Scherzer Blog

Reporting Criminal Convictions, the FCRA, and State Laws

Under the Fair Credit Reporting Act (FCRA), criminal convictions can appear in a background report regardless of when they occurred. It does not matter how old the conviction is. However, some states have passed their own legislation similar to the FCRA that does place restrictions on reporting criminal convictions.

Which states restrict reporting on convictions?

California, Colorado, Hawaii, Kansas, Maryland, Massachusetts, Montana, New Mexico, New York, New Hampshire, Texas, and Washington all have laws that limit the scope of reporting criminal convictions to seven years. In Hawaii, the seven-year limit is for felonies only; the reporting of misdemeanors is limited to five years. The District of Columbia limits the reporting of criminal convictions to 10 years.

All states not listed above follow the FCRA rule that criminal convictions can appear in a background report regardless of when they occurred.

The Salary Exception States

Seven of the states listed above allow an exception to their rule of limiting reporting criminal convictions to seven years. The exception is based on the salary the candidate is expected to make. If the salary exceeds a certain threshold, the seven-year limitation does not apply, and criminal convictions can appear in the candidate’s background report regardless of when they occurred.

Salary Exception States Candidate’s Potential Salary Threshold
Colorado $75,000
Kansas $20,000
Maryland $20,000
New Hampshire $20,000
New York $25,000
Texas $75,000
Washington $20,000

Workplace Investigations and the FCRA

Before a background check can be conducted on an applicant or employee, the FCRA requires that an employer (our client) provide a written disclosure form and obtain a signed authorization from the applicant or employee. While these requirements will apply to nearly all background checks, there are two situations in which the FCRA permits an employer to dispense with the disclosure and authorization requirements — an investigation of (1) suspected misconduct relating to employment or (2) compliance with federal, state, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer.

This alleviates the concern that providing the subject with advance disclosure of the investigation and obtaining the subject’s authorization to conduct the investigation would greatly hamper the investigation itself.

However, the FCRA does impose an obligation on the employer if adverse action, such as termination or suspension, is taken against the employee because of the investigation. In those situations, the FCRA requires the employer to provide the employee with a summary of the nature and substance of the investigation. Although the FCRA does not specify the time period within which the employer must provide the summary, it seems reasonable to provide it just after the adverse action is taken.

The FCRA does not require the employer to provide the employee with a copy of any report prepared for the investigation, nor does the FCRA require the employer to disclose in the summary the sources of the information obtained in the investigation. If co-workers, vendors, customers, or other individuals provided damaging information about the employee, their identities would not need to be disclosed to the employee in the FCRA summary.

The Scherzer Deal Report: August 1-5, 2022

Here is this week’s Deal Report for private equity and venture capital activity for US-based PE and VC firms and portfolio companies, brought to you by Scherzer International and Lucas and Associates, LLC.

PE and VC Firms

$4B
New flagship buyout fund
 
$750M
Second fund
 
$1.5B
Fifth global credit fund
 
$639M
Second fund
 
$120M
Third fund
 
$535M
Debut fund
 
$1.1B
Fifth private equity fund
 
$100M
Debut institutional fund
 
$400M
Investment fund
 
$1.97B
Fifth small cap buyouts fund
 
$74M
Seventh VC fund-of-funds
 
$504M
Fourth Velocity fund
 
$475M
Second fund
 
$400M
New VC fund

Private Equity Deals

Linden Capital Partners, Varsity Healthcare Partners
Undisclosed
Columbus, GA-based health care revenue cycle management firm
 
H.I.G. Capital
Undisclosed
Peabody, MA-based health care staffing firm focused on locum tenens
 
Thompson Street Capital Partners
Undisclosed
Memphis, TN-based provider of subrogation services
 
WindRose Health Investors
Undisclosed
Health system-focused marketing firm
 
AEA Investors
Undisclosed
Grand Rapids, MI-based provider of automated diagnostic, testing, and production machinery for life sciences and industrial customers
 
Mill Point Capital
Undisclosed
Minneapolis, MN-based provider of cloud backup and recovery software
 
Hidden Harbor Capital Partners
Undisclosed
Roseville, MI-based auto engine products and drive systems supplier
 
Antarctica Capital
Undisclosed
Santa Fe, NM-based provider of geospatial intelligence to commercial and government clients
 
