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The Scherzer Deal Report: October 16-20, 2020

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.

PE and VC Firms Fundraising Location Amount Description
LLR Partners  Philadelphia, PA $1.8B Sixth lower middle-market private equity fund
OpenView Venture Partners Boston, MA $450M Sixth fund
True Ventures Palo Alto, CA $465M Seventh flagship fund
True Ventures Palo Alto, CA $375M Fourth “select” fund

Private Equity Investors Company  Amount Description
Lightyear Capital, Ontario Teachers’  Allworth Financial $800M Sacramento, CA-based provider of retirement and wealth management solutions
Ridgemont Equity Partners Anne Arundel Dermatology Management Undisclosed Linthicum Heights, MD-based operator of 74 clinics in the Mid-Atlantic and Southeastern U.S. 
Atairos Arcis Golf Undisclosed Dallas, TX-based operator of public and private golf clubs
Thoma Bravo  AxiomSL Undisclosed New York-based provider of risk management and regulatory software for the investment market
Abry Partners  Benefit Recovery Group Undisclosed Memphis, TN-based provider of health care subrogation service
H.I.G. Capital Capstone Logistics Undisclosed Atlanta, GA-based provider of outsourced supply chain solutions to distribution centers
Madison Dearborn Partners Carnegie Learning Undisclosed Pittsburgh, PA-based education and formative assessment company
CapVest Datasite Undisclosed Minneapolis, MN-based provider of M&A SaaS
Pritzker Private Capital  Energy Distribution Partners Undisclosed Chicago, IL-based distributor of propane and light fuels. Existing backers Concentric Equity Partners and Duchossois Capital Management
Ares Management, Pretium Front Yard Residential $767M U.S. rental homes owner
Welsh, Carson, Anderson & Stowe  GovernmentCIO Undisclosed Washington, DC-based provider of digital solutions to the federal health IT services market
I Squared Capital GTT Communications $2.15B McLean, VA-based telecom company’s infrastructure unit
MidOcean Partners InterVision Systems Undisclosed Santa Clara, CA-based IT solutions and managed services provider
Core Industrial Partners  J&K Ingredient Undisclosed Paterson, NJ-based maker of baked goods ingredients
Kainos Capital Nutrisystem $575M Fort Washington, PA-based nutrition and weight management brand
Mainsail Partners PlanHub $41M West Palm Beach, FL-based project bid marketplace for commercial construction
The Jordan Co.  Potters Industries, LLC $650M Performance Materials segment of publicly traded PQ Group Holdings, Inc.
KKR RVshare $100M Akron, OH-based peer-to-peer RV rental marketplace
TZP Group SA Co. Undisclosed Boca Raton, FL-based outdoor lifestyle apparel business
Trilantic North America SemaConnect Undisclosed Bowie, MD-based provider of electric vehicle charging infrastructure
Lee Equity Partners  Simplicity Undisclosed Summit, NJ-based financial products distribution business
H.I.G. Capital St. Croix Hospice Undisclosed Oakdale, MN-based provider of end-of-life care in six states
Accel-KKR Surgical Information Systems Undisclosed Alpharetta, GA-based provider of business and clinical surgical software
Bansk Group Woodstream Undisclosed Lancaster, PA-based maker of branded pest and animal control products

Venture Capital Investors Company  Amount Description
ForgePoint Capital, Benhamou Global Ventures, TheVentureCity, C5 Capital, Adara Ventures 4iQ $30M Los Angeles, CA-based cyber intelligence startup
Perceptive Advisors, Bain Capital Life Sciences, RA Capital, Sarepta Therapeutics AavantiBio $107M Cambridge, MA-based gene therapy startup focused on rare genetic diseases
NEA, Andreessen Horowitz, Intel Capital, Foundation Capital Anyscale $40M Berkeley, CA-based app development platform
Ascension Ventures Bind Benefits $105M Minneapolis, MN-based health insurance startup
Cox Enterprises, Catalyst Investors BrightFarms $100M Irvington, NY-based indoor farming company
Georgian Partners, Breyer Capital, Bessemer Venture Partners, LiveOak Venture Partners, The Stephens Group Disco $60M Austin, TX-based e-discovery company
SR One, Taiho Ventures, BVF Partners, HBM Healthcare, Alexandria Venture Investments, 8VC, Mission BioCapital Dren Bio $60M San Carlos, CA-based developer of protein-engineering technologies
Meritech Capital Partners, PayPal Ventures, Great Point Ventures, Shah Capital Partners Extend $40M San Francisco, CA-based provider of product protection services
Salt Partners, Lightspeed Venture Partners, DCM Ventures, Menlo Ventures, HarbourVest Partners Fivestars $52.5M San Francisco, CA-based small business marketing and payments startup
Trustbridge Partners, Caffeinated Capital, Kleiner Perkins Future $24M San Francisco, CA-based workout coaching app
GGV Capital, EQT Ventures, Kleiner Perkins, Lightspeed Venture Partners, Spark Capital, True Ventures, Chan Zuckerberg Initiative, Emerson Collective, Imaginable Futures Handshake $80M San Francisco, CA-based recruitment platform
Tiger Global, Bond, Bessemer Venture Partners Hyperscience $80M New York-based data automation startup
Innoviva, Deerfield Management, HealthCap, Morningside Ventures InCarda Therapeutics $30M San Francisco, CA-based developer of inhaled therapies for cardiovascular diseases
Group 11, Foundation Capital, AltaIR Capital, Primary Venture Partners, Torch Capital, Zeev Ventures Lili $15M New York-based banking app for freelancers
Founders Fund, Meritech Capital Newfront Insurance $28M San Francisco, CA-based business and personal insurance brokerage
Summit Partners Output $45M Los Angeles, CA-based provider of digital music creation SaaS
Spark Capital, Boston Seed, Tectonic Ventures Perch $123.5M New York-based platform that acquired direct-to-consumer products selling on Amazon
Menlo Ventures, Polaris Partners, Ten Eleven Ventures Sonrai Security $20M New York-based public cloud security startup
Prime Movers Lab, Liberty Global Ventures, Liberty LatAm Ventures Tarana Wireless $30M Milpitas, CA-based provider of fixed wireless access network solutions
Advent International, Index Ventures, Exor, Airbus Ventures, FM Capital Tekion $150M San Ramon, CA-based auto retail SaaS platform
Sequoia Capital, Madrona Venture Group, Addition Ventures, Amplify Partners Temporal $18.75M Seattle, WA-based microservices orchestration platform
Bitkraft Ventures, Nexstar Media Group VENN $26M Los Angeles, CA-based e-sports content network
Cardinal Health, Marc Benioff,  Canaan Partners, Threshold Ventures, Section 32, Casdin Capital, Novartis Pharma AG, McKesson Ventures, LifeForce Capital Vineti $33M San Francisco, CA-based developer of logistics software for cell and gene therapies
Accel, Unusual Ventures Vivun $18M Oakland, CA-based pre-sales software startup
Quiet Capital, Sequoia Capital, First Round Capital Whisper $35M San Francisco, CA-based hearing aids startup
Insight Partners Zest AI $15M Los Angeles, CA-based provider of credit underwriting software

October 23rd, 2020|Scherzer Deal Report|

The Scherzer Deal Report: October 3-10, 2020

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.

