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Legal Ninja Snapshot: Negative Vesting – Maybe Legal But Really a Good Idea?

Case law about virtual employee participation programs (VSOP), which are still the predominant form of employee participation in German start-ups, are rare. Earlier this year, the Regional Labour Court of Munich upheld...more

OLNS#7 – Flip it Right: US-Holdings für deutsche Start-ups

Mit unseren auf Technologietransaktionen spezialisierten Teams in allen wichtigen globalen Märkten begleiten wir zahlreiche deutsche Technologieunternehmen auf ihrem Wachstumspfad. Als eine der führenden Tech-Kanzleien...more

OLNS#7 – Flip it Right: U.S. Holding Structures for German Start-ups

In substantially all of the major world markets, we have dedicated technology lawyers who support young German technology companies on their growth trajectory through all stages. As one of the top tech law firms in the world,...more

Deal Flow 4.0: 5 Things We Learned About European Tech Deal Terms in 2023

Venture capital investment in European startups reached over $60B last year, higher than pre-pandemic levels but lower than the highs of 2021 and 2022. To see how this changed deal terms, Orrick used in-house technologies,...more

OLNS#11 – Bridging the Pond – U.S. Venture Capital Deals from a German Market Perspective

In substantially all the major world markets, we have dedicated technology lawyers who support young German technology companies on their growth trajectory through all stages. As one of the top tech law firms in the world, we...more

Deal Flow 3.0: European Venture Capital Deal Term Review 2022

Foreword - Despite a shift to economic headwinds, investors injected more than $95B into the European tech market in 2022, the second-largest amount ever. To see how deal terms changed, Orrick developed new technologies and...more

OLNS#3 – Employment Law for Tech Companies (relaunched edition)

Young technology companies are focused on developing their products and bringing VC investors on board. Every euro in the budget counts, personnel is often limited, and legal advice can be expensive. For these reasons, legal...more

OLNS#10: University Entrepreneurship & Spin-offs in Germany – Set-up / IP / Financing and Much More

In substantially all the major world markets, we have dedicated technology lawyers who support young German technology companies on their growth trajectory through all stages. As one of the top tech law firms in the world, we...more

OLNS#9: Venture Capital Deals in Germany – Pitfalls, Key Terms and Success Factors Founders Need to Know

In substantially all the major world markets, we have dedicated technology lawyers who support young German technology companies on their growth trajectory through all stages. As one of the top tech law firms in the world, we...more

OLNS#8: ESOPs, VSOPs & Co – Strukturen / Steuern / Praxisthemen

Mitarbeiterbeteiligungsprogramme spielen für junge Unternehmen eine entscheidende Rolle bei der Gewinnung und Bindung von Top-Talenten. Eine Beteiligung am Unternehmen belohnt Mitarbeiterinnen und Mitarbeiter dafür, dass sie...more

OLNS#8: ESOPs, VSOPs & Co – Structuring / Taxes / Practical Issues

Employee-ownership programs (or in short "ESOPs") play a critical role in attracting and retaining top talent to fledgling young companies. Stock options reward employees for taking the risk of joining a young, unproven...more

Will (almost) every U.S. VC investment in German startups require FDI approval in the future?

The German Government is about to tighten the control of foreign direct investments (FDI) in German companies—again! The suggested changes might impede or at least delay non-EU (in reality mainly U.S.…) investments in German...more

OLNS#7 – Flip it Right: Two-Tier U.S. Holding Structures for German Start-ups

Mit unseren auf Technologietransaktionen spezialisierten Teams in allen wichtigen globalen Märkten begleiten wir zahlreiche deutsche TechUnternehmen auf ihrem Wachstumspfad. Als eine der führenden Tech-Kanzleien weltweit...more

OLNS #6 – Leading Tech Companies through a Downturn

Downturns can be challenging for any company, but the current COVID-19 pandemic shows once more (as the financial crisis did in 2008 and 2009) that the effects of such a crisis on start-ups can be particularly severe....more

OLNS #5 – Venture Financings in the Wake of the Black Swan

Headed into 2020, start-ups accustomed to easy venture capital (“VC”) dollars already faced leaner times, with VC funding having already cooled in Q4/2019. And then along came COVID-19... When you consider the shock waves...more

OLNS #4 – Corporate Venture Capital

I. Einleitung - Weltweit verändern die Digitalisierung und der Einsatz moderner Technologien die Wertschöpfungsketten radikal und stellen mitunter sogar ganze Branchen auf den Kopf. Unternehmen auf der ganzen Welt bemühen...more

OLNS #3 – Employment Law for Young Tech Companies

At start-up, young technology companies focus entirely on their products, want to pitch and bring VC investors on board. Every euro in the budget counts, personnel is often limited, and legal advice seems expensive. For these...more

OLNS#2 – Convertible Loans for Tech Companies

Due to their flexibility and reduced complexity compared to fully-fledged equity financings, convertible loans are an important part of a startup's financing tool box. In a nutshell: a convertible loan is generally not meant...more

OLNS #1 – Venture Debt for Tech Companies

For emerging technology companies, gaining access to financial resources is a key challenge. Traditional bank loans are often unavailable, and the financial means of the founders are usually limited. An (equity) financing by...more

Go West: Venture Financing and Business Expansion Projects in the United States - Practical Guidelines for German Technology...

As the U.S. and German tech ecosystems become more closely connected, raising capital in the U.S. market is becoming a strategic consideration for many fast-growing German tech companies. For some, establishing a presence in...more

Orrick’s Guide to Venture Capital Deals in Germany – 2018 Edition

Venture Capital Deals in GermanyNegotiating venture capital financing agreements for privately-held technology companies raises business, legal, tax, intellectual property, employment and liability issues. If you don’t get...more

Go West: Venture Financings and Expansion Projects in the United States

At $15 billion, venture capital and private equity investment flow from the United States into Germany in Q1 2017 is already triple the levels of the prior two years. As the U.S. and German tech ecosystems become more closely...more

Corporate Venture Capital 2017 - Structures, Challenges, Success Factors

In a time of ever-shorter innovation cycles and the increased digitalization of many value-added chains, established businesses need to constantly evolve and reinvent themselves – even going so far as to rethink their core...more

Corporate Venture Capital 2017 - Strukturen, Herausforderungen, Erfolgsfaktoren

In a time of ever-shorter innovation cycles and the increased digitalization of many value-added chains, established businesses need to constantly evolve and reinvent themselves – even going so far as to rethink their core...more

German Parliament's IT-Security Act Covers Critical Infrastructure

On June 12, 2015, the German Parliament (Deutscher Bundestag) passed an Act to Improve the Security of Information Technology Systems ("IT-Security Act"). The new legislation requires operators of so-called critical...more

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