Freestone
Undisclosed
Houston, TX-based plastics upcycling company
 
Carlyle, GIC
Undisclosed
Newcastle, DE-based green ammonia project development company
 
Global Payments
Undisclosed
Atlanta, GA-based payment tech integration firm
 
Hull Street Energy
Undisclosed
Boulder, CO-based utility-scale storage developer and operator
 
Arkview Capital
Undisclosed
Duluth, GA-based provider of workforce management services
 
Sverica
Undisclosed
Chicago, IL-based audience relationship management SaaS for media professionals
 
OMERS Private Equity
Undisclosed
Tucson, AZ-based mechanical services provider
 
Permira
Undisclosed
New York, the NY-based financial data vendor, focused on debt restructuring.
 
Gryphon Investors
Undisclosed
San Ramon, CA-based provider of enterprise resource planning software
 
Trilantic North America
Undisclosed
Miami, FL-based provider of on-demand and screen print and fulfillment services
 
SK Capital Partners
Undisclosed
Independence, OH-based maker of specialty polymer additives and specialty chemicals

 

Venture Capital Deals

Insight Partners, VMG Partners, Walter Robb
$115M
Oakland, CA-based fresh food optimization platform for grocers
 
Goldman Sachs, Thoma Bravo, True Ventures, Menlo Ventures, Norwest Venture Partners, Icon Ventures, Khosla Ventures, First Round Capital, Maynard Webb, Ram Shriram, SVB
$90M
Palo Alto, CA-based automated employee and customer experiences platform
 
ISTARI, Distributed Ventures, IA Capital Group, Bob Dudley
$23M
New York, NY-based provider of cyber risk qualification SaaS
 
Level Equity, Alexis Ohanian
$38M
Miami, FL-based boat rental marketplace
 
BuildGroup, Gula Tech Adventures
$25M
College Park, MD-based training platform for cybersecurity professions
 
Arch Venture Partners, Human Capital, General Catalyst
$50M
San Francisco, CA-based rural health care startup
 
Andreessen Horowitz, Casdin Capital, Nextech Invest, Forge Life Science Partners
$132M
Plymouth, MA-based developer of precision combination therapies for cancer
 
Shopify
$100M
Boston, MA-based e-commerce marketing automation company
 
Coatue, Coinbase Ventures, Mantis VC, Olivier Pomel
$20M
Houston, TX-based provider of crypto developer tools
 
DST Global Partners, Atinum Investments, SoftBank, Bass Investment, YC
$20M
Los Angeles, CA-based IP protection platform
 
Canaan Partners
$18M
San Francisco, CA-based payroll compliance platform
 
Madrona Venture Group, Cercano Management, M12, Alexandria Venture Investments, OCV Partners, Duke University
$26M
Seattle, WA-based single-cell immune monitoring platform
 
GIC, Ribbit Capital, Thrive Capital
$60M
San Francisco, CA-based SMB growth capital platform
 
Macquarie Capital Principal Finance
$90M
Kansas City, MO-based constituent engagement platform for governments
 
Thoma Bravo
$2.8B
Denver, CO-based authentication software company
 
SYN Ventures, SineWave Ventures, VIPC’s Virginia Venture Partners, SecureOctane
$20M
Tysons Corner, VA-based continuous compliance automation software startup
 
Georgian
$45M
Malvern, PA-based provider of customer engagement and account servicing software for banks and fintech
 
Andreessen Horowitz, Accel, First Round Capital, Elad Gil, Figma Ventures
$30M
San Francisco, CA-based user, and software product research platform
 
Breakthrough Energy Ventures, Prelude Ventures, SJF Ventures
$44M
Berkeley, CA-based utility-scale solar deployment startup
 
Insight Partners, Index Ventures, Bling Capital, Golden Ventures
$14M
San Francisco, CA-based product search engine

The Scherzer Deal Report: July 25-29, 2022

Here is this week’s Deal Report for private equity and venture capital activity for US-based PE and VC firms and portfolio companies, brought to you by Scherzer International and Lucas and Associates, LLC.