PE and VC Firms Fundraising Location Amount Description
Greycroft New York, NY and Los Angeles, CA $368M Third growth-stage fund
Greycroft New York, NY and Los Angeles, CA $310M Sixth early-stage VC fund
HPS Investment Partners New York, NY $9B Subordinated debt fund
NewRoad Capital Partners Roger, AR $176M Third fund
Plexus Capital Raleigh, NC $502M Fifth fund
Pontifax AgTech Santa Monica, CA $302M Second fund

Private Equity Investors Company  Amount Description
Susquehanna Private Capital Brandywine Coach Works Undisclosed Pennsylvania-based auto repair facilities operator. It will form the basis of a new acquisition platform called quality Collision Group
H.I.G. Capital Hart & Cooley Undisclosed Grand Rapids, MI-based maker of HVAC and air distribution products
L Catterton, Pamplona Capital Management ICON $200M Utah-based connected fitness company whose brands include NordicTrack
Carousel Capital Landscape Workshop Undisclosed Provider of route-based commercial landscaping services in the Southeastern U.S.
Vector Capital MarkLogic Undisclosed San Carlos, CA-based provider of enterprise data integration and data management solutions
Onex OneDigital Undisclosed Atlanta, GA-based provider of benefits solutions to employers
VSS Capital Partners Podiatry Growth Partners Undisclosed St. Louis, MO-based operator of a national network of regionally branded podiatric clinics
Core Industrial Partners TCG Legacy Undisclosed Garner, NC-based marketing company focused on printing and packaging services
CC Capital and Motive Partners Wilshire Associates Undisclosed Santa Monica, CA-based investment tech and advisory firm
LLR Partners YCharts Undisclosed Chicago, IL-based maker of cloud-based investment analytics and communications tools for investors
The Blackstone Group Zo Skin Health Undisclosed Irvine, CA-based maker of medical-grade skincare products

Venture Capital Investors Company  Amount Description
Column Group, Vida Ventures, Samsara BioCapital, Nextech Invest, Casdin Capital, Euclidean Capital, UC Regents, Hartford HealthCare Endowment A2 Biotherapeutics $71.5M Agoura Hills, CA-based developer of cell therapies for solid tumors
Union Square Venturesm UPMC, Bessemer Venture Partners, Pillar, KdT Ventures Abridge $15M Pittsburgh, PA-based startup that helps patients better understand their medical plans of action
Dawn Capital, Deutsche Bank, Goldman Sachs, JPMorgan AccessFintech $20M New York-based data and workflow collaboration startup
Accel, Emergence Capital, Salesforce Ventures Airkit $28M Palo Alto, CA-based low-code platform for custom engagement
Franklin Templeton Allbirds $100M San Francisco, CA-based footwear maker
D1 Capital Partners, 8VC Avail Medsystems $100M Palo Alto, CA-based developer of telemedicine solutions for use in procedure rooms
Oak HC/FT, Westcap, Liquid 2 Ventures, Gaingels, Air Angels Cerebral $35M San Francisco, CA-based mental health medication management and therapy startup
Insight Partners, Steadview Capital, Tiger Global Chargebee $55M India and San Francisco, CA-based billing subscription management company
Verizon Ventures, M12, Great Point Ventures, SVB Cooler Screens $80M Chicago, IL-based startup that replaces glass doors in store aisle coolers with interactive digital displays
Transformation Capital, Johnson & Johnson, Cigna Ventures, Roviant Sciences, Flex Capital Datavant $40M Cleveland, OH-based health data management company
OMERS, Andreessen Horowitz, Google Ventures, Iconiq, Work-Bench Dialpad $100M San Francisco, CA-based cloud business phone and contact center provider
Horizons Ventures, Venrock, Altitude, Seventure Partners Federation Bio $50M South San Francisco, CA-based microbial therapeutics startup
Accel, D1 Capital Partners, Luxor Capital, Softbank Vision Fund GoPuff $380M Philadelphia, PA-based delivery startup for convenience store items
Index Ventures, Bain Capital Ventures, Firstminute Capital Grid AI $18.6M New York-based machine learning startup
Valiant Peregrine Fund, D1 Capital Partners Instacart $200M San Francisco, CA-based grocery delivery company
Sequoia Capital, Human Capital, Future Positive, Goldman Sachs, Mubadala, Scrum Ventures Mmhmm $21M San Francisco Bay-based virtual camera application used to create virtual rooms, backdrops, and presentations during video conferencing calls
DFJ Growth, Vivo Capital, Mithril Capital Management, Norwest Venture Partners, Section 32, Fred Moll Neocis $72M Miami, FL-based developer of dental surgery robots
Sutter Hill Ventures Observe $35M San Mateo, CA-based SaaS observability startup
CDPQ, NightDragon, .406 Ventures, LLR Partners, Arsenal Venture Partners Onapsis $55M Boston, MA-based application cybersecurity and compliance company
CarVal Investors, CBRE, Engie New Ventures, Evergy Ventures, Linse Capital Redaptive $157M San Francisco, CA-based provider of energy efficiency-as-a-service solutions
Andreessen Horowitz Scribe Therapeutics $20M CRISPR-based genetic medicine startup co-founded by Jennifer Doudna
Accel, Initialized Capital, VMG Partners, YC Shogun $35M Palo Alto, CA-based e-commerce experience platform
Insight Partners, Mayfield, Trilogy Equity Partners, Shasta Ventures Skilljar $33M Seattle, WA-based customer education platform
Durable Capital Partners, Greenoaks Capital, 01 Advisors Tipalti $150M San Mateo, CA-based accounting automation company
BlackRock, Eldridge, Fin VC, HPE, Schonfeld Strategic Advisors, Advent International’s Sunley House, CapitalG, Goldman Sachs, Broadridge Financial Solutions, Aquiline Tech Growth Unqork $270M New York-based no-code enterprise app platform
Arch Venture Partners, UCB Ventures Walden Biosciences $51M Cambridge, MA-based biotech focused of kidney disease

October 14th, 2020|Scherzer Deal Report|

The Scherzer Deal Report: September 26 – October 2, 2020

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.

