Challenging times. The stock market is choppy, and uncertainty about the economy and politics is pervasive. That said, we have seen that venture capitalists with conviction are making big bets. History tells us that the...more
On March 12, 2025, the Securities and Exchange Commission (the “SEC”) issued a No-Action Letter that provided guidance regarding the ways issuers can satisfy the accredited investor verification requirements of offerings made...more
4/3/2025
/ Accredited Investors ,
Capital Markets ,
Disclosure Requirements ,
Investment ,
New Guidance ,
No-Action Letters ,
Private Funds ,
Regulation D ,
Regulatory Requirements ,
Rule 506(c) ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
Walkabout is tackling loneliness for the masses in a way that is deep, sustainable, and highly scalable, holding the potential to redefine community in today’s tech-enabled society. Unlike traditional social platforms that...more
Prospective purchasers of blockchain assets can now navigate through global exchanges (i.e., Coinbase or Kraken) to invest in various forms of tokens. Investments in tokens, however, are only the tip of the iceberg for those...more
2/10/2025
/ Asset Tokens ,
Blockchain ,
Compliance ,
Cryptocurrency ,
Digital Assets ,
Equity ,
Investment ,
Investment Funds ,
Purchase Agreement ,
Risk Management ,
Securities Regulation ,
Virtual Currency
As we turn our thoughts to 2025, there is clearly significant enthusiasm in the financial world for a bust-out year in venture capital. Anecdotally, we can readily see that the number of transactions is increasing, and...more
1/13/2025
/ Artificial Intelligence ,
Capital Markets ,
Fiduciary Duty ,
Financial Services Industry ,
FinTech ,
Initial Public Offering (IPO) ,
Investment ,
Private Equity ,
Private Funds ,
Risk Management ,
Venture Capital
Surgimatix, our client spotlight this month, developed what can only be called a novel solution. Surgimatix is an early-stage medical device company pioneering the first proprietary laparoscopic device that delivers...more
1/9/2025
/ Automation Systems ,
Food and Drug Administration (FDA) ,
Healthcare ,
Innovative Technology ,
Intellectual Property Protection ,
Life Sciences ,
Medical Devices ,
Patents ,
Regulatory Requirements ,
Technology Sector ,
Venture Capital
And just like that, the weather has changed, and now it is fall on the East Coast! Where did the days of summer go?
As to the current state of the venture capital market, while later- and growth-stage companies are still...more
One of the challenges facing venture capital firms is how to handle investments in portfolio companies prior to the initial close (“Initial Close”) of a new fund (“New Fund”). Typically, the investment advisor (“VC Advisor”),...more
Clients with Limited Liability Companies in New York Likely Impacted -
The New York LLC Transparency Act (NYLTA) has recently been amended. The key take-aways are as follows:
Effective Date has been pushed back a...more
Clients with Limited Liability Companies in New York Likely Impacted -
New York Governor Kathy Hochul recently signed the New York LLC Transparency Act (NYLTA) into law. The act, which will become effective on December 21,...more
3/13/2024
/ Beneficial Owner ,
Compliance ,
Corporate Transparency Act ,
Disclosure Requirements ,
Enforcement Actions ,
FinCEN ,
Limited Liability Company (LLC) ,
New York ,
Penalties ,
Reporting Requirements ,
Transparency
A common question we receive from founders is whether to organize their start-up business as a corporation or as an LLC. While there are many non-tax-related factors that need to be considered, this is often (at least in...more
The Securities and Exchange Commission (the “SEC”) recently voted to propose temporary rules to permit companies to provide equity compensation to certain workers known as “gig” or “platform” workers....more
On November 2, 2020, the Securities and Exchange Commission (the “SEC”) voted to amend its capital raising rules for Regulation Crowdfunding (“Regulation CF”) with the objective of promoting capital formation and expanding...more
On April 3, 2019, Finhub, the SEC’s Strategic Hub for Innovation and Financial Technology, released the “Framework for ‘Investment Contract’ analysis of digital assets” (the “Framework”) providing principles for analyzing...more
What are the similarities between a one dollar bill, a share of a company, and a prepaid gift card? The answer is … not so much! The same is true of the similarities between virtual currencies, security tokens, and utility...more
11/12/2018
/ Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Howey ,
Initial Coin Offering (ICOs) ,
Popular ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Token Sales ,
Virtual Currency
Mintz attorneys are often asked as to why we don’t simply provide “forms” on our website that can be downloaded and used. After all, a number of law firms let you download term sheets and other forms such as SAFEs. Our simple...more
Letter from the Editors -
Dear Readers,
In this issue we focus on a number of basics for building growth enterprises. We lead off with a terrific podcast on the importance of assembling a strong board of directors. We...more
Small venture capital funds and special purpose vehicles, which otherwise qualify as “venture capital funds,” can now raise money from up to 250 beneficial owners and remain within the 3(c)(1) exemption of the Investment...more
Letter from the Editors -
As Tolstoy once wrote, “Spring is the time of plans and projects.” Hopefully, the snows of winter are finally behind us, and it’s time to look forward, build, and create! We at Mintz Levin continue...more
Letter from the Editors -
All everyone can talk about these days are cryptocurrencies and the stock market. While there are still skeptics regarding cryptocurrencies and Initial Coin Offerings (ICOs), there is little doubt...more
Letter from the Editors -
Words are very powerful and the language we use often frames a discussion. For example, the term “shareholder activist” sounds like a consumer friendly person who has everyone’s best interests at...more
Historically, most startup companies were funded either by the offering of equity or by loans in the form of convertible promissory notes. Recently, however, there have been some hybrid instruments created to fund startups....more
Seniority Matters -
There is little doubt that activity in the trading of secondary shares of private companies remains robust. Private companies are staying private longer and there seems to be an unlimited demand to buy...more
Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in...more
Letter from the Editors -
Dear Readers,
Our client, Benji Cohen, was running an Energy Markets Division at Macquarie when he had a lightbulb moment. Everywhere he looked valuation models were being put together in...more