PE and VC Firms

$700M
Debut venture capital fund
 
$20M
Fintech-focused venture fund
 
$1.2B
Sixth flagship fund
 
$1.3B
Fourth fund
 
$2.2B
Tenth flagship growth equity fund $2B), the third discretionary overage fund ($200M)
 
$665M
Seventh early-stage venture fund ($280M), third growth fund ($200M), and continuation fund ($185M)
 
$450M
Fund to support Web3 projects

Private Equity Deals

Integrity Marketing Group
Undisclosed
Scottsdale, AZ-based independent insurance and financial product company
 
Sentinel Capital Partners
Undisclosed
Austin, TX-based franchisee of Anytime Fitness
 
Clearlake Capital Group
Undisclosed
Daphne, AL-based manufacturer of non-discretionary automotive, industrial, energy storage, and solar parts
 
OpenGov
Undisclosed
Dubuque, IA-based infrastructure and building management software company
 
Great Point Partners
Undisclosed
Iselin, NJ-based biometrics contract research organization
 
Mainsail Partners
Undisclosed
Mullica Hill, NJ-based facility maintenance software company
 
Built Technologies
Undisclosed
Nashville, TN-based deal management platform for commercial real estate lender
 
Oak Hill Capital
$250M
Cincinnati, OH-based fiber broadband provider
 
Summit Partners
Undisclosed
Chicago, IL-based provider of dynamic pricing and revenue management tools for short-term rentals
 
WindRose Health Investors
Undisclosed
Morristown, NJ-based provider of omnichannel health care communications
 
Atwater Capital
Undisclosed
Los Angeles, CA-based premium episodic content studio
 
Brightstar Capital Partners
Undisclosed
Petaluma, CA-based manufacturer of fabricated wood products for interiors and exteriors

 

Venture Capital Deals

FTX Ventures, Jump Crypto, Andreessen Horowitz, Multicoin Capital, Circle Venture
$150M
Palo Alto, CA-based blockchain startup
 
Galvanize Climate Solutions, Qualcomm Ventures, Prelude Ventures, S2G Ventures, Ajax Strategies, Grupo Jacto, Middleland Capital, M2O, Select
$40M
San Francisco, CA-based agricultural field intelligence company
 
Forerunner Ventures, Salesforce Ventures, Hubspot Ventures, Lyra Ventures, Gramercy Ventures
$56M
New York, NY-based B2B e-commerce payments startup
 
Breakthrough Energy Ventures, 2150 Urban Tech Sustainability Fund, VoLo Earth Ventures
$20M
Boca Raton, FL-based ultra-efficient air conditioning technology company
 
Shenzhen Capital Group
$43M
Boston, MA-based 3D printing company
 
Lapam Capital, Junson Capital, Dyee Capital
$38.5M
San Jose, CA-based biotech drug discovery company
 
Tempur Sealy, ARCHina Capital
$20M
Los Altos, CA-based connected mattress company
 
T. Rowe Price, Fidelity, Sands Capital, Piper Sandler’s Merchant Banking, Heartland Healthcare Capital funds, Mirae Asset Capital, Peter Thiel, Breyer Capital, Novartis, Vensana Capital, LRVHealth, New Leaf Ventures, Cigna Ventures, DigiTx Partner
$192M
New York, NY-based heart disease care company
 
Global Emerging Markets
$450M
Austin, TX-based lithium and battery technology company
 
NEA, Oak HC/FT, Alta Partners, Endeavor Catalyst
$164M
Denver, CO-based primary care company
 
Challenjers Venture
$20M
New York, NY-based restaurant POS company
 
GGV Capital, Khosla Ventures, General Catalyst, Founders Fund, Elad Gil, Nat Friedman, Ajeet Singh, Guillermo Rauch, Wes McKinney, Ryan Noon, Søren Brammer Schmidt
$30M
San Francisco, CA-based Postgres database services startup
 
Sweetwater Private Equity and Morpheus Ventures, with Home Depot Ventures, Second Century Ventures, Palm Drive Capital, IDEA Fund Partners, Meeting Street Capital, Solo Capital Management, VentureSouth
$39M
Charleston, SC-based home repair data and services marketplace
 
KKR, OMX Ventures, ARTIS Ventures, Lansdowne Partners, SALT, DeciBio Ventures, Axial
$55M
San Diego, CA-based genomic medicine startup
 