PE and VC Firms Fundraising Location Amount Description
Advent International Boston, MA $2B Seventh Latin America-focused fund
Bullpen Capital San Francisco, CA $130M Fifth fund
H.I.G. Capital Miami, FL $1.3B Sixth flagship fund focused on lower mid-market buyouts
SaaS Ventures Bethesda, MD $20M Second fund
Silversmith Capital Partners Boston, MA $880M Third fund

Private Equity Investors Company  Amount Description
Brand Velocity Partners BBQGuys Undisclosed Baton Rouge, LA-based e-commerce site for barbeque grills and related products
Partners Group Cote Restaurants Undisclosed British chain of French-style restaurants
Dyal Capital Partners CrossHabor Capital Partners Undisclosed Boston, MA-based alt assets firm
The Riverside Company G&A Partners Undisclosed Houston, TX-based PEO and HRO provider
Investindustrial, Black Diamond Capital Hexion PSR $425M Columbus, OH-based maker of specialty phenolic resins, engineered thermoset molding compounds and formaldehyde
TA Associates Netwrix Undisclosed Irvine, CA-based cybersecurity vendor
Snow Phipps Prototek Undisclosed Contoocook, NH-based provider of rapid prototyping services
Roark Capital ServiceMaster Brands $1.1B Memphis, TN-based provider of residential and commercial restoration and cleaning services
Mubadala Silver Lake Undisclosed Menlo Park, CA and New York-based tech-focused private equity firm
Greenbriar Equity  Uber Freight $500M San Francisco, CA-based logistics arm of Uber Technologies 

Venture Capital Investors Company  Amount Description
Canaan Partners, Ten Eleven Ventures, Cyberstarts Axis Security $32M San Mateo, CA-based zero-trust access startup
General Catalyst, Revolution Ventures, Ludlow Ventures Bloomscape $15M Detroit, MI-based online garden retailer
ACME, Blockchange, Pantera, Multicoin, Variant Braintrust $18M San Francisco, CA-based freelance talent platform
Volition Capital, Egis Capital, RiverPark Ventures, Stifel Venture Bank ButterflyMX $35M New York-based smart intercom developer for building tenants
Aperture Venture Partners, Arboretum Ventures, Hostplus, Life Sciences Partners, Lumira Ventures, M. H. Carnegie & Co.  Cardiac Dimensions $17.5M Kirkland, WA-based developer of treatments for functional mitral regurgitation
Amgen , Column Group, Horizons Ventures Carmot Therapeutics $47M Berkeley, CA-based biotech focused on metabolic diseases
Red Dot Capital Partners, O.G. Tech Ventures, Aleph VC, StageOne Ventures, Janvest Capital Partners, 2B Angels Coralogix $25M San Francisco, CA-based log management startup
Arch Venture Partners, Maverick Ventures, Bellco Capital, Bayer, EcoR1 Capital, Polaris Partners, Samsara BioCapital, Innovation Endeavors Dewpoint Therapeutics $77M Cambridge, MA-based drug discovery startup focused on biomolecular condensates
Warburg Pincus Facet Wealth $25M Baltimore, MD-based provider of financial planning benefits for employees
Lego Ventures, Sesame Workshop, 3One4 Capital, Trustbridge Partners, Interlock Partners Homer $50M Menlo Park, CA-based developer of spatial proteomics
Sam Altman, Lachy Groom, Marc Benioff, Valia Ventures, Plexo Capital, Kindred Ventures Humane $30M San Francisco, CA-based stealthy consumer tech startup from a pair of former iPad developer
Samsara BioCapital, Bruker Corp., Genoa Ventures, ND Capital, Paladin Partners Investments, Norwich Ventures, Vertical Venture Partners IONpath $18M Menlo Park, CA-based developer of spatial proteomics
Spring Mountain Capital, McKesson Ventures, Novartis, MBX Capital, Merck, Waterline Ventures Koneksa $16M New York-based developer of digital biomarkers for drug development
Pernod Ricard Group, Fat Mike, Velvet Sea Ventures Liquid Death $23M Santa Monica, CA-based canned water startup
Insight Partners PayCargo $35M Coral Gables, FL-based payments network for global supply chains
Upfront Ventures, Porsche Ventures, Raptor Group, Global Brain, Relay Ventures, Alexis Ohanian Rally $17M New York-based fractional investing platform for unique collectibles
Ohio Innovation Fund ScriptDrop $15M Columbus, OH-based prescription delivery platform
Permira, Ameriprise Financial, EDBI, Jackson Square Ventures, Lightspeed Venture Partners, T. Rowe Price Seismic $92M San Diego, CA-based sales process automation company
SoftBank Vision Fund, Menlo Ventures, Bain Capital Ventures, Hyde Park Venture Partners, Hyde Park Angels, YC ShipBob $68M Chicago, IL-based e-commerce fulfillment startup
GV, Juxtapose, Redpoint, Tiger Global, Zigg Capital, Good Friends Tend $37M New York-based dental practice startup
Tiger Global, Lone Pine Capital, Constellation, Endeavour Catalyst, SoftBank VTEX $225M New York-based provider of e-commerce solutions for retailers and brands
SoftBank, PICC Capital, Morningside VC, Tencent, Sequoia Capital China, China Life, SIG XtalPi $319M Cambridge, MA-based AI-based drug molecule designer

October 6th, 2020|Scherzer Deal Report|

The Scherzer Deal Report: September 21-27, 2020

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.

