We need to rein in Silicon Valley unicorns, says law prof

In Silicon Valley, a "unicorn" is a private startup with a net worth of $1 billion. As the term suggests, these were once incredibly rare creatures. Most startups would go public within 4-7 years, long before they had a $1 billion valuation. But two key pieces of legislation made the rare into the rampaging, starting in 1996. In her new book, Untamed Unicorns: Why Startup Finance is Broken and How to Fix It, Renée M. Jones warns that by staying private and shielded from oversight and disclosure, these startups could be endangering the stability of our financial system. Jones, who served as the director of the Securities and Exchange Commission's Division of Corporation Finance under President Joe Biden, shows how these tactics were used (and misused) by startups like FTX, WeWork, Uber and Theranos. "One of the big concerns is that startups are taking advantage of the secrecy to engage in, we could call it 'antisocial' or 'unsocial' behavior, but there are not really any mechanisms for the public to really see what's going on," Jones tells Modern Law Library host Lee Rawles. "If Theranos's investors and directors understood that they were going to have to go public and prove that the product worked, they would've been more demanding on Elizabeth Holmes most likely, and they wouldn't have been able to get away with all of those lies." A big concern Jones has is with the recent push by private equity companies to allow regular retail investors and 401K plan managers to invest in these opaque and risky private startup companies. "That includes private equity, it includes infrastructure. It could even include crypto. Again, these are illiquid assets," says Jones. "There's no ready market for those shares. And they're high risk assets and there's not a lot of information to even know, 'What am I actually invested in?' " "If the Department of Labor's plans are adopted, you're going to have to really work hard to avoid having any private equity in your 401k plans," Jones warns. "There's a risk that these overvalued assets are going to be transferred from professional investors who can act to protect their interest to sort of your average, unsophisticated 401k saver." In this episode, Jones shares her advice for reforming the oversight of these companies, warning signs that financial novices should be on the look for, and introduces a new creature to the financial bestiary: the centicorn.