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What is a Section 83(b) election and why is it helpful to entrepreneurs?

Start-up founders, executives and other employees should understand the role that Internal Revenue Code Section 83 plays in effective tax planning when certain equity incentive grants are given in exchange for services....more

The Importance of a Business Plan

A business plan is a very important component of a start-up business. It can and should be used as a tool for understanding how your business is put together. It can be used to monitor progress and hold yourself accountable....more

Five IP Pitfalls That Start-Up (and Grown-Up) Companies Can Easily Avoid

In business, there are numerous opportunities for pitfalls, mistakes and errors and they come up in all different legal areas – from basic formation issues to labor and employment to intellectual property. Mistakes and...more

So what is a Cap Table anyway and why do I need one?

As a founder of a start-up, there are countless things you worry about, and attending to corporate formalities is probably the last thing on your to-do list. However, imagine you have just been approached by a potential...more

Seed Investing: Understanding the Landscape - Part II

In this second post of our three-part blog series on the different types of seed instruments we will explore Series Seed. Series Seed documents were introduced by startup lawyer Ted Wang and venture capital firm...more

What Type of Patent Application Should You File First?

without the filing of any related applications, the provisional application will not be published or otherwise disclosed by the United States Patent and Trademark Office. One significant disadvantage of a provisional...more

Trademarks: How to protect your brand legally

Among the first and most valuable assets owned by a start-up is its brand name. Your brand name is your reputation. It identifies your products to consumers and differentiates you from others in the marketplace....more

You Sold Your Startup (and Maybe Your Soul): How to Leave Your Company

A few years ago, a client sold his small startup company to a competitor. In return, the acquiring company gave him some cash, stock options, and an executive-level job. After faithfully serving his new corporate overlord for...more

In Case You Missed It: Launch Links - Week of January 3, 2016

Some interesting links we found across the web this week: The 30 Best Pieces of Advice for Entrepreneurs in 2015 - Happy New Year! We’re kicking off 2016 with a list within a list—dig into First Round Review’s best...more

2016 Will be the Year for Business Growth, Start-Ups and Entrepreneurship

A New Year always brings with it the opportunity to wipe the slate clean, reflect back on the past year that was and look forward to the next. Looking back, there have been many seeds sown by the Business Law Section of the...more

A Balanced Approach to Founder's Equity

When accepting money from outside investors, entrepreneurs are generally asked to give up some degree of control over their start-up, exchanging equity in their company for cash. In an effort to minimize the control they...more

[Webinar] What Happens if You Get Sued? Litigation Basics - Dec. 17th, 12:00pm PST

When your company gets sued, what steps should you take immediately and what do you need to be concerned about in the first 30 days of the case? Although cases take a long time to get to trial (and most never make it that...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

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

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

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

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

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

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