PE and VC Firms Fundraising Location Amount Description
Kindred Capital London, England £81 m Second fund
L Squared Capital Partners Newport Beach $500M Third growth equity fund
Longitude Capital Boston, MA and Greenwich, CT $585 m Fourth fund

Private Equity Investors Company  Amount Description
KKR 1-800 Contacts Undisclosed Draper, Utah-based contact lens retailer
Thomas H. Lee Partners, Frazier Healthcare Partners Adare Pharma Undisclosed Lawrence Township, NJ-based specialty contract development and manufacturing organization
Gridiron Capital AML RightSource $426.5M Cleveland, OH-based outsourced provider of anti-money laundering and financial crime compliance software
Polaris Partners ARInsights Undisclosed Florida-based provider of SaaS to the analyst relations market
Vector Capital  Patron Undisclosed Wexford, PA-based provider of live and virtual event technology solutions
Odyssey Investment Partners ProPharma Undisclosed Overland Park, KS-based provider of compliance-related pharma services
TCG SketchyMedical $30M Los Angeles, CA-based online medical education company that leverages visual memory techniques
Palladium Equity Partners Trachte USA Undisclosed Oregon, WI-based provider of engineered buildings and hardware for housing electrical and other equipment
The Carlyle Group TriNetX Undisclosed Cambridge, MA-based health research network
The Orogen Group Westcor Undisclosed Maitland, FL-based land title insurance company
Microsoft ZeniMax Media $7.5B Rockville, MD-based parent company of game publishers like Bethesda

Venture Capital Investors Company  Amount Description
Group 42,  BP Ventures Beyond Limits $113M Los Angeles, CA-based industrial AI company
T. Rowe Price, Tiger Global, NEA, Bessemer Venture Partners, Greenspring Associates Bright Health $500M Minneapolis, MN-based health plan startup
Wilshire Lane Partners, Hanaco, Norwest Venture Partners, 8VC, Maveron Common $50M New York-based co-living company
D1 Capital Partners  Goat $100M Los Angeles, CA-based online and physical reseller of collectible sneakers
Canapi Ventures, TTV Capital, Bond, DST Global, Goodwater Capital, Fin VC, Relay Ventures Greenlight Financial $215M Atlanta, GA-based provider of a fintech app and debit card for kids
Goodwater Capital, Founders Fund, Floodgate, Raine Ventures IRL $16M San Francisco, CA-based event discovery startup
Boehringer Ingelheim Venture Fund, Epidarex Capital, Santé Ventures, Yonjin Venture, Dolby Family Ventures, Sixty Degree Capital Libra Therapeutics $29M San Diego, CA-based biotech focused on ALS and other neurodegenerative diseases
Aisling Capital, HBM Healthcare Investments, Cormorant Asset Management, GV, Amzak Health, Casdin Capital, Sixty Degree Capital, Cambridge Asset Management, NEA Monte Rosa Therapeutics $96M Boston, MA-based developer of precision medicines to degrade disease-causing proteins
CapitalG, Munich Re Next Insurance $250M Palo Alto, CA-based digital insurer for small businesses
FP Credit, Oak HC/FT, IA Capital Group NextCapital $30M Chicago, IL-based digital service for retirement planning
Arch Venture Partners, Bluebird Ventures Nutcracker Therapeutics $60M Emeryville, CA-based developer of mRNA therapeutics
Mithril Capital, Marvell, BlackRock, Fidelity, Temasek, Atlantic Bridge, Redline Capital,  Capricorn Investment Group, Dell Technologies Capital, Mayfield, Nepenthe, WRVI Capital Nuvia $240M Santa Clara, CA-based chip design startup
Lightspeed Venture Partners, Reach Capital, USV, SV Angel, FundersClub, YC Outschool $45M San Francisco, CA-based live video platform for online classes
Samsara BioCapital, Roche Venture Fund, Medicxi, Osage University Partners Palladio Biosciences $20M Horsham, PA-based drugmaker focused on orphan kidney diseases
Valar Ventures, Rosecliff Ventures, Afore Capital, RiverPark Ventures, Great Oaks VC, GR Capital, Nelstone Ventures, Abstract Ventures, Ride Ventures, Gramercy Fund, Adventure Collective, Starta Ventures Petal $55M New York-based credit card startup
Josh Buckley, Sequoia Capital Global Equities, Sozo Ventures, Caffeinated Capital, KSK Angel Fund, Mistletoe Singapore, Digital Garage, Will Smith’s Dreamers, Makers Fund Playco $100M Tokyo- and San Francisco-based mobile gaming startup
Andreessen Horowitz, Sequoia Capital, DST Global, Ribbit Capital, 9Yards Capital, D1 Capital Partners Robinhood $460M Menlo Park, CA-based no-fee digital brokerage
Warburg Pincus Salsify $155M Boston, MA-based commerce experience platform for brands
Foxconn, Corning, E Ink, GIS, MRI SigmaSense $22M Austin, TX-based developer of touch screen performance tech
EcoR1 Capital, Boxer Capital, Fidelity, Nantahala Capital, RA Capital, OrbiMed, USVP, Nextech Invest, Hunt Tech Ventures, Pontifax Silverback Therapeutics $85M Seattle, WA-based developer of immune-modulating drug conjugates
DST Global, Dragoneer, Franklin Templeton SpotOn $60M San Francisco, CA-based provider of payments solutions for SMB
Amazon Climate Fund, Meson Capital, BMW iVentures, JLL Spark, Wind Ventures, Future Shape Turntide Technologies $33M Sunnyvale, CA-based developer of “sustainable” electric motors
NEA and Meritech Capital Partners, Lightstone Ventures,  Perceptive Advisors Willow $55M Mountain View, CA-based maker of wearable breast pumps
Insight Partners, Silversmith Capital Partners Within3 $100M Lakewood, OH-based life sciences collaboration platform

September 29th, 2020|Scherzer Deal Report|

The Scherzer Deal Report: September 11-18, 2020

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.

PE and VC Firms Fundraising Location Amount Description
Black Unicorn Factory Miami, FL $225M Startup accelerator
Conductive Ventures Palo Alto, CA $150M Second fund
Greenfield Partners Tel Aviv, Israel $150M First fund
Greylock Menlo Park, CA $1B Sixteenth flagship VC fund
KKR New York, NY $11B Fourth Asia-focused fund
Mantis Silicon Valley, CA $35M Debut fund

