Guidance

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.
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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.
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IP

Is There A Legislative Fix for Biotech Patents?

By Matthew I. Kreeger and Christopher Jamieson Kendall

A string of Supreme Court of the United States rulings demonstrate a lack of patent protection for biotech inventions, and SCOTUS efforts to explain its long-held exceptions to Section 101 – laws of nature, physical phenomena, and abstract ideas – have created greater confusion and an increased number of ineligible patents. This article argues that a legislative fix may be the best remedy to the biotech patent issue.
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Funding

Early-Stage Financing Structures

By Daniel Kahan

Emerging companies looking to raise capital from outside investors most commonly do so via one of three different structures: preferred stock, convertible debt, or other convertible instruments. Learn the differences of each structure to carefully evaluate which is best for your business.
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Funding

Howey Got Here: SEC Issues Guidance on Token Offerings

By Jay Baris, Daniel Kahan, Joshua Ashley Klayman and Alfredo Silva

Token offerings, also known as “initial token offerings,” “token launches,” “token sales,” “initial coin offerings,” or “ICOs,” represent a new capital-raising method being explored by many emerging companies; venture, hedge, and private equity funds; large and well-established corporations; and others hoping to raise significant amounts of money quickly and from a broad base of potential participants. This article describes guidance issued by the SEC on this emerging investment tool.
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Exit

The Most Common Acquisition Structures

By Tim Harris

MoFo partner Tim Harris explains several of the most common acquisition structures for startups, including stock purchase transactions, merger transactions, and asset purchase transactions. Watch this video to learn more.
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