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

New flagship buyout fund
Second fund
Fifth global credit fund
Second fund
Third fund
Debut fund
Fifth private equity fund
Debut institutional fund
Investment fund
Fifth small cap buyouts fund
Seventh VC fund-of-funds
Fourth Velocity fund
Second fund
New VC fund

Private Equity Deals

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


Venture Capital Deals

Insight Partners, VMG Partners, Walter Robb
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
Palo Alto, CA-based automated employee and customer experiences platform
ISTARI, Distributed Ventures, IA Capital Group, Bob Dudley
New York, NY-based provider of cyber risk qualification SaaS
Level Equity, Alexis Ohanian
Miami, FL-based boat rental marketplace
BuildGroup, Gula Tech Adventures
College Park, MD-based training platform for cybersecurity professions
Arch Venture Partners, Human Capital, General Catalyst
San Francisco, CA-based rural health care startup
Andreessen Horowitz, Casdin Capital, Nextech Invest, Forge Life Science Partners
Plymouth, MA-based developer of precision combination therapies for cancer
Boston, MA-based e-commerce marketing automation company
Coatue, Coinbase Ventures, Mantis VC, Olivier Pomel
Houston, TX-based provider of crypto developer tools
DST Global Partners, Atinum Investments, SoftBank, Bass Investment, YC
Los Angeles, CA-based IP protection platform
Canaan Partners
San Francisco, CA-based payroll compliance platform
Madrona Venture Group, Cercano Management, M12, Alexandria Venture Investments, OCV Partners, Duke University
Seattle, WA-based single-cell immune monitoring platform
GIC, Ribbit Capital, Thrive Capital
San Francisco, CA-based SMB growth capital platform
Macquarie Capital Principal Finance
Kansas City, MO-based constituent engagement platform for governments
Thoma Bravo
Denver, CO-based authentication software company
SYN Ventures, SineWave Ventures, VIPC’s Virginia Venture Partners, SecureOctane
Tysons Corner, VA-based continuous compliance automation software startup
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
San Francisco, CA-based user, and software product research platform
Breakthrough Energy Ventures, Prelude Ventures, SJF Ventures
Berkeley, CA-based utility-scale solar deployment startup
Insight Partners, Index Ventures, Bling Capital, Golden Ventures
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

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

Private Equity Deals

Integrity Marketing Group
Scottsdale, AZ-based independent insurance and financial product company
Sentinel Capital Partners
Austin, TX-based franchisee of Anytime Fitness
Clearlake Capital Group
Daphne, AL-based manufacturer of non-discretionary automotive, industrial, energy storage, and solar parts
Dubuque, IA-based infrastructure and building management software company
Great Point Partners
Iselin, NJ-based biometrics contract research organization
Mainsail Partners
Mullica Hill, NJ-based facility maintenance software company
Built Technologies
Nashville, TN-based deal management platform for commercial real estate lender
Oak Hill Capital
Cincinnati, OH-based fiber broadband provider
Summit Partners
Chicago, IL-based provider of dynamic pricing and revenue management tools for short-term rentals
WindRose Health Investors
Morristown, NJ-based provider of omnichannel health care communications
Atwater Capital
Los Angeles, CA-based premium episodic content studio
Brightstar Capital Partners
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
Palo Alto, CA-based blockchain startup
Galvanize Climate Solutions, Qualcomm Ventures, Prelude Ventures, S2G Ventures, Ajax Strategies, Grupo Jacto, Middleland Capital, M2O, Select
San Francisco, CA-based agricultural field intelligence company
Forerunner Ventures, Salesforce Ventures, Hubspot Ventures, Lyra Ventures, Gramercy Ventures
New York, NY-based B2B e-commerce payments startup
Breakthrough Energy Ventures, 2150 Urban Tech Sustainability Fund, VoLo Earth Ventures
Boca Raton, FL-based ultra-efficient air conditioning technology company
Shenzhen Capital Group
Boston, MA-based 3D printing company
Lapam Capital, Junson Capital, Dyee Capital
San Jose, CA-based biotech drug discovery company
Tempur Sealy, ARCHina Capital
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
New York, NY-based heart disease care company
Global Emerging Markets
Austin, TX-based lithium and battery technology company
NEA, Oak HC/FT, Alta Partners, Endeavor Catalyst
Denver, CO-based primary care company
Challenjers Venture
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
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
Charleston, SC-based home repair data and services marketplace
KKR, OMX Ventures, ARTIS Ventures, Lansdowne Partners, SALT, DeciBio Ventures, Axial
San Diego, CA-based genomic medicine startup
Sequoia Capital, John and Patrick Collison, Nat Friedman, Elad Gil, Daniel Gross, Caryn Marooney
San Francisco, CA-based software developer tools startup
Durable Capital
New York, NY-based travel startup
Icon Ventures, Sequoia Capital, XYZ Venture Capital, Spark Capital
San Francisco, CA-based remote work collaboration startup
Parkway Venture Capital
Dallas, TX-based real estate modeling software company
Mercury, Republic Asia, Cryptology Asset Group
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
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