Private Equity Investors Company  Amount Description
Nvidia Arm c. $40B British chip design firm
JMI Equity Bloomerang Undisclosed Indianapolis, IN-based provider of nonprofit donor management software
Peak Rock Capital Halo Foods Undisclosed U.K.-based maker of cereal bars and other snacks
Highlander Partners Hilo Nutrition Undisclosed Columbus, OH-based maker of pre-workout gummies
Thomas H. Lee Partners Insurance Technologies Undisclosed Colorado Springs, CO-based provider of sales and regulatory automation software to the insurance and financial services industries
Oxford Properties Group, D1 Capital Partners, BentallGreenOak Lineage Logistics $1.6B Colton, CA-based cold storage company
Sun Capital Partners Mancini’s Sleepworld Undisclosed Livermore, CA-based mattress retailer
Warburg Pincus MLM II c. $1B New York-based information services and software platform
Spectrum Equity, Blue Venture Fund, Sandbox PWNHealth Undisclosed New York-based provider of diagnostic testing enablement solutions
GI Partners Sectigo Undisclosed Roseland, NJ-based provider of automated digital identity management and web security solutions
The Carlyle Group Victory Innovations Undisclosed Minneapolis, MN-based maker of high-tech electrostatic sprayers used to disinfect offices, airplanes, and schools
Baring Private Equity Asia Virtusa c. $2B Southborough, MA-based IT consultant
KKR Zwift $450M Long Beach, CA-based indoor cycling and running platform
Clearlake Capital Group Zywave Undisclosed Milwaukee, WI-based SaaS provider of front office insurance solution

Venture Capital Investors Company  Amount Description
Merck Global Health Innovation Fund, Escalate Capital, Peloton Equity, Hamilton Lane, Flexstone Partners, Wave Equity Partners AeroSafe Global $47.5M Rochester, NY-based cold-chain-as-a-service company
GIC, Durable Capital Partners, Lightspeed Venture Partners, Wellington Management, Baillie Gifford, Spark Capital, Founders Fund, Fidelity Affirm $500M San Francisco, CA-based credit card alternative
Thrive Capital, D1 Capital, Benchmark, Coatue Management, Caffeinated Capital, CRV Airtable $185M San Francisco, CA-based coding platform
Canapi Ventures, Felicis Ventures, Avid Ventures, Bessemer Venture Partners, Primary Venture Partners, Eniac Ventures Alloy $40M New York-based identity operating system for financial services
Caisse de dépôt et placement du Québec, JPMorgan, Inovia Capital, Mithril Capital AppDirect $185M San Francisco, CA-based subscription commerce platform
VenBio Partners Attralus $25M San Francisco, CA-based biotech focused on systemic amyloidosis
Torch Capital, Crosscut Ventures, and individual investors Boosted Commerce $87M Los Angeles, CA-based e-commerce brand portfolio
Lewis & Clark AgriFood Brightseed $27M San Francisco, CA-based developer of phytonutrient discovery tech
San Francisco Equity Partners BrüMate $20M Fort  Lauderdale, FL-based DTC provider of insulated drinkware for adult beverages
General Catalyst, EA, PUBG, mixi, Take-Two Interactive, Ubisoft, Supercell, Riot Games, Miniclip, COLOPL, LVP, Northzone, Streamlined Ventures, Konvoy Ventures, OneTeam Ventures, Velo Partners, Golden Venture Partners, Alven Capital Partners Bunch $20M New York-based party app for multiplayer games
Tritium Partners, investors Altos Ventures, Azure Capital, OATV Chairish $33M San Francisco, CA-based online marketplace for home furnishings
DST Gloal, Aspect Ventures, Menlo Ventures Chime $485M San Francisco, CA-based U.S. challenger bank
Georgian Partners, Bessemer Venture Partners, Insight Partners Devo Technology $60M Cambridge, MA-based big data analytics platform
SanofiVentures, Cowen Healthcare Investments, Redmile Group, Perceptive Advisors, The Column Group, 5AM Ventures, Osage University Partners Escient Pharmaceuticals $77.5M San Diego, CA-based biotech focused on neuro-immuno-inflammatory and autoreactive diseases
Baupost Group, Humboldt Fund, MSD Capital, MSD Partners, Octave Group, OMX Ventures, Avenir Growth Capital, OCV Partners, Shumway Capital, SIG, SymBiosis, TPTF, Willett Advisors Finch Therapeutics $90M Somerville, MA-based microbiome drug development company
Versant Ventures led, and was joined by Samsara BioCapital Graphite Bio $45M San Francisco, CA-based gene editing startup focused on sickle cell disease
The Column Group, Two Sigma Ventures, 8VC Hexagon Bio $47M Menlo Park, CA-based synthetic biology platform
Blackhorn Ventures, Tenfore Holdings, Fontinalis Partners, Airbus Ventures, Lockheed Martin Ventures, Presidio Ventures Humatics $30M Waltham, MA-based developer of microlocation sensors for industrial robots
Bain Capital Ventures, Rain Capital, LifeOmic JupiterOne $19M Indianapolis, IN-based cyber asset management automation startup
Wu Capital, Qiming Venture Partners USA, Surveyor Capital, Cormorant Asset Management, MP Healthcare Venture Management, Alexandria Venture Investments, Atlas Ventures, NEA Korro Bio $91.5M Cambridge, MA-based developer of RNA editing therapies
Partech, Maor Investments, YL Ventures, USVP,  Blumberg Capital Medigate $30M Israel and New York-based security and asset management platform for connected care
Insight Partners, Grant Verstandig, Root Ventures, Canaan Partners, DCVC, Haystack nTopology $40M New York-based 3D printing platform for manufacturing
General Catalyst, Drive Capital, Ascension Ventures, Oak HC/FT, SVB Capital Olive $106M Columbus, OH-based provider of health care administration automation software
Matrix Capital Management, Surveyor Capital, SR One, Pfizer Ventures, Vertex Ventures HC, Takeda Ventures, AbbVie Ventures Palleon Pharmaceuticals $100M Waltham, MA-based developer of cancer checkpoint drugs
Lennertz & Co RapidAI $25M San Mateo, CA-based provider of neuroimaging tech for strokes
GV, Deerfield Management, City Light Capital, Town Hall Ventures, Frist Cressey Ventures Ready $54M New Orleans, LA-based provider of on-demand home health care services
Norwest Venture Partners, State Farm Ventures, Atomic, Bloomberg Beta, Costanoa Ventures Replicant $27M San Francisco, CA-based developer of voice chat bots
EQT Ventures, FAM AB Seeqc $22.4M Elmsford, NY-based quantum computing startup
Canaan Partners, Samsara BioCapital, The Column Group Synthekine $82M Menlo Park, CA-based engineered cytokine therapeutics startup
Sapphire Sport, Shasta Ventures, Mayfield, Evolution Media, THVC, L Catterton, Delta-v Capital, Amazon Alexa Fund, Mousse Partners, and individual investors Tonal $110M San Francisco, CA-based connected at-home strength and personal training platform
Truist Ventures Veem $31M San Francisco, CA-based business payments network
Icon Ventures, Harpoon Ventures, Merck Global Health Innovation Fund, Lightspeed Venture Partners, YC Volansi $50M San Francisco, CA-based developer of long-range delivery drones

September 22nd, 2020|Scherzer Deal Report|

Pre-Employment Screening during the Pandemic

It is a standard practice for employers to run background checks on potential new hires. Such checks help employers protect their company by learning about the trustworthiness of the candidate through their financial, criminal, and driving records and education and employment verifications. But the pandemic has affected the operations of many institutions worldwide. From court closures to remote college campuses, it may be more difficult for the screening provider to check a criminal record or verify an educational background. Nonetheless, the possibility of delay should not cause employers to lower the standards of their screening policies.

