What Kind of Lawyer Do You Need?
The answer depends on too many variables, so let’s assume you’re a high-tech early-stage company looking for capital with realistic prospects of doing say $50 million or more in five years (i.e., VC...
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The Elements of a Simple Angel Investment Term Sheet
Remember a term sheet agreement is not a deal until the check clears. Entrepreneurs sometimes assume an initial agreement with an angel is a commitment, so they start spending before any money is...
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Most Startups Don’t Need to Incorporate in Delaware
It used to be true that “everyone” incorporated in Delaware due to its more favorable terms, but many of these terms simply don’t apply to startups, or the differences don’t exist anymore. Most...
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The Nuts and Bolts of Founder’s Stock
In reality, so-called “founder’s” shares are simply common stock, issued at the time of startup incorporation, for a very low price, and normally allocated to the multiple initial players commensurate...
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Only Novices Ask Investors to Sign NDAs
Entrepreneurs often get the advice from their lawyers and friends to always get a Non-Disclosure Agreements (NDA or CDA) signed before disclosing anything about their new venture. Most investors and...
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Five Legal Traps Every Entrepreneur Should Avoid
Although every startup is unique, there are certain common avoidable mistakes that can lead to legal complications which jeopardize the long-term success of the business. I’m not suggesting that every...
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The Software Patent Problem
I always advise software startups to file patents to protect their “secret sauce” from competitors, and to increase their valuation. The good news is that a patent can scare off or at least delay...
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Breaking Up Is Hard To Do
A prospective client called recently and asked if we would do a valuation on a small, 8 year old business that has been profitable and provided a good living for its two owners almost since the...
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Licensing Your Intellectual Property for Fun and Profit
You have a brilliant new invention. Congratulations!But now what?In general, you have two choices: you can build a company, or you can license your concept to another company and you can earn ongoing...
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The Heart of Any E-2 Application
An experienced immigration attorney in Mesa, Arizona – where there is a great a deal of immigration activity, as you may imagine – contacted us to assist one of his clients with a business plan for an...
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