Startups Emerging Growth Companies

News & Analysis as of

It’s Not Crowdfunding!

Since the Regulation A+ effective date last month, a number of websites have emerged that promote “Regulation A+ crowdfunding” contributing even further to the confusion in the market regarding...more

What Do the Expanded Reg A+ Rules Mean for Your Company?

This spring, the SEC adopted final rules required by the JOBS Act, which some hoped would increase smaller companies’ access to capital. Note, this wasn’t the long-awaited crowdfunding rules, it was the expansion of...more

Ryan Hong Discusses Important Contracts for Startups [Video]

Ryan Hong spoke on “The Evolution of the Media Company” panel at the Silicon Beach Fest on June 25th, 2015, at the Marina Del Rey Hotel in Marina Del Rey, Ca. He discussed legal issues that advertisers, technology companies,...more

Venture Capital Coast to Coast – June 2015

As we reported in January 2015, 2014 was a banner year for venture capital on all fronts, from fundraising, to investment and exits – save, however, for the small drop in the number of deals versus the largest aggregate...more

Is Antitrust Relevant for Startups, Emerging, and Non-Dominant Firms?

The answer is (surprise!) “yes.” There are a number of ways in which antitrust law is relevant to emerging and non-dominant companies. Those firms may: Need to deal with the dominant firms in their markets,...more

Kauffman Foundation Study on Funding for Start-Ups

In a recent edition of its Entrepreneurship Policy Digest, the Kauffman Foundation provides interesting data on the types of funding relied upon by emerging companies. The report notes that approximately 40% of startup...more

The Section “4(a)(1-1/2)” Exemption

At last week’s SEC Advisory Committee on Small and Emerging Companies meeting, the Committee recommended that the SEC formalize the exemption in order to promote capital formation. Currently, there also is a pending bill,...more

Finovate Summary

The Finovate conference focuses on FinTech innovations and is structured as a series of 7-minute, individual product demos over two days. More information can be found here. The conference was attended by early stage...more

Getting the Measure of EGC Corporate Governance Practices: A survey and related resources

Corporate governance has changed dramatically in the nearly 13 years since passage of the Sarbanes-Oxley Act of 2002 and in the nearly five years since enactment of the Dodd-Frank Wall Street Reform and Consumer Protection...more

Keys to Surviving Your First IPO

2014 was a big year for initial public offerings (IPOs). According to Renaissance Capital, 273 companies took the plunge in 2014, the most since 406 companies went public in 2000. Gross proceeds of $85 billion were raised,...more

Bank and Finance: The Equity Cure Provision—Saving Debt with Equity

For many sponsor backed borrowers, and this would include technology companies which have raised at least one round of financing, the equity cure provides a lifeline which isn’t necessarily available to traditional borrowers....more

Lux Capital Raises $350 Million Fund to Back Startup Healthcare and Technology Companies

Lux Capital, with offices in New York and Menlo Park, Calif., invests in counter-conventional, seed and early stage science and technology ventures. It was co-founded by Peter Hebert, Robert Paull and Josh Wolfe in 2000....more

Employing Workers in Massachusetts: A Guide for Emerging Companies

At some point, every emerging company must identify and retain people to work for the business. The founders or owners of the business recognize that they cannot do it alone, and they need to bring on talented individuals to...more

Is Crowdfunding Under the JOBS Act Dead?

In a recent article titled JOBS Act State of the Union (well worth a read in full), Samuel Guzik makes the case that the SEC has given up on creating rules to implement Title III crowdfunding under the JOBS Act. Title III of...more

Back to the Future? (Regional Exchanges and Venture Exchanges)

Last week, in connection with the meeting of the SEC’s Advisory Committee on Small and Emerging Companies, both Commissioner Aguilar and Commissioner Gallagher expressed interest in, and support for, a more thorough...more

Meeting of the SEC Advisory Committee on Small and Emerging Companies

The Securities and Exchange Commission’s Advisory Committee on Small and Emerging Companies met on March 4 to discuss various topics related to facilitating the secondary market for trading securities of small and emerging...more

Toward a Transactional Exemption for Emerging Company Investments

In “Bringing the Individual Accredited Investor Definition into the 21st Century,” which was posted on December 18th of last year, it was suggested that there might be certain common venture capital transactional structures...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

Blog: Can You Patent Your Software?

Emerging companies often ask: “Is my idea patentable?” Many of these ideas relate to software. The patent eligibility of software is again a hot topic in the United States and around the world. Recent developments in US...more

Advisory Committee will Consider Accredited Investor Definition

The SEC announced that at the December 17th meeting of the Advisory Committee on Small and Emerging Companies, the group will focus on the definition of “accredited investor.” ...more

House Passes Bill H.R. 5405 “Promoting Job Creation and Reducing Small Business Burdens Act”

On September 16, the House of Representatives passed H.R. 5405 “Promoting Job Creation and Reducing Small Business Burdens Act.” The bill addresses a number of Jumpstart Our Business Startups Act (JOBS Act)-related matters,...more

Reducing startup brain damage: Delaware moves to further streamline corporate processes for emerging companies

Proposed amendments to the Delaware General Corporations Law (DGCL) for 2014 aim to significantly streamline routine questions that often prove vexing for emerging growth companies and newly formed subsidiaries of larger...more

Mergers and Acquisitions are Back – The Impact on Emerging Companies

Recent statistics have confirmed what many executives, lawyers and advisors have sensed for the past few quarters: mergers and acquisitions of emerging technology companies, especially those in mobile, social, analytics and...more

Testing the Waters

An issuer that is considering or that has commenced an initial public offering (“IPO”) should take special care to familiarize itself with the communications rules applicable to offerings....more

FAQ for Entrepreneurs

You’re an entrepreneur and you have a great idea for a new product. Or maybe you’ve already created a product, like an app, and have sold it to several customers. So, when should you talk to a lawyer and what should you ask?...more

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