The most important reason why an employer should not temporarily waive certain parts of a background check is because it may make it harder to justify its necessity in the future. For example, say a court is closed and is unable to provide information on candidates’ criminal history. Because of this, an employer who is anxious to add the new hire to the frontline chooses to waive the criminal check requirement. Well, when a court begins to provide legal information again and an employer decides to reinstate the criminal check requirement, the employer could face compliance issues.

Under current anti-discrimination laws, namely Title VII of the Civil Rights Act of 1964, employers must demonstrate that its hiring practices are “job related” and “consistent with business necessity.” But if an employer chooses to forgo the criminal checks during the pandemic and wishes to reinstate them later, they may be violating this law. Since the criminal check was once suspended, one could argue that the practice was not job related or that it was not a business necessity. Furthermore, streamlining the employment screening process by waiving certain aspects could lead an employer to overlook valuable insight into a candidate’s character. Therefore, while a shorter background check program during the pandemic could bring short-term benefits, it runs significant long-term risks.

So, what are your options?

We have outlined up two possible avenues available to employers during these times.

Hire now (but reserve the right to run future background checks)

If a company is in a position in which new hires are urgently needed, they may hire the candidates based on the information available to them at the time of the background check and reserve the right to conduct additional background checks post-hire, once information providers resume to normal operations. But if an employer takes this route, they must clearly communicate with both their background check provider and the new hire.

They should work with the background check provider to take note of those candidates whose checks are not yet completed so that the provider can easily revisit the report in the future. Employers should also make it clear in an employee’s offer letter that the offer of employment is contingent upon the successful completion of a background check that may occur at a later date.

Delay the hire

For employers who are required by law to complete background checks prior to a new hire’s start date, they may have to delay the worker’s start date. But whether a background check provider can access the required information for an employment screen depends on the location of the various sources of information, from the courthouses to the educational institutions.

All in all, although background checks may take longer during the pandemic, they are, especially now, critical to manage your risk. With the rising number of job seekers and the remote workforce, companies must do what they can to ensure that they are hiring qualified professionals who will be valuable additions to the company.

September 10th, 2020|Employment Decisions|

The Scherzer Deal Report: August 31 to Sep 4, 2020

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.

PE and VC Firms Fundraising Location Amount Description
Owl Ventures San Francisco, CA $585M $415 million for its fourth early stage fund and $170 million for its first opportunity fund
Xfund Palo Alto, CA $120M Third fund

Private Equity Investors Company  Amount Description
Thoma Bravo Foundation Software Undisclosed Strongville, OH-based provider of construction accounting and payroll software
Trinity Hunt Partners MainStreet Family Urgent Care Undisclosed Birmingham, AL-based urgent care provider
TCV Oversight Undisclosed Atlanta, GA-based spend management platform
Providence Strategic Growth Semarchy Undisclosed San Francisco, CA-based provider of master data management software
Roark Capital  US Sports Camps Undisclosed San Rafael, CA-based operator of over 1,200 youth sports camps across the United States

Venture Capital Investors Company  Amount Description
SoftBank Vision Fund 2 Biofourmis $100M Boston-based maker of wearable biosensors
Hollyport Capital,  Providence Strategic Growth, Toba Capital, Savano Capital Partners Conversica $20M Foster City, CA-based provider of intelligent virtual assistants
Tiga Investments, OTB Ventures, TDJ Pitango Cosmose $15M New York-based data analytics platform for physical retail customer behavior
Partner Fund Management, OrbiMed Erasca $236M San Diego, CA-based precision oncology startup
NewSpring Growth Fashionphile $38.5M Carlsbad, CA-based online resale marketplace for luxury handbags and jewelry
Owl Ventures, Bain Capital Ventures, Uprising, UCSF Foundation Investment Co., Centene Corp Hazel Health $33.5M San Francisco, CA-based provider of telemedicine services to public school students
Caffeinated Capital, Mubadala, Accenture Ventures, Arbor Ventures, Felicis, Ridge Ventures, Bloomberg Beta, Team Builder Ventures InCountry $18M San Francisco, CA-based data residency-as-a-service startup
Stripes Group, Workday Ventures Legion Technologies $22M Redwood City, CA-based workplace management platform
WestRiver Management, Bioeconomy Capital, Avista Development, Columbia Pacific Lumen Bioscience $16M Seattle, WA-based developer of biologic drugs for enteric diseases
Accelmed Partners, Revelation Partners, Soleus Capital, KCK Group, OrbiMed NeuroPace $33M Mountain View, CA-based developer of a neurostimulator for the treatment of focal onset refractory epilepsy
NEA, Wellington Management, Lone Pine, Glade Brook Capital, Thrive Capital, DFJ Growth, Index Ventures Patreon $90M San Francisco, CA-based online patronage platform for artists
Reckitt Benckiser, The Craftory, Straus Group, Emerson Group, Sawaya Capital Pharmapacks $40M e-commerce seller of health and beauty products
 Felicis Ventures, Amplify Partners PicnicHealth $25M San Francisco, CA-based medical records access platform
Adage Capital Management, Averill Master Fund, J.W. Childs Associates Pyramid Biosciences $28M Waltham, MA-based developer of precision therapies focused on the modulation of cell surface receptors
Fidelity Shine Medical $80M Janesville, WI-based medical isotopes producer
Altimeter Capital,  Sutter Hill Ventures, SignalFire, Unusual Ventures Transposit $35M Palo Alto, CA-based platform for helping engineers build disaster recovery runbook

September 10th, 2020|Scherzer Deal Report|

The Scherzer Deal Report: Aug 24-30, 2020

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.

