Formation
Why is Failing to File an 83(B) Election a Big Mistake?
Failing to file an 83(B) election can be incredibly costly to a startup founder. In this video, MoFo partner Tim Harris explains the importance of the 83(B) election.
GUIDANCE
FORMATION
Selecting the right legal structure is one of the most important initial decisions made by a founder.
View Articles »FUNDING
Understanding the ins and outs of capital raising is crucial to a startup’s success.
View Articles »EXPANSION
Many legal issues come into play as a company expands.
View Articles »IP
Protecting IP is one of the most vital concerns for any startup.
View Articles »EXIT
Many founders aim for a successful exit, either through a sale or IPO.
View Articles »Guidance
Funding
10 Steps to Increase the Odds of a Successful Angel or Seed Fundraising Round
This article was originally published on Octane blog, the official online publication of the Entrepreneurs’ Organization. It has been reposted here with permission.
Funding
What Does a “Down Round” Mean?
When a startup raises a new round of capital at a lower price per share as a prior round, it is referred to as a “down round.” In this video, MoFo partner Tim Harris details why this might occur and explains the antidilution adjustments needed for previous investors.
Expansion
What Should a Startup Consider When Administering Stock Option Plans?
A startup’s stock option plan is likely its greatest employee benefit, but also a dangerous source of potential finance, tax, and accounting problems. In this video, MoFo partner Tim Harris describes several key issues to consider when administering stock option plans to employees.
Expansion
Tips for startups to get ahead of corruption risk
The features of startups that are critical to success can also create an environment fraught with corruption risk because risk tolerance tends to be high and growth tends to outpace controls.
Expansion/Guidance
What founders need to ask their investors as they scale their companies
Partner John M. Rafferty offered insights into how entrepreneurs can take their startup to a scaleup in the Silicon Valley Business Journal question and answer feature “What founders need to ask their investors as they scale their companies.”
Formation
How Can a Startup Properly Set Up a Stock Incentive Plan?
In this video, MoFo partner Tim Harris specifies several legal issues to recognize when a startup establishes a stock incentive plan.
Funding
What are the Typical Angel Investment Structures?
MoFo partner Tim Harris explains the two typical angel investment structures (equity investments and convertible debt investments) and the differences between them. Watch this video to learn more.
Exit
Selling Your Business: Transaction Structures
Our team addresses the pros and cons of each of the most common ways to structure the sale of your business.
IP
Don’t wait to address common trademark issues for startups
Your startup has a name. Now what? This article describes how your company should navigate common trademark issues.
Formation
A Startup Cheat Sheet for the Baffling World of Company Structures
LLC? C Corp? B Corp? PBC? L3C? The alphabet soup of terminology has created confusion over what corporate forms and certifications are, let alone what one should consider as an entrepreneur.
Expansion
The Guide to Social Media and the Securities Laws
MoFo's Guide to Social Media and the Securities Laws summarizes how regulation has evolved in the face of the growing use of social media.
Exit
Assessing Acquisition Offers from Chinese Buyers
When a technology company board receives an acquisition offer from a Chinese buyer, several regulatory and practical closing issues should be carefully considered. This article sheds light on issues related to the Committee on Foreign Investment in the United States (CFIUS), Taiwan assets, and more.
Exit
Aiming for an IPO? Check out these MoFo resources
Many founders aim for an initial public offering as their exit strategy when forming or growing their business. Morrison & Foerster offers startups many resources to help plan for that exit, including the following:
IP
Most Common Intellectual Property Mistakes of Startups
MoFo partner Tim Harris describes three common intellectual property mistakes that startups make involving securing intellectual property titles, intention agreements, and proper licensing. Watch this video to learn more.
Formation
When and How to “B” – Responsible B Corp Conversion
For companies considering converting to a form of benefit corporation, several factors should be carefully considered. This article details the many factors a social enterprise should examine before converting to a Delaware Public Benefit Corporation or California Social Purpose Corporation.
Expansion
Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?
A recent Ninth Circuit case served as a wake-up call to website operators and other online service providers who rely on volunteers to curate content.
Expansion
10 things you need to know before taking your FinTech startup stateside
Concerns about the FinTech sector in the U.S. have grown in recent months as a result of some high-profile regulatory investigations and signs that the market has started to mature. This article details tips for international fintech companies considering a move to the U.S.
Funding
Common SAFE Mistakes
Startups should be mindful of common fundraising mistakes at the seed financing stage. This article provides several examples.
Funding
Consider Crowdfunding at Your Own Peril
This article weighs the pros and cons of crowdfunding versus venture capital.
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