Sequoia Capital, John and Patrick Collison, Nat Friedman, Elad Gil, Daniel Gross, Caryn Marooney
$45M
San Francisco, CA-based software developer tools startup
 
Durable Capital
$75M
New York, NY-based travel startup
 
Icon Ventures, Sequoia Capital, XYZ Venture Capital, Spark Capital
$25M
San Francisco, CA-based remote work collaboration startup
 
Parkway Venture Capital
$20M
Dallas, TX-based real estate modeling software company
 
Mercury, Republic Asia, Cryptology Asset Group
$15M
Austin, TX-based blockchain startup
 
Pantera Capital,Mayfield, Gaingels, Alchemy Ventures, Redbeard Ventures, Spartan Group, OKG Investments, Polygon, CoinDCX, CoinGecko, We3 syndicate, Rainfall Capital, Broadhaven, EI Ventures, Hard Yaka, Alt Tab Capital, Boost VC, Draper Associates
$65M
San Francisco, CA-based NFT domain name provider

The Scherzer Deal Report: July 18-23, 2022

Here is this week’s Deal Report for private equity and venture capital activity for US-based PE and VC firms and portfolio companies, brought to you by Scherzer International and Lucas and Associates, LLC.

PE and VC Firms

$250M
First dedicated early-stage venture capital fund
 
$500M
First climate-related venture fund
 
$1.43B
Fourth flagship private equity fund
 
$670M
Second Health Assurance Fund
 
$150M
Inaugural private equity fund
 
$761.4M
New opportunity fund
 
$655M
Third fund focused on fintech investments in the US, Europe, and Canada
 
$820M
Debut fund for space investments

Private Equity Deals

GreyLion Partners, Vestar Capital Partners
Undisclosed
Austin, TX-based training and compliance company
 
Isos Capital Management
Undisclosed
Westport, CT-based advisory firm
 
AEA Growth
Undisclosed
San Diego, CA-based executive search firm in the software sector
 
Basis Vectors
Undisclosed
Minneola, FL-based cloud platform for high-volume digital commerce
 
Mill Point Capital
Undisclosed
Atlanta, GA-based construction materials company
 
Clearlake Capital
Undisclosed
Chicago, IL-based collision repairs provider
 
Warburg Pincus
Undisclosed
Miami, FL-based car wash company
 
Alpine Investors
Undisclosed
Boston, MA-based K-12 online tutoring platform
 
PSG
Undisclosed
New York, NY-based provider of payment processing technology
 
Macquarie Asset Management’s Green Investment Group
Undisclosed
Boston, MA-based renewable energy development platform
 
TA Associates
Undisclosed
Newport Beach, CA-based real estate intelligence and analytics company
 
HarbourView Equity Partners
Undisclosed
Los Angeles, CA-based publishing and recorded music catalog
 
Mill Rock Packaging Partners
Undisclosed
St. Paul, MN-based specialty packaging and printing company
 
Bain Capital, ADIA
Undisclosed
Hookset, NH-based fleet management company
 
ArchiMed
$1.1B
Middleton, WI-based neurodiagnostic device company
 
Chase Corporation
Undisclosed
Houston, TX-based producer of high-end polymer technologies
 
New Mountain Capital
Undisclosed
New York, NY-based enterprise software company
 
Peak Technologies
Undisclosed
Franklin, MA-based provider of supply chain and logistics analytics software
 
Red Arts Capital, Prudential Private Capital
Undisclosed
Chino, CA-based freight consolidators
 
CGI Manufacturing Holdings
Undisclosed
Dresser, WI-based manufacturer of custom mechanical systems
 
EQT
Undisclosed
Beverly Hills, CA-based talent agency
 
BlackRock Real Assets
Undisclosed
Wellesley, MA-based food waste management company

 

Venture Capital Deals

Quad Partners, Next47, Origin Ventures, Matrix Partners, Point Nine Capital, New Ground Ventures
$52M
San Francisco, CA-based performance management company
 
Brighton Park Capital
$20M
New York, NY-based security company
 
DCVC, Eli Lilly, Creyon Bio, Totus Medicines, GenEdit
$48M
Wellesley, MA-based biotech company developing cancer therapies
 
Section 32, Amgen Ventures, Bristol Myers Squibb, Quadrille Capital, Gaingels, GRIDS Capital
$75M
San Mateo, CA-based biotech company
 