PE and VC Firms Fundraising Location Amount Description
March Capital Santa Monica, CA $60M Gaming-focused fund

Private Equity Investors Company  Amount Description
KKR Citation Group Undisclosed British provider of subscription-based HR/employment law and health/safety services to SMEs
Brookfield Infrastructure Cheniere Energy $7B Houston, TX-based liquefied natural gas producer
MidOcean Partners Music Reports Undisclosed Woodland Hills, CA-based provider of music rights data and management services
Accel-KKR Navtor Undisclosed Norwegian provider of navigational software for the maritime industry
Kohlberg & Co., Mubadala Investment Co. PCI Pharma Services Undisclosed Philadelphia, PA-based provider of pharma supply chain solutions
Mill Rock Capital Trojan Lithograph Undisclosed Renton, WA-based maker of folding cartons and single-face laminate packaging
TPG, Warburg Pincus Visma Undisclosed Norwegian enterprise software company

Venture Capital Investors Company  Amount Description
RA Capital Management, Lilly Asia Ventures, Boxer Capital, HBM Healthcare Investments, Qiming Venture Partners Connect Biopharma $115M China and San Diego-based developer of therapies for autoimmune diseases and inflammation
Stripes Group, Tiger Global Management Dataiku $100M New York-based Enterprise AI and machine learning platform
Lightspeed Venture Partners, American Express Ventures Finix $30M San Francisco-based payments infrastructure platform
Bain Capital Life Sciences, Perceptive Advisors, Fidelity, Janus Henderson, Farallon Capital Management, Rock Springs Capital, Cormorant Asset Management, EcoR1, Catalio Capital, the Colorectal Cancer Alliance, RA Capital Management, T. Rowe Price, BrightEdge Ventures, Sands Capital, Andreessen Horowitz, DCVC, GV, Kaiser Permanente Ventures, Novartis, Polaris Partners, Roche Venture Fund, Soleus Capital, Section 32 Freenome $270M South San Francisco-based developer of early colorectal cancer testing via blood draw
Bill Gates Kymeta $85.2M Redmond, WA-based developer of satellite communication antennas and systems
Addition, Adams Street Partners, Howard Schultz, Casdin Capital, Glynn Capital, Greylock Partners, IVP, Meritech Capital Partners, Providence Ventures, Tenaya Capital Lyra Health $110M Burlingame, CA-based provider of mental health care benefits for employers
GMAG Holdings Motiv Power Systems $15M Foster City, CA-based maker of electric truck chasses
Insight Partners, Tiger Global, Slack Fund, World Innovation Lab, Gradient Ventures Mural $118M San Francisco-based provider of digital workspaces for enterprise visual collaboration
Bayer One Drop $34.7M New York-based provider of digital solutions for people living with diabetes
HLM Venture Partners, Commonfund, Vivo Capital, Toba Capital, Transformation Capital, SVB PatientPop $50M Santa Monica, CA-based online marketing platform for medical practice
Bain Capital Ventures, TCV,  Francisco Partners, Dell Technologies Capital, Goldman Sachs, Viola Ventures Redis Labs $100M Mountain View, CA-based open source database
KKR, Ten Eleven Ventures, Brian Murphy ReliaQuest $300M Tampa, FL-based enterprise cybersecurity managed service and intelligence platform
Sapphire Ventures, Insight Partners Restream $50M Austin, TX-based startup focused on streaming to multiple platform
Bessemer Venture Partners, Index Ventures, e.ventures, I2BF Shopmonkey $25M San Jose, CA-based SaaS startup focused on auto repair shops
Sorenson Venturesled, Citi Ventures, Wells Fargo, MVB Financial, Commerce Ventures, Scale Venture Partners, Flint Capital Socore $35M New York-based identity verification startup
St. Baker family office Songtradr $30M Santa Monica, CA-based music licensing platform
Comcast Ventures, 01 Advisors, M12, Atlassian, ServiceNow, Accel, Lightspeed Venture Partners, Harmony Venture Partners Split $33M Redwood City, CA-based feature delivery platform
Bayer, Northpond Ventures, Oceanpine Capital, Viva Biotech Holdings, Bloom Burton & Co., Centre for Commercialization of Cancer Triumvira Immunologics $55M Austin, TX-based cancer therapies developer

September 1st, 2020|Scherzer Deal Report|

The Scherzer Deal Report: July 24-30, 2020

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.

PE and VC Firms Fundraising Location Amount Description
Adams Street Partners Chicago, IL $1.1B New private credit fund
Gallant Capital Los Angeles, CA $378M Debut fund

Private Equity Investors Company  Amount Description
WindRose Health Investors Caregiver Undisclosed Fort Worth, TX-based provider of long-term care services to people with intellectual and developmental disabilities
Gemspring Capital Cforia Software Undisclosed Westlake Village, CA-based provider of order-to-cash automation software
Clayton, Dubilier & Rice  Cheney Bros Undisclosed Family-owned food distributor serving the Southeastern United States
Tenex Capital Management Consolidated Label Undisclosed Sanford, FL-based provider of custom-printed, pressure-sensitive labels and shrink sleeves
Berkshire Partners CrossFit Undisclosed Washington, DC-based fitness brand
TA Associates and Francisco Partners Edifecs Undisclosed Bellevue, WA-based provider of health care IT solutions
Core Industrial Partners Incodema Undisclosed Merger of Incodema – an Ithaca, NY-based precision sheet metal engineering firm, and Newchem, a Newark, NY-based photo chemical etching manufacturer
Crestview Partners Upwell Water Undisclosed San Francisco, CA-based specialty finance firm focused on the water market
TowerBrook Capital Partners Validity Finance $100M New York-based commercial litigation firm