First dedicated early-stage venture capital fund
First climate-related venture fund
Fourth flagship private equity fund
Second Health Assurance Fund
Inaugural private equity fund
New opportunity fund
Third fund focused on fintech investments in the US, Europe, and Canada
Debut fund for space investments

Private Equity Deals

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


Venture Capital Deals

Quad Partners, Next47, Origin Ventures, Matrix Partners, Point Nine Capital, New Ground Ventures
San Francisco, CA-based performance management company
Brighton Park Capital
New York, NY-based security company
DCVC, Eli Lilly, Creyon Bio, Totus Medicines, GenEdit
Wellesley, MA-based biotech company developing cancer therapies
Section 32, Amgen Ventures, Bristol Myers Squibb, Quadrille Capital, Gaingels, GRIDS Capital
San Mateo, CA-based biotech company
Enavate Sciences, Gaingels, 5AM Ventures, Polaris Partners, Northpond Ventures, Andreessen Horowitz, The Kraft Group
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
Foster City, CA-based precision medicine company
Alignment Growth, OMERS Ventures, Mayfield, Emergence Capital
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
Baltimore, MD and Palo Alto, CA-based liquid biopsy company
WestCap, Mubadala Capital, Streamlined Ventures
Los Angeles, CA-based social commerce startup
Accomplice, Kinnevik
Seattle, WA-based travel industry API startup
A-Street Ventures
Richmond, VA-based education curriculum company
Summit Partners, Castle Island Ventures, Digital Currency Group, Brevan Howard
Miami, FL-based blockchain security startup
Electric Capital, Dragonfly Capital Partners, LedgerPrime, Balaji Srinivasan, Jump Crypto, Wintermute Trading, GSR, Kronos Research and Altonomy
San Francisco, CA-based decentralized finance exchange
Three Fish Capital
New York, NY-based contract worker hiring and onboarding company
Revolution Growth, CPP Investments, Grosvenor, Wellington Management, Chipotle’s Cultivate Next
Boulder, CO-based alternative meats company
Tiger Global, QED Investors, FTX
New York, NY-based crypto corporate treasury company
Starshot Capital, Helena, Ahren Innovation Capital, Mustafa Suleyman, Flying Fish, Section 32, Character
Seattle, WA-based industrial manufacturing systems startup
Sweat Equity Partners, SoftBank, Mercury Fund, Fitz Gate Ventures, Seamless Capital, Raven One Ventures, New Age Ventures
Austin, TX-based residential home services startup
Noro-Moseley Partners, Frontier Growth
Fayetteville, AR-based retail supply chain data company
Summit Partners
San Francisco, CA-based maker of text shortcut software
Insight Partners, Blumberg Capital, Mayo Clinic, NFX, StageOne Ventures, iAngels, Neil Hunt, iCON, Ariel Cohen
Palo Alto, CA-based surgery video analysis company
Morgan Stanley’s Next Level Fund, Mastercard, GoldHouse, Asian Hustle network, Hyphen Capital
San Francisco, CA-based consumer credit startup
CapitalG, DST Global, BOND, A16Z, YC Continuity
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
San Francisco, CA-based credit cart startup
LightWork Worldwide, Alpha Sigma Capital, Apex Capital Partners, Baron Davis Enterprises
Boston, MA-based gaming and lifestyle company
Kingsway Capital, The Raine Group, Square Enix, Lakestar, Initial Capital
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
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