Enavate Sciences, Gaingels, 5AM Ventures, Polaris Partners, Northpond Ventures, Andreessen Horowitz, The Kraft Group
$100M
Cambridge, MA-based RNA biotech company
 
8VC, Andreessen Horowitz, Wing VC, Catalio Capital Management, ARTIS Ventures, Alexandria Venture Investments, AME Cloud Ventures, the Cancer Research Institute, Gaingels
$57M
Foster City, CA-based precision medicine company
 
Alignment Growth, OMERS Ventures, Mayfield, Emergence Capital
$50M
San Francisco, CA-based database of venture capital deal activity
 
DFJ Growth, Eli Lilly and Company, Point72, Brown Advisory, Point Field Partners, Initiate Ventures, Open Field Capital, PTX Capital, Cowen Healthcare Investments, Foresite Capital, Menlo Ventures, OrbiMed, T. Rowe Price Associates, Inc., Northpond Ventures, Samsara BioCapital, Rock Springs Capital, AV8 Ventures, Illumina Ventures, Osage University Partners, Windham Venture Partners
$225M
Baltimore, MD and Palo Alto, CA-based liquid biopsy company
 
WestCap, Mubadala Capital, Streamlined Ventures
$60M
Los Angeles, CA-based social commerce startup
 
Accomplice, Kinnevik
$25M
Seattle, WA-based travel industry API startup
 
A-Street Ventures
$100M
Richmond, VA-based education curriculum company
 
Summit Partners, Castle Island Ventures, Digital Currency Group, Brevan Howard
$90M
Miami, FL-based blockchain security startup
 
Electric Capital, Dragonfly Capital Partners, LedgerPrime, Balaji Srinivasan, Jump Crypto, Wintermute Trading, GSR, Kronos Research and Altonomy
$25M
San Francisco, CA-based decentralized finance exchange
 
Three Fish Capital
$26.25M
New York, NY-based contract worker hiring and onboarding company
 
Revolution Growth, CPP Investments, Grosvenor, Wellington Management, Chipotle’s Cultivate Next
$150M
Boulder, CO-based alternative meats company
 
Tiger Global, QED Investors, FTX
$22M
New York, NY-based crypto corporate treasury company
 
Starshot Capital, Helena, Ahren Innovation Capital, Mustafa Suleyman, Flying Fish, Section 32, Character
$25M
Seattle, WA-based industrial manufacturing systems startup
 
Sweat Equity Partners, SoftBank, Mercury Fund, Fitz Gate Ventures, Seamless Capital, Raven One Ventures, New Age Ventures
$26M
Austin, TX-based residential home services startup
 
Noro-Moseley Partners, Frontier Growth
$25M
Fayetteville, AR-based retail supply chain data company
 
Summit Partners
$41.4M
San Francisco, CA-based maker of text shortcut software
 
Insight Partners, Blumberg Capital, Mayo Clinic, NFX, StageOne Ventures, iAngels, Neil Hunt, iCON, Ariel Cohen
$24M
Palo Alto, CA-based surgery video analysis company
 
Morgan Stanley’s Next Level Fund, Mastercard, GoldHouse, Asian Hustle network, Hyphen Capital
$22M
San Francisco, CA-based consumer credit startup
 
CapitalG, DST Global, BOND, A16Z, YC Continuity
$260M
Marina del Rey, CA-based livestream shopping network
 
FPV Ventures, Craft Ventures, Spark Capital, Harrison Metal, SV Angel, Abstract Ventures, the Chainsmokers, Global Founders Capital
$25M
San Francisco, CA-based credit cart startup
 
LightWork Worldwide, Alpha Sigma Capital, Apex Capital Partners, Baron Davis Enterprises
$15M
Boston, MA-based gaming and lifestyle company
 
Kingsway Capital, The Raine Group, Square Enix, Lakestar, Initial Capital
$35M
Hoboken, NJ-based payment processor for the gaming industry
 
Coast Range Capital, Lux Capital, Energize Ventures, Almaz Capital, Porsche Ventures, Chevron Technology Ventures, Juniper Networks, Rockwell Automation, Samsung Next, EDF North America Ventures
$26M
San Jose, CA-based edge computing company

The Scherzer Deal Report: July 11-16, 2022

Here is this week’s Deal Report for private equity and venture capital activity for US-based PE and VC firms and portfolio companies, brought to you by Scherzer International and Lucas and Associates, LLC.

