The following is an excerpt from The Start-Ups & Emerging Companies Guidebook, a preliminary discussion on best practices and strategies for start-ups and emerging companies to easily leverage. You have a great idea for a new...more
11/12/2025
/ Capital Raising ,
Compensation & Benefits ,
Early Stage Companies ,
Employee Benefits ,
Employee Incentive Plans ,
Equity Grants ,
Phantom Stock Plans ,
Profits Interests ,
Qualified Restricted Stock Units (RSUs) ,
Restricted Stocks ,
Section 409A ,
Startups ,
Stock Options
A founder’s success may hinge on selecting a group of like-minded and passionate individuals to join the business. After all, as Steve Jobs reminds us, “a small team of A+ players can run circles around a giant team of B and...more
10/31/2025
/ At-Will Employment ,
Compensation & Benefits ,
Contract Terms ,
Employee Benefits ,
Employment Contract ,
Hiring & Firing ,
Independent Contractors ,
Intellectual Property Protection ,
IP Assignment Agreements ,
Misclassification ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Termination
As technology becomes more prevalent in business, the need to understand intellectual property has become of paramount importance. Broadly speaking, intellectual property describes intangible assets that are subject to...more
10/15/2025
/ Copyright ,
Intellectual Property Protection ,
IP Assignment Agreements ,
Non-Disclosure Agreement ,
Patents ,
Privacy Policy ,
Startups ,
Technology Sector ,
Terms of Use ,
Trade Secrets ,
Trademarks
Even before formation, it is critical to consider how a business will be funded, both initially and in the long term. A business’s initial capital structure can have important implications for the type of financing it is able...more
9/30/2025
/ Capital Formation ,
Capital Raising ,
Convertible Notes ,
Corporate Finance ,
Debt Instruments ,
Equity ,
Equity Financing ,
Form D Filing ,
Investors ,
Lenders ,
Loans ,
Recordkeeping Requirements ,
Regulation D ,
Securities Regulation ,
Seed Financing ,
Small Business ,
Startups ,
Venture Capital
As corporate attorneys, we come into regular contact with new businesses and have the opportunity to watch as ideas evolve into products, services and creations that better serve society. We also are acutely aware of the...more
9/17/2025
/ Best Practices ,
Business Development ,
Business Entities ,
Business Formation ,
Business Strategies ,
C-Corporation ,
Corporate Counsel ,
Corporate Governance ,
Emerging Growth Companies ,
Entrepreneurs ,
Incorporation ,
Limited Liability Company (LLC) ,
Limited Partnerships ,
Partnerships ,
S-Corporation ,
Small Business ,
Sole Proprietorship ,
Startups
Effective January 1, 2024, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) will require certain newly formed and pre-existing entities to submit information regarding their beneficial owners...more
On January 8, 2021, the U.S. Small Business Administration (“SBA”), in consultation with the Department of Treasury, announced the re-opening of the Paycheck Protection Program (“PPP”) to first-time borrowers and certain...more
On December 27, 2020, the President signed into law the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, an integral portion of the Consolidated Appropriations Act of 2021 (the “Act”). As detailed in our...more
Congress has reached a bi-partisan agreement on the Consolidated Appropriations Act of 2021 (the “Act”), which includes a supplemental relief package aimed at mitigating the continued economic impact of COVID-19 on American...more
The U.S. Small Business Administration (the “SBA”), in consultation with the Department of the Treasury, has further updated its Frequently Asked Questions (“FAQs”) regarding the issuance of Loan Necessity Questionnaires to...more
The U.S. Small Business Administration (the “SBA”) is requiring lenders to obtain completed “economic need” questionnaires (the “Questionnaire”) from Paycheck Protection Program for-profit and nonprofit borrowers (“PPP...more
11/6/2020
/ Assessment ,
CARES Act ,
Coronavirus/COVID-19 ,
Eligibility ,
For-Profit Corporations ,
Good Faith ,
Liquidity ,
Loan Forgiveness ,
Nonprofits ,
Paycheck Protection Program (PPP) ,
SBA
Earlier this month, the U.S. Small Business Administration (the “SBA”) issued Procedural Notice Control No. 5000-20057 (the “Guidelines”), providing guidance with respect to M&A transactions involving entities with...more
The Federal Reserve recently expanded its Main Street Lending Program (the “Program”) to three separate loan facilities: the Main Street New Loan Facility, the Main Street Priority Loan Facility and the Main Street Expanded...more
On June 5, 2020, the President signed the Paycheck Protection Program Flexibility Act of 2020 (the “Act”), a bipartisan measure aimed at providing additional flexibility and extended relief to small business borrowers under...more
On Friday, May 15, 2020, the Small Business Administration (“SBA”) released the Paycheck Protection Program Loan Forgiveness Application (the “Application”) and instructions (the “Instructions”), which, together with...more
The Small Business Administration (“SBA”) has further updated its Frequently Asked Questions (“FAQs”) regarding implementation of the Paycheck Protection Program (“PPP”), to extend the repayment date for purposes of the safe...more
On May 13, 2020, the Small Business Administration (“SBA”), in consultation with the Department of Treasury, updated its Frequently Asked Questions (“FAQs”) regarding implementation of the Paycheck Protection Program (“PPP”),...more
On May 5, 2020, the Small Business Administration (“SBA”) updated its Frequently Asked Questions (“FAQs”) regarding implementation of the Paycheck Protection Program (“PPP”), to specifically address a one-week extension of...more
The Small Business Administration (“SBA”) has issued a supplemental Interim Final Rule (the “Rule”), along with additional Frequently Asked Questions issued in consultation with the Department of Treasury (released on Friday,...more
On April 23, 2020, the Small Business Administration (“SBA”), in consultation with the Department of Treasury, released supplemental guidance in the form of Frequently Asked Questions (“FAQs”) with respect to the...more
The Small Business Administration (“SBA”) has issued a supplemental Interim Final Rule (the “Rule”) providing additional guidance with respect to eligibility criteria under the Paycheck Protection Program (“PPP”). The Rule...more
As small businesses attempt to navigate the Paycheck Protection Program and other available federal relief, mid-sized businesses have awaited guidance on the Main Street Lending Program (the “Program”) and related corporate...more
In connection with the relief being offered to small businesses as a result of the impact of COVID-19, the CARES Act has modified certain provisions of the Small Business Administration’s (“SBA”) size and affiliation...more
The Small Business Administration (“SBA”) has released Interim Final Rules (“Rules”) regarding implementation of the Paycheck Protection Program (“PPP”) under the CARES Act. These Rules are intended to provide guidance to...more
On March 31, 2020, the Department of Treasury released preliminary guidelines (“Guidelines”) for prospective participants in the Paycheck Protection Program (“PPP”), a cornerstone of the newly enacted CARES Act. Per the...more