GUIDANCE

FORMATION

Selecting the right legal structure is one of the most important initial decisions made by a founder.

FUNDING

Understanding the ins and outs of capital raising is crucial to a startup’s success.

EXPANSION

Many legal issues come into play as a company expands.

IP

Protecting IP is one of the most vital concerns for any startup.

EXIT

Many founders aim for a successful exit, either through a sale or IPO.

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

Expansion

What Should a Startup Consider When Administering Stock Option Plans?

By Tim Harris

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

By MoFo ScaleUp Team

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

By MoFo ScaleUp Team

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?

By Tim Harris

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?

By Tim Harris

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

By MoFo ScaleUp Team

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

By Jennifer Lee Taylor and Maggie Mayo

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

By Suz Mac Cormac

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

By Jay Baris and Bradley Berman

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

By Chuck Comey and Mike O'Bryan

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

By MoFo Capital Markets Team

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

By Tim Harris

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

By Suz Mac Cormac

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?

By John Delaney and Michael O. Chen

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

By Obrea O. Poindexter and Sean Ruff

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

By Murray Indick and Jesse Finfrock

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

By Murray Indick and Jesse Finfrock

This article weighs the pros and cons of crowdfunding versus venture capital.

Guidance

Chinese Interest High Despite Uncertainty

By Charles Comey

How does China view the U.S. as an investment market under the Trump administration? This article explains why investor interest remains high.

Funding

Delaware Governor Signs Groundbreaking Blockchain Legislation into Law

By Spencer D. Klein and F. Dario de Martino

This article details the newly enacted Delaware blockchain legislation.

Funding

The Monetary Authority of Singapore Clarifies Its Treatment of Token Offerings

By Nick Davies, Daniel R. Kahan, Joshua Ashley Klayman and Alfredo B. D. Silva

In August 2017, the Monetary Authority of Singapore ("MAS") provided its most direct guidance yet on how it intends to treat "token offerings."