PE and VC Firms

$3.83B
14th flagship fund ($3.3B) and 2nd select fund ($530M)
 
$100M
Debut corporate venture arm
 
$20M
Second fund
 
$2.1B
First fund devoted to asset-based finance investments
 
Austin, TX
$430M
Third fund
 
$25M
Debut fund
 
$565M
New fund
 
$1.94B
Fifth fund
 
Miami, FL
$100M
Debut fund
 
$405M
Fifth fund

Private Equity Deals

Partners Group
$500M
Shelton, CT-based energy efficiency-as-a-service company
 
Bregal Sagemount
Undisclosed
New York, NY-based provider of operations and resident engagement software for luxury residential properties
 
RAF Industries
Undisclosed
Darien, WI-based maker of laser-guided boom screeds for placing concrete
 
InfraRed Capital Partners
$150M
Brunswick, GA-based regional broadband service provider
 
Tailwind Capital
Undisclosed
Lakewood, OH-based Google Cloud partner
 
Bregal Sagemount
Undisclosed
New York, NY-based provider of compliance advisory services to the investment management industry
 
Golden Gate Capital
$200M
New York, NY-based provider of tech services for financial markets
 
MidOcean Partners
Undisclosed
Phoenix, AZ-based product management training company
 
JDH Capital
Undisclosed
Eugene, OR-based maker of archery products
 
Bessemer Investors
Undisclosed
San Diego, CA-based franchisee for Roto-Rooter Plumbing and Drain Service
 
Pamlico Capital
$65M
Atlanta, GA-based procurement spend analytics platform.
 
Aterian Investment Partners
Undisclosed
Albany, NY-based maker of fiber products for markets like bedding, furniture, and medical.
 
Apollo Investment Management
$175M
Arlington, VA-based community solar owner-operator
 
Clearhaven Partners
$100M
New York, NY-based video creation and personalization SaaS
 
Heritage GroupTwelve
Undisclosed
Murfreesboro, TN-based provider of chronic care medication
 
Madison Dearborn Partners
Undisclosed
Dulles, a VA-based government contractor, focused on procurement, supply chain, and contract management software.
 
HGGC
$115M
Austin, TX-based provider of work management software

 

Venture Capital Deals

Live Oak Ventures
$29M
Wilmington, NC-based maker of front-end software for smaller banks
 
Bain Capital Life Sciences, Access Biotechnology, GV, Arch Venture Partners, Saturn Partners, Sanofi, Maverick Capital, Population Health Partners
$350M
Fort Collins, CO-based developer of oral drugs for treating asthma
 
Insight Partners, Accel, YC
$30M
San Francisco, CA-based audio intelligence API
 
Carrick Capital Partners
$75M
Phoenix, AZ-based “offensive security” startup
 
M13, Inspired Capital, IA Ventures, Upfront Capital
$24M
San Francisco, CA-based EMR development and payments platform
 
Breakthrough Energy Ventures, Inditex
$30M
Danville, VA-based apparel recycling startup
 
Axon, Aqton Partners, Menlo Ventures, Felicis Ventures, Target Partners
$30M
San Francisco, CA-based drone defense startup
 
Abdo Partners, Spring Lane Capital, Copulos Group
$69M
Arcadia, CA-based EV fast-charging network operator
 
Castle Island Ventures, Citadel Securities, FTX Ventures, Uncorrelated Ventures, Greycroft, XBTO Humla Ventures, Wintermute, SLN Capital, Profluent Trading, Coinbase Ventures
$50M
New York, NY-based crypto prime brokerage
 
Triatomic Capital, Section 32, FPV Ventures, Horizons Ventures, Tencent, Playground Global, Fifty Years, GettyLab
$40M
Boston, MA-based protein therapeutics startup
 
Snowpoint, Baille Gifford, GV
$105M
Boston, MA-based developer of autonomous flight tech for fixed-wing aircraft
 
TPG Rise Climate, Decarbonization Partners, NextEra Energy Resources, SK, Mitsubishi Heavy Industries America, Azimuth Capital Management
$300M
Lincoln, NE-based green hydrogen producer
 
