Business Formation Startups

Business formation is the process of establishing a legal entity to carry out a particular entreprise.  The law provides several entity options, each with its own advantages and disadvantages. Limited... more +
Business formation is the process of establishing a legal entity to carry out a particular entreprise.  The law provides several entity options, each with its own advantages and disadvantages. Limited Liability Corporations (LLC), Limited Liability Partnerships (LLP), and S-Corporations are a few examples of available options. When forming a business, founders can choose whichever entity-type best aligns with their specific tax and liability needs and considerations. Other important aspects of forming a business include drafting a comprehensive business plan, choosing appropriate insurance, establishing personnel policies and protecting intellectual property.  less -
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Start-Up Pack

The purpose of this Start-Up Pack is to provide assistance and support to early stage start-ups who are looking to establish their business on a more formal basis. Creating the right legal framework and ensuring that the...more

7 Key Roles of a Successful Startup CEO

In your experience, what’s the most important role that a startup CEO should fulfill? That’s the question we put recently to JD Supra contributors, many of whom have spent years working with successful entrepreneurs in...more

Back to Basics – Choosing the Right Entity for Your Business

There are several different options when forming a business entity. Whether starting a new business or reevaluating an existing one, choosing the right entity structure involves several important considerations including...more

3 Fundraising Mistakes Startup Entrepreneurs Make (and How to Avoid Them)

Some startups want to tout big fundraising numbers. Resist that urge. Focus on a smart valuation and return focus to the product....more

7 Intellectual Property Mistakes Startup Entrepreneurs Often Make

What’s the biggest mistake startup entrepreneurs make with respect to their intellectual property, and what can they do to fix it? That’s the question we recently put to IP attorneys writing on JD Supra, knowing that the...more

Life Cycle Of A Company – Choice Of Entity And Key Contents Of Organization Documents

I. GENERAL. A. Introduction. In selecting a form of business entity for an oil patch deal in Texas the organizer or initial owners can consider the following five business entity forms: • Corporation •...more

Joining the Crowd - Investing profitably in equity crowdfunding

Crowdfunding is a word you’ve heard a lot since the passage of the JOBS Act in 2012. But what is crowdfunding, and, more importantly, how you can use it to invest profitably? What Is Crowdfunding? - Crowdfunding...more

LLC Operating Agreements May Need Amending Under California’s New LLC Law

The California Revised Uniform Limited Liability Company Act (the “New LLC Law”) was signed into law by Governor Jerry Brown on September 21, 2012. The New LLC Law will entirely replace the current California law governing...more

Starting a new business? Intellectual Property 101 Presented by Prof. Islam & PA Thomas Lewry [Video]

"Often [intellectual property] is the most valuable asset to the company, bar none, more than the building, more valuable than the land that it sits on." -The Recorder, November 30, 2006 What does it take to get a...more

The One Mistake Startup Entrepreneurs Always Make - A Legal Perspective...

In your experience working with startup entrepreneurs, what's the one mistake they make time and again? The answer to that question of course varies greatly, depending on whom you ask - and, for legal perspective, we...more

Rollovers as Business Startups: A Guide to Using Retirement Funds to Start a Business

Over the past 10 years, thousands of entrepreneurs have used their existing retirement savings held by a qualified retirement plan or IRA to finance the startup or acquisition of a new business. According to industry experts...more

Trademarks 101: Avoiding Common Mistakes PART 2

In addition to consulting an attorney who specializes in trademark law, startup companies and entrepreneuers can avoid other common mistakes when it comes to safeguarding their brand or image by conducting a proper trademark...more

The Changing Landscape of Seed Stage Financing, Part III: Revisiting the Debt vs. Equity Dilemma

In the third and final installment of this blog post series, we’ll return to last week’s question (Should I sell convertible debt or equity?), and consider the other side of the coin: choosing equity instead of debt. We’ll...more

Do I Need An Entity for My Business? Cont…

As we discussed before, most people end up operating their business through an entity of some sort. However, there are some individuals who do not necessarily need an entity and can operate their business as a sole...more

Do I Need An Entity For My Business?

(*Note: this discussion presupposes a basic understanding of limited liability entities and alternatives, which have been discussed before and which we will discuss more in the future.) Many people starting a business...more

It's Your Business News -- August 2013

In This Issue: Making the ‘Right’ Choice; Top Ten Mistakes Businesses Make Regarding Insurance; and You’ve Got the Job, Details Will Follow. Excerpt from Making the ‘Right’ Choice - You have the idea, you...more

Making the ‘Right’ Choice

You have the idea, you have the funds, and you are ready to start your very own business! Now what?! Whether this is the first and only time you will do this or whether you are an established entrepreneur, one of the...more

"Do Not Climb Without a Rope": A Necessary Partnership Between Entrepreneurs and Attorneys

In growing a startup, entrepreneurs must choose among a plethora of potential advisors and mentors from various disciplines. Instinctively, many new entrepreneurs turn first to seasoned serial entrepreneurs for advice, but...more

EB-5 Funding: A Possible Financing Option for Commercial Ventures Undertaken by Colleges and Universities

Universities and colleges seeking to start commercial ventures should consider raising capital through the EB-5 program. If you are a university or college and you are considering building a new student union or a stadium as...more

Business Lending to Female Entrepreneurs on the Rise

A recent article related to female entrepreneurs caught my eye. In connection with National Women’s History Month this past March, Wells Fargo announced its plans to commit to lend a total of $55 billion to U.S. women-owned...more

Venture Perspectives: New England Edition - First Quarter 2013

In This Issue: - Activity Level of New England Transactions: All Rounds - Activity Level of New England Seed Transactions - Activity Level of New England Series A Transactions - Activity Level of New...more

Entrepreneurs - small startup companies. Avoid costly mistakes and focus on growing a successful business. Theodore B. Howell [Video]

Theodore B. Howell Corporate Attorney Entrepreneurs - small startup companies. Avoid costly mistakes and focus on growing a successful business. Mr. Howell is the Chair of the Corporate Group. He counsels small to...more

Business Lawyer Crucial in Business Formation Strategy

For businesses in the San Jose area or within California requiring more information, contact the Wade Law Group at (888) 909-9430 or email Amiel Wade directly....more

Business Formation Checklist Puerto Rico

Checklist for all the documents required for startups in the Puerto Rico jurisdiction....more

Equity Incentive Compensation in LLCs

In a recent post, I recommended that the typical startup should start as an LLC (limited liability company) and remain an LLC as long as possible. One ever-present challenge with LLCs is that most entrepreneurs (present...more

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