Document Type
Article
Publication
Berkely Business Law Journal
Year
2023
Citation Information
Paige L. Wilson, Regional Venture Deals, 20 Berkeley Bus. L.J 1 (2023), available at https://scholar.law.colorado.edu/faculty-articles/1692.
Abstract
What might allow a region to suddenly excel at attracting venture capital funding, and what role do lawyers play in such a shift? The Midwest offers a useful case study because it has succeeded at increasing the size of its venture capital market by more than five hundred percent over the past decade. This Article is the first-ever empirical study to explore in depth the changing practices of the region. This Article begins by comparing startup lawyering practices in the Midwest to startup lawyering practices in the major innovation hubs on the coasts. Drawing upon lawyer interviews, industry reports, and data from actual deals, this novel study finds that early-stage venture capital deals in the Midwest contain more investor-friendly terms that seek to provide investors with greater control over company actions and higher returns on early exits. Study data suggest that these deal differences are attributable to (1) the nascency of the Midwest venture capital ecosystem, (2) market dynamics that favor investors, and (3) a regional culture that emphasizes careful growth. Despite these regional differences, the study also shows that startup lawyers are actively facilitating convergence between Midwest deal practices and coastal deal practices. This finding goes to an important question in the innovation literature regarding whether contracts should be tailored to local market conditions or whether they should conform to a one-size-fits-all model. This Article offers empirical evidence that nationalized contracts are crucial to fostering rapid growth in emerging startup ecosystems such as the Midwest. With its original dataset, this Article highlights the vital role that startup lawyers perform in boosting regional economic development.
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