News & Analysis as of

The Entrepreneurs Report - Q3 2015

Unicorns and Other High-Valuation Deals - Over the last several years, the number of private companies with valuations in excess of $1 billion has skyrocketed, with daily reports of births of new “unicorns.” As the...more

5 Key Considerations When Negotiating a License Agreement

License agreements can be a great way for a start-up company to generate revenue from sources other than the founders/funders. Start-ups can license their technology separately, or as part of a collaboration with another...more

New Saudi Arabian Companies Law

On Monday 9 November 2015, the Ministry of Commerce and Industrial (MOCI), announced that the new Saudi Companies Law (NCL) shall come into force 150 days from its publication in the Saudi Official Gazette. This will...more

Before Selecting Business Form, What Is Important To Consider? P.1

Building a successful business is not an easy matter, and a lot of planning and learning from mistakes go into it. Success is not always quick, either. Sometimes it can take years before a company is able to carve out a...more

Commission adopts 2016 work programme

The Commission has adopted its 2016 Work Programme, reaffirming the commitment to the 10 political priorities of its political guidelines. The programme plans to deliver 23 key initiatives and 40 actions under its “REFIT”...more

SEC Approves New Crowdfunding Rules

Fulfilling a promise made more than three and a half years ago, on Friday the SEC approved final rules for Regulation Crowdfunding ("Reg CF"), the last remaining component of the JOBS Act of 2012. Reg CF aims to create a...more

What Is a Subprime Unicorn?

Christopher Mims had an article in the Wall Street Journal recently titled “The Dangers Ahead if Tech Unicorns Get Gored.” In his article, Mr. Mims discusses the potential collateral damage of a failed unicorn. The article is...more

Top Considerations When Selecting a Strategic Corporate Partner

As technology companies evolve, their funding needs and strategies change and they may explore middle and later stage investments from strategic partners as well as VCs. At the 2015 FOLEYTech Summit, the speakers on “The Role...more

Maximizing Your Time As A Small Business

OVERVIEW - - Why size matters - Toolbox for maximizing your time as a small business (“SB”) - Tools that work - Tools you might think work, but generally do not - Tool of the future? -...more

Doing Well by Doing Good: Why Startups May Want to Consider B Corp Status

Socially and/or environmentally minded startup entrepreneurs should take a second look at B corporations. Informally, many companies seek to bring good to the community in which they do business and operate in a socially and...more

Picking the Right Board of Directors

With the myriad of tasks faced by the founders of a start-up, the composition of the company’s board of directors often gets put on the back burner, at least until the time when the company seeks outside capital, at which...more

Changes of licensing rules

On 19 October 2015, the President of Azerbaijan took a much awaited step which should improve the business climate in Azerbaijan. The President issued a decree on the Decrease of the Number of Types of Special Permits...more

General Solicitation of Investors for Your Financing: Rule 506(c) of Regulation D

Previously, we discussed a startup’s most important tool for selling debt or equity securities in compliance with the Securities Act of 1933, as amended: Rule 506(b) of Regulation D. This rule is critically important to...more

The EB-5 Program gains short-term extension in Congress

Congress recently passed a short-term extension to keep the EB-5 Regional Center Program (commonly known as the EB-5 Program or the Immigration Investor Program) from expiring. The EB-5 program adds versatility to the...more

Raising Capital? Don’t Forget about SEC Filings (It’s Not as Difficult as It Sounds)

The mention of "securities law and regulations" is a common, but daunting phrase that many entrepreneurs hear when they are attempting to raise money from investors for their companies. Under federal securities laws, any sale...more

Gaining Appropriate Control in Italian Minority Investments

Minority investments are an increasing feature of the Italian PE market. One key driver of minority investments is demand from many entrepreneurs, founders and small and medium-sized businesses for funding to refinance...more

What to Consider When Negotiating a Commercial Lease

The time will come when every business owner will be faced with the task of acquiring space to operate, whether it be an initial startup, a move to new space after expansion, an additional location, or even a downsize of the...more

7 Intellectual Property Issues Startup Entrepreneurs Should Not Overlook

When startups are in the whirlwind of launching a new product or strategizing a marketing plan, there are crucial intellectual property issues that should not be overlooked. Here are seven things startups should know about IP...more

Crowdfunding: A Potential Cash Source for Business That Could Make a Well-Intentioned Company's Financial State Worse

“Crowdfunding”: In broad terms, it’s a decade-old means to an end for those with bright ideas and dim financials who hope to bring an inspired cause to market. As established as the practice is, with the more recent explosion...more

Proactive Trademark Selection Can Add Value To A Company’s Assets And Avoid Problems

Incorporation typically includes registration of a corporate name. Some entrepreneurs do not realize, however, that corporate name registration alone is unlikely to provide trademark protection. Even worse, although state...more

Blog: Maintaining Control of Your Brand Among 1,200 New gTLDs

The authors of every successful business strategy know that a company must protect its trade marks and its brand from the outset. The primary means of doing so is to register trade marks in each of the territories in which...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

Convertible Equity: The Founder’s Alternative to Convertible Debt

Convertible debt (a loan that converts into equity upon the closing of a round of financing or other conversion event) has long been the preferred investment vehicle of early-stage investors, particularly angel investors, as...more

Heads Up on Startups: What Acquirers Need to Know Prior to the Purchase

Acquiring a startup often provides the acquirer with access to new markets, products, solutions and services, as well as innovative ideas and a pipeline of future products. While the idea of acquiring the “next big thing” is...more

7 Things Startups Should Know About Intellectual Property Law

Make sure you own what you think you own....more

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