News & Analysis as of

Stock Options Venture Capital

Pillsbury - Propel

Equity Compensation: Navigating 409A Valuations

Pillsbury - Propel on

Private company clients frequently ask us about granting compensatory stock options to their founders, employees and other service providers, including board members, consultants and advisors. Options and other equity awards...more

BakerHostetler

Common Bad Decisions Startups Make During the Romance Phase

BakerHostetler on

Entrepreneurs with sound business ideas commonly make decisions that hinder early growth and capitalization. During the “Romance Phase,” the idea for a new product or service is fully developed, the initial team of talent is...more

Pillsbury - Propel

Authorized vs. Issued Shares

Pillsbury - Propel on

Our startup clients are sometimes asked by investors or government agencies to provide their number of authorized and issued shares—the difference between the two isn’t always obvious but is critical to understand....more

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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  The court rescinded the incentive package mainly...more

Morrison & Foerster LLP

What Is an 83(b) Election, and Do I Need to File One?

If you’re reading this, chances are this is not the first time you’ve heard of the 83(b) election (and if it is, then definitely keep reading). The “83” in “83(b) election” refers to Section 83 of the Internal Revenue Code,...more

Mintz - Employment Viewpoints

Employees’ Perspective on Source and Use for Series Financings and Acquisitions

A primary goal of many, if not all, founders of start-ups and similar early-stage companies is to grow the company in a way that makes it an attractive target for outside investment and/or acquisition. For many companies,...more

Cooley LLP

What is the Difference between 409A Valuations and Venture Capital Valuations?

Cooley LLP on

Many are seeking ways to aid Florida’s devastated communities in the aftermath of Hurricane Ian. In our prior article, “Informed Giving During Times of Crises,” we described how the tools of the tax lawyer can assist in...more

Orrick, Herrington & Sutcliffe LLP

Founder Series: Top Tips to Follow to Incentivise Your Team

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

Orrick, Herrington & Sutcliffe LLP

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

Fenwick & West LLP

De-Mystifying the “Flip:” European Companies Coming to the US

Fenwick & West LLP on

There a lot of matters to consider when a European company decides it wants to open operations in the U.S., and one common structure for doing so is anecdotally known as a “flip”—inserting a U.S. corporation above a European...more

WilmerHale

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

WilmerHale on

Some interesting links we found across the web this week: VC Firms Strive to Improve Diversity With New Industry Certification - Venture capitalists are increasing focusing on diversity inclusion, both in their own...more

WilmerHale

In Case You Missed: It Launch Links - May 2019 #3

WilmerHale on

Some interesting links we found across the web this week: Not So Fast…the (Unexpected) Consequences of Allowing Your Employees to Early Exercise Options - There are times when the early exercising of stock, options...more

Mintz

TechConnect - Your Law Firm Link to Industry News - July 2018

Mintz on

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

WilmerHale

Should Startups Extend the Window to Exercise Options?

WilmerHale on

Pinterest did it. Square did it. And Coinbase did it, too. These unicorns have all given departing employees more than the standard 90 days to exercise their stock options. They’ve extended the window to exercise options for...more

WilmerHale

In Case You Missed It: Launch Links - November, 2017 #2

WilmerHale on

Some interesting links we found across the web this week: One Angel Investor On Choosing Companies, Managing Risk And Supporting Women - Loretta McCarthy banks on women with her investment strategy....more

Womble Bond Dickinson

The ReSET – Handling Pesky Employees Who Get in the Way of a Deal

Womble Bond Dickinson on

Two interesting conversations played out recently – one dealing with the fallout from employees who tried to hold a company sale hostage, the other tentatively exploring how to give employees in advance a stake in the future....more

Foley & Lardner LLP

Five Tips for a Successful Exit

Foley & Lardner LLP on

Any number of factors can trigger a tech company’s exit: worn-out founders, anxious investors, industry consolidation, or wild, Instagram-like success. As tech founders and executives contemplate the possibility and timing of...more

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