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

Private Equity Deals

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


Venture Capital Deals

Live Oak Ventures
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
Fort Collins, CO-based developer of oral drugs for treating asthma
Insight Partners, Accel, YC
San Francisco, CA-based audio intelligence API
Carrick Capital Partners
Phoenix, AZ-based “offensive security” startup
M13, Inspired Capital, IA Ventures, Upfront Capital
San Francisco, CA-based EMR development and payments platform
Breakthrough Energy Ventures, Inditex
Danville, VA-based apparel recycling startup
Axon, Aqton Partners, Menlo Ventures, Felicis Ventures, Target Partners
San Francisco, CA-based drone defense startup
Abdo Partners, Spring Lane Capital, Copulos Group
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
New York, NY-based crypto prime brokerage
Triatomic Capital, Section 32, FPV Ventures, Horizons Ventures, Tencent, Playground Global, Fifty Years, GettyLab
Boston, MA-based protein therapeutics startup
Snowpoint, Baille Gifford, GV
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
Lincoln, NE-based green hydrogen producer
Wellington Access Ventures, Seae Ventures, Philips Ventures
Los Angeles, CA-based virtual at-home intervention program for cardiac patients
Canvas Ventures, Menlo Ventures, Story Ventures, Pruven Capital
New York, NY-based patient data sharing startup
GIC, Trilantic, Energy Impact Partners
Tualatin, OR-based battery energy storage startup
Founders Fund, Stripe, Elad Gil
Mountain View, CA-based equity management software startup
Tola Capital, FirstMark, Accomplice, Boldstart, Allegion Ventures
Boston, MA-based hybrid workplace management platform
Morgan Stanley Expansion Capital
Indianapolis, IN-based edge infrastructure management startup
FTV Capital
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
San Francisco, CA-based real-time database platform
Kleiner Perkins, Databricks, Snowflake, Andreessen Horowitz, Sequoia Capital, Bain Capital Ventures, Tiger Global
San Francisco, CA-based machine learning ops startup
Breakthrough Energy Ventures, LENx, Creative Ventures, Rio Tinto
Golden, CO-based developer of a low-carbon alternative for cement production
Koch Industries, Eastman Kodak, Fifth Wall Climate
San Diego, CA-based EV battery technology developer
HealthQuad, British International Investment, W Health Ventures, Kae Capital, Google Assistant Investments, pi Ventures
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

Debut fund
First infrastructure-focused PE secondaries and co-investments fund
Fund of funds
Debut environmental impact PE fund
Fourth direct co-investment fund
Second fund
Seventh fund
Fifth fund
Debut fund
Third fund

Private Equity Deals

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


Venture Capital Deals

Questa Capital, CRG
Pleasanton, CA-based maker of a kidney stone removal device
Allianz X, Valor Equity Partners, Kinetic Partners
San Francisco, CA-based cyber risk insurer
Cambridge, MA-based developer of a headset for neurological therapy
BlackRock, Activate Capital, Madrona Ventures, Prologis Ventures, Redpoint Ventures, T. Rowe Price, Tiger Global
Seattle, WA-based programmatic logistics firm for retailers and brands
GV, AgFunder, Refactor Capital, First Star Ventures, Bolt
Petaluma, CA-based ag-tech startup focused on aquatic superplants.
Hummingbird Ventures, Amgen Ventures, HBM Genomics, Civilization Ventures
Cambridge, MA-based developer of oncology mRNA tech
Prosus, Fiserv, Contour Venture Partners
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
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
Burlington, MA-based developer of digital manufacturing infrastructure.
Beringea, Cushman & Wakefield, Crow Holdings, Taronga Ventures, Fifth Wall, Bessemer Ventures, Jona Capital
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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