The investment frenzy of the late 1990’s was fueled by venture capital investments in start-up and established companies by investors based upon the prospect of huge returns following an IPO of the financed company. The structure and culture of venture transactions became so well ensconced in the marketplace that transaction documents, substantive business terms and investor rights in one transaction were virtually identical to another. Such custom and practice may have provided comfort in the review of similar documents in multiple transactions, but may have also fostered a lack of attention to detail creating traps for the unwary.

In today’s workplace, companies face ever-increasing pressure to take prompt remedial action when faced with employee complaints about privacy, discrimination, or sexual harassment. For example, in response to a charge of sexual harassment, management is well advised to conduct a thorough but expeditious investigation in order to preserve and create meaningful affirmative defenses to a claim.