AlphaMaven AlphaMaven

Mithril Capital, one of Peter Thiel’s venture capital firms, has devolved into legal chaos

Reported by Vox
Nov 7, 2019· 2 min read
Save Post LinkedIn Email
Key Takeaways
  • • FBI Investigation Active: Mithril Capital, co-founded by Peter Thiel, is under FBI investigation for alleged financial misconduct, with agents questioning people close to the firm in recent months.
  • • Crystal McKellar Lawsuit: Crystal McKellar, former general counsel and current managing partner at Anathem Ventures, filed a California federal court lawsuit in November 2019 alleging that a director at Mithril "repeatedly" lied about investments and business oversight to investors.
  • • Multi-Jurisdictional Legal Battle: Mithril initiated countersuits against McKellar in Delaware and Texas, accusing her of orchestrating a "whisper campaign" against the company; McKellar subsequently sought an injunction to block suits outside California, characterizing the actions as retaliatory.
  • • Dispute Scope Includes Financial Claims: The underlying dispute centers on allegations of data theft, fraud, and unpaid carried interest, with a San Francisco judge partially overruling McKellar's demurrer in the ongoing litigation.
  • • Settlement Reached (2022): After litigation spanning multiple states and federal court proceedings, Mithril and McKellar quietly settled their countersuit in California federal court in June 2022, according to court filings.
Summary
Mithril Capital, the venture capital firm co-founded by Peter Thiel and Ajay Royan, has become engulfed in substantial legal and regulatory scrutiny as of November 2019. The firm faces an FBI investigation into allegations of financial misconduct, with federal agents actively questioning individuals close to the company regarding potential violations. This regulatory pressure coincided with internal legal disputes that have since escalated into a multi-jurisdictional litigation campaign.

The primary dispute involves Crystal McKellar, who served as general counsel at Mithril before transitioning to her current role as managing partner at Anathem Ventures. In November 2019, McKellar filed a lawsuit in California federal court asserting that a director at Mithril had "repeatedly" misrepresented facts regarding investments and business oversight to investors. Her legal challenge raised substantive governance concerns about the firm's operational transparency and investor communications.

In response, Mithril initiated aggressive counterlitigatio n against McKellar across multiple jurisdictions, filing suits in both Delaware and Texas. Mithril accused McKellar of orchestrating a "whisper campaign" designed to damage the firm's reputation and operations. McKellar contested this jurisdictional strategy, filing an emergency motion in California federal court in January 2020 seeking an anti-suit injunction to bar Mithril and its affiliates from pursuing litigation outside California. She characterized the multi-state legal offensive as retaliatory and argued it violated California employment law protections.

The underlying factual disputes extended beyond reputational claims to include allegations of data theft, fraud, and unpaid carried interest. These substantive financial allegations compelled judicial review of procedural motions, with a San Francisco federal judge partially overruling McKellar's demurrer, allowing portions of Mithril's claims to proceed. The litigation proceeded through arbitration following a March 2020 ruling, before both parties ultimately reached a confidential settlement in California federal court in June 2022, ending the protracted legal dispute.

Go deeper than the headline

Research every firm in this story, track the ones that matter and get the daily briefing — free for 7 days.

Start your free 7-day trial

Sources

1 outlet

AlphaMaven summarised this story from the reporting below. Each link opens the original article.

Vox Mithril Capital, one of Peter Thiel’s venture capital firms, has devolved into legal chaos