’ approval. (Taylor Soper, GeekWire).
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