Wellington Access Ventures, Seae Ventures, Philips Ventures
$20M
Los Angeles, CA-based virtual at-home intervention program for cardiac patients
 
Canvas Ventures, Menlo Ventures, Story Ventures, Pruven Capital
$25M
New York, NY-based patient data sharing startup
 
GIC, Trilantic, Energy Impact Partners
$135M
Tualatin, OR-based battery energy storage startup
 
Founders Fund, Stripe, Elad Gil
$40M
Mountain View, CA-based equity management software startup
 
Tola Capital, FirstMark, Accomplice, Boldstart, Allegion Ventures
$30M
Boston, MA-based hybrid workplace management platform
 
Morgan Stanley Expansion Capital
$55M
Indianapolis, IN-based edge infrastructure management startup
 
FTV Capital
$74M
Atlanta, GA-based provider of business management SaaS for the green industry
 
Goldman Sachs, Sanabil, Dell Technologies Capital, Google Ventures, Hewlett Packard Enterprise, Rev IV, IBM, Insight Partners
$40M
San Francisco, CA-based real-time database platform
 
Kleiner Perkins, Databricks, Snowflake, Andreessen Horowitz, Sequoia Capital, Bain Capital Ventures, Tiger Global
$100M
San Francisco, CA-based machine learning ops startup
 
Breakthrough Energy Ventures, LENx, Creative Ventures, Rio Tinto
$46M
Golden, CO-based developer of a low-carbon alternative for cement production
 
Koch Industries, Eastman Kodak, Fifth Wall Climate
$90M
San Diego, CA-based EV battery technology developer
 
HealthQuad, British International Investment, W Health Ventures, Kae Capital, Google Assistant Investments, pi Ventures
$20M
Boston, MA-based mental health messaging tool

CFPB’s Advisory Opinion on Name-Only Matching for Consumer Reporting

On July 12, 2022, the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion regarding the “permissible purpose requirement” of the Fair Credit Reporting Act (FCRA) as it applies to both a consumer reporting agency (CRA) and a user of consumer reports (e.g., employer).

The CFPB’s position is that name-only matching records in a consumer report violate the permissible purpose requirement in FCRA section 604(a)(3). The CFPB noted that consumer report users must ensure they do not violate a person’s privacy by obtaining or using a report without a permissible purpose, and that a consumer reporting agency should not provide reports with “possible matches” to users.

The CFPB further warned that including a disclaimer in the report, such as “this record was matched to the subject by First Name, Last Name ONLY and may not belong to your subject; your further review of the [source] is required in order to determine if this is your subject” does not adequately address the problem of using name-only matching procedures because the report may include information about a person other than the subject for whom the CRA has a permissible purpose. In the CFPB’s view, a disclaimer “will not change the fact that the consumer reporting company has failed to satisfy the requirements of 604(a)(3) and has provided a consumer report about a person lacking a permissible purpose with respect to that person.”

The CFPB’s advisory opinion raises the possibility that employers, as users of such consumer reports, could be held liable for FCRA permissible purpose violations resulting from a CRA’s matching procedures or mistakes. The opinion emphasized the CFPB’s position that there is strict liability for obtaining or using a consumer report without a permissible purpose and also included a reminder about criminal liability for knowing or willful violations of the FCRA provisions.

Civil Judgments v. Judgment Liens: What is the Difference?

A civil judgment and a judgment lien are not the same things, although they do relate to the same debt.

A civil judgment is an official decision by the court regarding a civil lawsuit. If the judgment is in favor of the plaintiff (the party filing the lawsuit), the judgment typically awards the plaintiff a sum of money that must be paid by the defendant (the party sued by the plaintiff). A civil judgment can be located in a search of civil court records.

If the judgment debtor (the defendant who lost the lawsuit) fails to voluntarily pay or “satisfy the judgment,” it is up to the judgment creditor (the plaintiff who won the lawsuit) to enforce or collect the judgment.

There are a variety of ways to enforce a civil judgment. A common method of enforcing a judgment is for the judgment creditor to file a judgment lien, which is also often referred to as an “abstract of judgment.” This is an involuntary lien that the judgment creditor files to attach to the judgment debtor’s property in the jurisdiction where the judgment lien is filed. The judgment lien is typically filed in the county recorder’s office but may also be filed at the courthouse in some jurisdictions. In general, the lien is satisfied from the sale proceeds when the judgment debtor sells the property or when a refinance occurs.

