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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

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

Survey shows Kentucky needs improvement in “business friendliness”

Getting a business off the ground is no easy matter. Regardless of what state you do business in, there are going to be challenges, but some states make it a bit easier for entrepreneurs than others. According to a recent...more

The Stockholders Agreement: a Key Item in the Startup Toolbox

Last week’s post laid out a checklist of legal documents and concepts that are important to early stage companies, and provided a brief summary of each. This post is the first in a series that will examine those documents in...more

[Event] 2015 FOLEYTech Summit - October 1, Boston, MA

Please join us for the 2015 FOLEYTech Summit. In its 11th year, the FOLEYTech Summit continues to offer the top-notch industry insight and compelling speakers you have come to expect from Foley & Lardner LLP, while embracing...more

Five Legal Issues Your eSports Company Needs to Know About Operating in the U.S.

With a $143 million market in North America, eSports is big business in the U.S. And given its swift rise in popularity – 205 million people worldwide watched or played eSports in 2014, it will only become bigger. At last...more

5 Bad Hiring & Firing Ideas Every Startup Entrepreneur Should Avoid

So, you think you have the next greatest idea for a startup that will knock the socks off of the current big players in your space? We know you’re excited to spend endless nights and countless hours to get your company off...more

Founders (Legal) Checklist

In prior posts, this blog has discussed some specific issues that affect your start-up, from incentive plans, to early IP protection and hiring your team. But the number of topics, and more importantly, the number of...more

Startup Entrepreneurs Should Plan for Success But Prepare for Failure: Do You Have a Plan B?

When a startup participant (i.e., company founder, investor, officer, director) prepares a business plan for success, they would be wise to consider their options under a Plan B in the event of failure....more

Bankruptcy Benefits for Startups

The failure of your startup and subsequent exit plan will raise a host of conflicting concerns, such as your reputation in the VC community, the well-being of your employees, and the preservation of your company's work. These...more

Class Action Suits By Independent Contractors -- the Uber Class Certification Decision

In a closely-watched decision involving a challenge to the business model used by ride-hailing company Uber Technologies, Inc., a California federal judge agreed to certify a class of California drivers who claim to have been...more

Crowdfunding 101: The Four Types You Need To Know

This post was originally written by Dylan Rochon, 2015 Foley & Lardner LLP Startup Connector. The term “crowdfunding” is closely associated with websites such as and These sites provide a...more

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