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Board of Directors Venture Capital

Morgan Lewis

Staying in the Fight: Getting Your Company Through the Down Round to the Next Round of Financing

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A “down round” is when a company raises capital based on a valuation that is lower (often materially so) than the company’s valuation in one or more prior financing rounds. Depending on the severity of the situation, a “down...more

Woodruff Sawyer

My Name’s on the Door: Founder Supremacy in Delaware After Moelis

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Founding a successful company is enormously difficult. An oft-cited statistic is that 75% of venture-backed start-ups fail, a percentage that is probably both understated and fails to consider all the companies that never...more

Orrick, Herrington & Sutcliffe LLP

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

Orrick, Herrington & Sutcliffe LLP

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

Baker Donelson

NVCA Revises Model Forms Post-Moelis Ruling

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The National Venture Capital Association (NVCA) is the self-designated flagship trade association of the venture capital (VC) industry. Its primary mission includes promoting consistency and efficiency in VC financing...more

K&L Gates LLP

Doing Business in Australia

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Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

Troutman Pepper

Delaware Court of Chancery Invalidates Common Governance Rights in Stockholder Agreement

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In West Palm Beach Firefighters’ Pension Fund v. Moelis & Company, the Delaware Court of Chancery invalidated a set of approval rights contained in a stockholder agreement as facially in conflict with Section 141(a) of the...more

Morrison & Foerster LLP

Maintaining the Balance of Power in Venture-Backed Startups: The Impact of Delaware’s Moelis Decision on Drafting Shareholder...

Venture capital investors with a penchant for more expansive views of preferred stockholder rights have cause for pause. While fundamentally more a commentary on drafting mechanics than anything, the ruling delivered by the...more

Seward & Kissel LLP

SEC Proposes Update to Definition of Qualifying Venture Capital Fund

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Who may be interested: Boards of Directors, Investment Advisers, Compliance Staff - Quick Take: The SEC proposed Rule 3c-7 under the 1940 Act, which would inflation adjust the dollar threshold for a fund to meet the...more

Farrell Fritz, P.C.

Out of Control! What the Elon Musk Compensation Case Reminds Us about Transactions with Controlling Stockholders

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Process still matters.  That’s the main takeaway from the Delaware Court of Chancery’s 200-page opinion striking down Tesla’s 2018 incentive package awarded to Elon Musk.  The court rescinded the incentive package mainly...more

Wilson Sonsini Goodrich & Rosati

2023 Delaware Corporate Law and Litigation Year in Review

Wilson Sonsini is pleased to present the 2023 Delaware Corporate Law and Litigation Year In Review. In 2023, the Delaware courts issued many decisions addressing an array of important topics, including director and officer...more

J.S. Held

Getting R.E.A.L. in Later Stage, Venture-Backed Companies

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Often later stage, venture-backed companies (“late-stage start-ups”) seek advice as they find themselves languishing in the neverland between being heavy on intellectual property (IP) assets and light on commercial products...more

DarrowEverett LLP

Venture Capital Firms Face New Reporting Requirement With California Law

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Over three and a half years since the death of George Floyd spurred some members of the venture capital community to enact promises to increase their investments in diverse entrepreneurs, California has enacted legislation in...more

Sheppard Mullin Richter & Hampton LLP

5 Things Corporate Boards Need to Know About Generative AI Risk Management

The use of artificial intelligence (AI) is booming. Investors and companies are pouring cash into the space, and particularly into generative AI (GAI), to seize their share of the market which McKinsey reports could add up to...more

Morrison & Foerster LLP

Common Provisions in Venture Capital Term Sheets: Dividends

This article is one in a series of articles explaining various terms commonly seen in term sheets issued by venture capital funds. We give example language based on the commonly referenced National Venture Capital Association...more

Freeman Law

Changes to Corporate Capital in Equity Financing Transactions, Part II.

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How Are Fiduciary Duties Applicable to Decisions Authorizing Changes to Corporate Capital? The first post in this series analyzed whether shareholders may seek remedies in the context of charter amendments to facilitate...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Summer 2022

In this issue of The Informed Board, we discuss how companies can position themselves as merger reviews grow lengthier and more difficult, and we explain the legal framework for NFTs so directors can provide informed...more

Quarles & Brady LLP

[Webinar] Venture Capital Portfolio Company Board Seats: Legal Implications and Best Practices - August 24th, 12:00 pm - 1:00 pm...

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Venture capital funds and investors often sit on the board of directors of their portfolio companies, providing opportunities to engage actively with the portfolio company management and helping the company grow. Wearing both...more

Orrick, Herrington & Sutcliffe LLP

Founder Series: Top Tips to Follow When Setting Up Your Private Limited Company

Orrick's Founder Series offers monthly top tips for UK startups on key considerations at each stage of their lifecycle, from incorporating a company through to possible exit strategies. The Series is written by members of our...more

Goodwin

Agencies Approve Final Rule: Computer-Security Incident Notification

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In This Issue. The Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC) and the Board of Governors of the Federal Reserve System (together, the Agencies) issued a final rule...more

WilmerHale

In Case You Missed It: Launch Links - August 2021 #5

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Some interesting links we found across the web this week: How Do I Find Money to Start My Business?  One of the most difficult elements of entrepreneurship in the early stages is the search for different ways to...more

WilmerHale

In Case You Missed It: Launch Links - June 2021 #2

WilmerHale on

Some interesting links we found across the web this week: No, NFTs Aren’t Copyrights - Non-fungible tokens (NFTs) seem like a viable way for artists to sell art online. But to what extent does this new crypto asset...more

Fox Rothschild LLP

Female Owned Fashion Businesses: From Your Garage To A Thriving Business, How To Start Building Your Dream

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Hashtags for women entrepreneurs and female owned business are becoming more prominent. Tag lines such as “Mom-preneur” #girlpreneur #womenceo, #girlboss #solopreneur #entreprenuerher abound in social media posts in the...more

Goodwin

What You Need To Know About Negotiating A Venture Term Sheet

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For any founder, whether a first-timer or a serial entrepreneur, it’s an exciting moment when you receive a term sheet from a venture capital fund for your company’s first preferred stock financing round. Excitement aside,...more

Fenwick & West LLP

Terms of IPO Lock-Up Agreements for Technology Companies Shift as Direct Listings and SPACs Gain Traction

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A recent Fenwick survey found that the length of IPO lock-up agreements for technology companies continues to predominantly be 180 days but that lock-ups are now increasingly subject to early release provisions in connection...more

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