The Scherzer Deal Report: July 5-9, 2022

Here is this week’s Deal Report for private equity and venture capital activity for US-based PE and VC firms and portfolio companies, brought to you by Scherzer International and Lucas and Associates, LLC.

PE and VC Firms

$340M
Debut fund
 
$590M
First infrastructure-focused PE secondaries and co-investments fund
 
$100M
Fund of funds
 
$143M
Debut environmental impact PE fund
 
$645M
Fourth direct co-investment fund
 
$75M
Second fund
 
$248M
Seventh fund
 
$525M
Fifth fund
 
$50M
Debut fund
 
$1.3b
Third fund

Private Equity Deals

Genstar Capital
Undisclosed
Spicewood, TX-based maker of passive and electromechanical components
 
FTV Capital
$75M
New York, NY-based custom enterprise software developer
 
Knox Lane
Undisclosed
Idaho Falls, ID-based formulator and manufacturer of beauty products
 
Sycamore Partners
Undisclosed
King of Prussia, PA-based franchisor of The Goddard School
 
Blue Wolf Capital, GCM Grosvenor
Undisclosed
Chicago, IL-based provider of transportation and maintenance services to the public and private transit sectors
 
NovaQuest Private Equity
Undisclosed
Durham, NC-based ophthalmology
 
CROFrancisco Partners
$1.1B
tbd
 
Blackstone
$400M
San Francisco, CA-based market infrastructure platform for global carbon and environmental commodities

 

Venture Capital Deals

Questa Capital, CRG
$32.7M
Pleasanton, CA-based maker of a kidney stone removal device
 
Allianz X, Valor Equity Partners, Kinetic Partners
$250M
San Francisco, CA-based cyber risk insurer
 
FoundersX
$50M
Cambridge, MA-based developer of a headset for neurological therapy
 
BlackRock, Activate Capital, Madrona Ventures, Prologis Ventures, Redpoint Ventures, T. Rowe Price, Tiger Global
$119M
Seattle, WA-based programmatic logistics firm for retailers and brands
 
GV, AgFunder, Refactor Capital, First Star Ventures, Bolt
$15M
Petaluma, CA-based ag-tech startup focused on aquatic superplants.
 
Hummingbird Ventures, Amgen Ventures, HBM Genomics, Civilization Ventures
$25M
Cambridge, MA-based developer of oncology mRNA tech
 
Prosus, Fiserv, Contour Venture Partners
$39M
New York, NY-based corporate food delivery platform
 
BAMCAP Ventures, Carao Ventures, Susan and Anne Wojcicki, Madrona Venture Group, First Round Capital, Floodgate, FundersClub, Hillsven, Mango Capital, Xplorer Capital
$17M
San Francisco, CA-based accounts receivable management startup.
 
Eclipse Ventures, Stata Venture Partners, Fontinalis Partners, D1 Capital Partners, Standard Investments, Atlas Innovate, Boston Seed Capital, Industry Ventures, the Simkins Family
$355M
Burlington, MA-based developer of digital manufacturing infrastructure.
 
Beringea, Cushman & Wakefield, Crow Holdings, Taronga Ventures, Fifth Wall, Bessemer Ventures, Jona Capital
$15M
New York, NY-based real estate certification startup.

State and Federal Court Searches: Removal vs. Remand

The U.S. has a dual court system — state courts and federal courts. State courts are established by state law and have broad jurisdiction, which means they handle many types of cases. Federal courts are established under the U.S. Constitution and have a limited jurisdiction, typically limited to cases involving the Constitution and laws passed by Congress.

In some cases, the parties may disagree about whether the case should be heard in state or federal court. When this occurs, your court searches may locate state cases that have been “removed to federal court” or federal cases that have been “remanded back to state court” – and sometimes both procedures will happen to the same case.

“Removal” is when a defendant takes a case that was filed by the plaintiff in state court and then brings it to federal court. A defendant can remove a case from state court to federal court if the case originally could have been brought in federal court. The plaintiff can challenge the removal to federal court and, if the challenge is successful, the federal court will “remand” the case back to state court.

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