News & Analysis as of

Not All Investors Are Created Equal In The Eyes of the SEC: Why You Should Consider Only Accredited Investors in Your Startup

It is exciting to have people willing to invest money into your company. But before you sell any equity to friends, family or others, consider whether they are "accredited investors." ...more

Crowdfunding? Really?

Count me a Luddite when it comes to social media in general, and more specifically, the supposed potential for crowdfunding and raising capital for start-ups and small businesses. My skepticism about crowdfunding admittedly...more

Why Start-Ups Use Convertible Debt Part III: The Virtues of Convertible Debt for a Start-Up

Over the course of our “Why Start-Ups Use Convertible Debt” series, we’ve discussed the two common paths start-up companies take to structure a financing. In Part I, we discussed common stock financing and in Part II, we...more

The 500 Hats of Entrepreneurship

I’ll be honest. After working with entrepreneurs for the last 25 years, I didn’t need any scientific study to tell me that there is a difference (or really many differences) between entrepreneurs and employees. Nonetheless,...more

Advisory Committee’s Recommendations: Positive Sign for South Florida Companies

We previously discussed the SEC’s decision to allow businesses to solicit accredited investors and what this could mean for the growth of companies in Florida. Now, the SEC is weighing whether the definition of ‘accredited...more

Why Start-Ups Use Convertible Debt Part II: How a Convertible Debt Works

In Part I of our “Why Start-Ups Use Convertible Debt” series, we discussed one of the typical start-up financing structures, the sale of common stock, along with the issues that should be considered when setting a valuation....more

SEC Commissioner Stein On Capital Formation

Capital formation is one of the primary missions of the SEC. Commissioner Kara Stein recently discussed this basic SEC mission in remarks delivered at the Stanford Rock Center for Corporate Governance, Stanford Law School...more

Top 5 Mistakes Brand Owners Make When Filing Their Own Trademark Applications

Entrepreneurs often choose not to spend money on legal fees as they are launching their businesses. Understandably, budgets are tight in a company’s early days, and when faced with the choice of spending money on a trademark...more

Why Start-Ups Use Convertible Debt Part I: Common Stock Financing and the Problem of Setting a Valuation

Most start-up companies turn to friends, family and/or high net worth individuals as the first source of capital to fund their operations. Banks will not lend to these companies since there are no real assets to collateralize...more

Don’t Jeopardize Your Patent Rights: Best Patent Practices for Startups

For young, startup companies, the landscape of patents can be difficult to navigate. Patents are expensive and complex and require substantial time and money that are often at a premium for startup companies. At the same...more

Upstart 100 List Continues To Solidify Miami as Emerging Tech Startup Platform

Upstart Business Journal’s first-ever Upstart 100 list features two South Florida entrepreneurs. Rony Abovitz, CEO of startup Magic Leap, and Susan Amat, founder of Venture Hive, were both recognized on the Upstart 100 list,...more

New Press Release: MLMLegal.com and Babener & Associates Announces Its 69th National Starting and Running the Successful MLM...

LAS VEGAS, NV — (Marketwired) — 01/06/15 — For more than 28 years, leading industry experts have educated the executives of starting and existing MLM, direct selling, network marketing, and party plan companies on how to...more

October 2014 MLM Startup Conference Success!

You wouldn’t believe the turnout we had for the October 2014 MLM Startup Conference! Entrepreneurs, executives, founders, and CEOs from 98 direct selling companies registered for the event! Over 160 entrepreneurs registered...more

Silicon Valley Venture Capital Survey - Fourth Quarter 2014

Background - We analyzed the terms of 150 venture financings closed in the fourth quarter of 2014 by companies headquartered in Silicon Valley. Overview of Fenwick & West Results - Valuation results...more

Blog Restrictive Covenants: What Startups Need to Know

“Restrictive Covenants” is a term used to describe provisions in an agreement that purport to restrict an employee from doing certain things after she leaves the company....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

5 Simple Steps Startups Can Take to Protect Intellectual Property

All emerging companies can and should take basic steps to protect their uniquely valuable intellectual property. For many companies, especially startups, intellectual property often represents an important component of...more

Convertible Notes – a Great Tool for Investment

So you have started your company! Maybe you have an investor or are looking for investors. How do you structure an investment to set everyone up for success? For many companies, convertible notes are the right answer....more

Tech Industry Bulletin

In this Bulletin: - Intellectual Property: Guidance to the Upstart Tech Company for Protecting IP Rights - Mergers & Acquisitions: Five Legal Issues Entrepreneurs Should Consider Before Agreeing To an Earn-Out...more

"US IPO Market Review and Outlook: Can the Pace Continue?"

The 2014 U.S. initial public offering market was the most active for new issues since 2000. The market began to recover from the recession in 2010 and took off in 2013 with 222 offerings raising an aggregate of $55 billion,1...more

Hot Off The Presses: SBA To Release Proposed Rule On New Mentor-Protege Program On Thursday

My firm is a big supporter of the National 8(a) Association and a proud sponsor of its Winter Conference, which is taking place right now in Orlando, Florida. I just left a presentation given by the SBA and several other SBA...more

The Roundup: This Week’s Recommended Reading (Jan 30, 2014)

From Around the Web - Why Do Entrepreneurs Take the Leap? If sudden wealth is not the likely outcome of starting a company, what motivates someone to take the risk? (Stanford Business)...more

Adding Talent to Your Startup - Common Pitfalls to Avoid

If you are a young startup, then you probably have more work than you do time to perform the work. That means you are probably starting to think about bringing in additional talent to help you. ...more

How to Mess Up Your Start-Up

There are lots of good articles out there about how to succeed.  Here are a few pointers on how to mess up your company from a legal perspective.  - Pick a name without checking it out. You may not be the first one to...more

Venture Capital Coast-to-Coast – January 2015

Concern over higher valuations? Apparently not, as $59 billion invested in 2014 breaks the post-crisis record. LPs also set a post-crisis record with $32 billion in commitments to U.S.-based VC funds. PitchBook Data, Inc.,...more

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