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 -
News & Analysis as of

International Entrepreneurs New Proposed Work Authorization for Founders of Start-Up’s And a Comparison to Other Visa Options

On August 31, 2016 the Department of Homeland Security (DHS) proposed an “International Entrepreneur” (I.E.) rule that would allow qualifying foreign investors to develop and grow their start-up companies in the United...more

Proposed International Entrepreneur Rule Gives Startup Founders Temporary Stay in U.S.

The U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) last week proposed a new rule that will allow certain immigrant startup founders to receive “parole” or temporary permission to...more

U.S. Immigration Proposes Solution for International Entrepreneurs

Current visa options limit the ability of foreign national entrepreneurs to start and grow companies in the United States. As a result, the United States is less able to attract the world’s very best and most innovative...more

The “Shark Tank Visa”: Proposed Rule Opens Door for Foreign Entrepreneurs

Last Wednesday, the Department of Homeland Security (“DHS”) announced a proposal that would allow foreign entrepreneurs to enter the United States to operate high-growth, job-creating startup enterprises. As with other...more

Venture Capitalists and Immigration Proponents Likely Disappointed by USCIS Proposed Entrepreneurial Parolee Rule

Seyfarth Synopsis: USCIS proposes a regulation to grant special “parole” entry to certain foreign entrepreneurs backed by venture capitalists and angel investors. The rule is long and complicated, while the benefit granted...more

New Visa Rule Proposed for International Entrepreneurs

The Secretary of the Department of Homeland Security recently signed a proposed rule that would allow certain international entrepreneurs to temporarily enter the U.S. to start their businesses. The U.S. Citizenship and...more

Failing to Choose the Best Entity Structure for Your Business - Pay Me Now or Pay Me Later - Common Legal Mistakes Made by Small...

Pay Me Now or Pay Me Later is a series of short tips on common legal mistakes small business owners make. Tip? #1?? - Failing to Choose the Best Entity Structure for Your Business...more

Top 5 Legal Mistakes Business Clients Make

Starting a business can be fraught with potential legal issues that are often overlooked by first-time entrepreneurs. Many details that don’t seem pressing at the start can mean the difference between success and failure...more

eMerge Welcomes Guests with Iconic Opening Reception

Sunday night was a buzz at the opening reception for the 3rd annual eMerge conference located at the iconic 1111 Lincoln Road garage. The attendees enjoyed food, drinks and music, but the real discussion centered on the...more

7 Essential IP Law Considerations for Startup Entrepreneurs

Ask any startup veteran: intellectual property can make or break a successful exit. Here are seven things every startup should know about intellectual property law....more

Corporation or LLC? Business Organizations for Tech Startups.

One of the first actions you will take with your startup is to organize your company a separate legal entity to protect yourself from personal liability for the company’s debts. In the tech startup context, you’ll typically...more

U.S. Work Visas for International Startup Entrepreneurs: Plan Well, Know Your Options

The best way to ensure compliance with immigration regulations is to plan as far in advance as possible and to know when it is necessary to obtain a visa. ...more

Two Key Insurance Considerations For Startups

Startups have numerous and different insurance needs and will face many challenges as new businesses, but by considering whether general liability and key person insurance are appropriate products they will likely be better...more

Nevada Corporate Law: What’s Wrong With Expedition?

As someone who has been writing about Nevada corporate law for over two decades, I’ve been somewhat amused by the recent “discovery” of the Silver State as an alternative to Delaware. Writing for The Wall Street Journal, Liz...more

When Should a Startup Hire a Lawyer?

When should a young company start to think about engaging legal counsel? There is no one-size-fits-all answer to this question – a startup should assess its status as an organization, its goals and future needs and its...more

Blog: Post-Incorporation Checklist: 10 Next Steps to Consider

You’ve taken the plunge and formed your business as a Delaware corporation. What do you need to do next? This post, along with the companion piece 8 Legal To-Dos Before Your First Investment, is intended to help you identify...more

Don’t Forget Your Corporate Formalities … It’ll Cost You

Many individuals believe that it is easy to protect themselves in starting a business by simply setting up a new corporation or LLC. But it is important that shareholders or members abide by corporate formalities. Even the...more

[Webinar] Formation Issues and Changes in Structure: Tax Considerations - Mar. 19, 12-1PM PST

Please join Sheppard Mullin for our monthly Third Thursday Emerging Company Webinar Series educating entrepreneurs and emerging companies on the key legal issues they face during the growth of their companies. These...more

When it Comes to Incorporating Your Startup, Why Delaware?!?

When you're the second smallest state and your neighbors are NYC and Philly, you have to do something to stand out. So, when Calvin Coolidge announced that the "Business of America is business," someone in Delaware was paying...more

Legal Considerations for Web Based Start-Ups

Mobile Internet usage is predicted to grow faster in the next few years, making online or web based businesses great opportunities. A leading forecaster found that global mobile internet usage leapt from 14 percent to 25...more

Explosion in new firms cements Berlin's status as startup hub  [Video]

Sept. 12, 2014 -- Cornelia Yzer, Berlin Senator for Economics, Technology and Research, talks about the sudden rise of tech startups making their home in Berlin at the Transatlantic Entrepreneur Partnership Conference in New...more

8 Legal To-Dos Before Your First Investment

So, you’re about to raise money for the first time. Good luck! Before you start approaching VC firms for pitch opportunities, though, be aware that investors typically expect a certain amount of organization and structure...more

Beware of Promises

In the early stages of a new venture, things move quickly. An entrepreneur will talk with many different potential team members, some of whom aren’t a good fit, some of whom become co-founders and valued long-term partners,...more

Choosing the Correct Business Entity: The Basics

By carefully considering the forms of business entity that are available and then intelligently choosing an appropriate one, you can reduce exposure to liabilities, save taxes and launch the business in a form capable of...more

Start-Up Pack (United Kingdom)

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

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