Venture Capital Investors Company  Amount Description
MSD Partners BioTheryX $35M San Diego, CA-based biotech focused on restoring protein homeostasis
Versant Ventures Bright Peak Therapeutics $35M San Diego, CA-based biotech focused on chemically synthesizing and optimizing proteins
Pitango Growth, Square Peg Capital ClimaCell $23M Boston, MA-based weather intelligence platform
Kleiner Perkins, 01 Advisors, Upfront Ventures, Founders Fund, Ludlow Ventures, Launch, DTA, Alex Rodriguez, LBC Ventures, Julia and Kevin Hartz, Cyan and Scott Banister Density $51M San Francisco, CA-based startup that measures indoor headcount
Gilde Healthcare, Longitude Capital, NEA, the Charles and Helen Schwab Foundation, Nan Fung Life Sciences Eargo $71M San Jose, CA-based medical device startup focused on hearing loss
Accel, Glilot Capital Partners, Norwest Venture Partners, Target Global Ermetic $17.3M Palo Alto and Tel Aviv-based cloud access risk security startup
Zeev Ventures, Dynamic Loop, Emerge, F2 Capital Explorium $31M San Mateo, CA-based data science startup
PXV Fund, Drive Capital Forge Biologics $40M Columbus, OH-based viral vector gene therapy startup
Kayne Partners, 8VC, Fontinalis Partners, Revolution Ventures, Hearst Ventures, Prologis Ventures, Story Ventures, Engage Ventures FreightWaves $37M Chattanooga, TN-based freight data startup
CPT Capital, WTT Investment Geltor $91.3M San Leandro, CA-based animal-free “ingredients-as-a-service” startup
Humana Heal $100M Los Angeles, CA-based physician house call and telemedicine platform
Canaan Partners, Stanford StartX, Root Ventures, Eclipse Ventures, First Round Capital Instrumental $20M Palo Alto, CA-based computer vision startup focused on detecting manufacturing anomalies
Frazier Healthcare Partners, OrbiMed, NEA, IU PhV, BioCrossroads, Twilight Venture Partners MBX Biosciences $34.6M Carmel, IN-based biotech focused on rare endocrine diseases
Argentum, Breakwater Mediant, Compo Seven Capital, Mathers Associates, First Analysis Corp Mediant $18.5M New York-based investor communications platform
The Column Group, Samsara BioCapital, Euclidean Capital Nura Bio $73M San Francisco, CA-based developer of neuroprotective drugs
Flagship Pioneering Omega Therapeutics $85M Cambridge, MA-based epigenomics startup
Eventide Asset Management, Avoro Capital, Surveyor Capital, Point72, Cormorant, Qatar Investment Authority, Irving Investors, Adage Capital Management, Verition Fund Management, Ample Plus Fund, Vida Ventures, Novo Holdings, Blackstone Life Sciences, OCV Partners Praxis Precision Medicines $110M Cambridge, MA-based biotech focused on CNS disorders
Energy Impact Partners, Paladin Capital Group, Cisco Investments Rangeforce $16M Manassas, VA-based cybersecurity training startup
PayU, DN Capital, Generation Investment Management, Owl Rock Capital, Princeville, Stripes, Threshold Ventures, Top Tier Capital Remitly $85M Seattle, WA-based digital remittance company
General Catalyst, The Chernin Group, FirstMark Capital, Torch, SignalFire, TQ Ventures, Initialized Capital, 3L, BoxGroup Ro $200M New York-based DTC pharmacy focused on men’s health
BlackRock, Deerfield Management, Moore Capital Sema4 $120M Stamford, CT-based health intelligence company
GIC, Silver Lake Waterman, Andreessen Horowitz, Index Ventures, Spark Capital, USV Stack Overflow $85M New York, NY-based coding Q&A site
Norwest Venture Partners, General Catalyst Tempo $60M Connected home gym startup
Casdin Capital, Section 32, Bain Capital Life Sciences, Brown Advisory, Driehaus Capital, Intermountain Ventures, Janus Henderson Investors, Lux Capital, Moore Strategic Ventures, Perceptive Advisors, Rock Springs Capital, Sands Capital, T. Rowe Price Thrive Earlier Detection $257M Cambridge, MA-based early cancer detection startup
Khosla Ventures, Centana Growth Partners True Link Financial $35M San Francisco, CA-based provider of digital financial services targeting retirees
CoVenture, GPS Partners, Golden Ventures, Sweet Capital Wave.tv $32M Los Angeles, CA-based interactive sports media platform

July 31st, 2020|Scherzer Deal Report|

Client Alert: EU Court of Justice Invalidates the EU-US Privacy Shield

An important and unexpected ruling was handed down by the Court of Justice of the European Union (CJEU) on July 16, 2020, in Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (“Schrems II”) that invalidates the EU-U.S. Privacy Shield (“Privacy Shield”) arrangement. Since 2016, the Privacy Shield provided U.S. companies with a mechanism to comply with the General Data Protection Regulation (GDPR) requirements when transferring personal data from the European Union to the U.S.

What this means

Now companies that subscribed to the Privacy Shield must find another GDPR-compliant solution for the transfer of data. The European Data Protection Board indicated in its July 23, 2020 FAQs that it will not be providing a grace period as the authorities had done for the EU-U.S. Safe Harbor (“Safe Harbor”) framework following the “Schrems I” decision.

Notably, the CJEU’s decision expressly stated that the standard contractual clauses (SCCs) previously promulgated by the European Commission (EC) are still a valid tool for data transfers from the EU to the United States. The SCCs are sets of contractual terms and conditions that the controller and the processor of the data both execute to comply with GDPR’s requirements.  However, the CJEU’s decision does not give blanket approval to the SCCs–the decision acknowledged that future challenges to SCCs are permissible by the local data enforcement agency for any EU-member state. For example, an EU-member state might prohibit or suspend exports of personal data from its country under SCCs, if the member state concludes that the SCCs are not or cannot be complied with in the recipient third country (such as the U.S.) because of the member state’s local legal requirements.

The CJEU did not directly reference binding corporate rules (‘BCRs’) which are used for intragroup data transfers and require prior approval of the competent data protection authority. For now, this means that BCRs remain a valid transfer mechanism under the GDPR as BCRs are of a similar nature to  SCCs (both are considered an “appropriate safeguard” pursuant to Article 46 GDPR).

For some situations, an alternative is to look to the narrow derogations under Article 49 of the GDPR, such as to perform a contract or base the transfer on the subject’s explicit consent.  

What happens next

When the adequacy of the Safe Harbor was invalidated by the CJEU in 2015, the U.S. Department of Commerce (DOC) and the EC had already been negotiating for an updated trans-Atlantic program for many months. With Schrems II, and although the DOC and EC have indicated that lines of communication are open, the discussions are not nearly as advanced. And the issues cited by the CJEU in Schrems II may require some form of legislative and not merely an administrative action to address. As such, the process to revamp the Privacy Shield is unlikely to be concluded any time soon.  

The DOC, in a press release in response to the CJEU’s decision, and later in its updated Privacy Shield FAQs, stated that it will continue to administer the Privacy Shield program, including processing submissions for self-certification and re-certification and maintaining the participants’ list. The DOC emphasized that the CJEU’s decision “does not relieve participating organizations of their Privacy Shield obligations.”

The UK’s Data Enforcement Agency also issued a statement advising companies to continue using the Privacy Shield until new guidance becomes available but added that companies “do not start using the Privacy Shield during this period.”

Stay tuned for more regulatory guidance and other developments in the next few weeks.

Disclaimer: This is not legal advice. The resources and information provided here are for educational purposes only. Consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws.

July 30th, 2020|Judgment|