Guidance
Chinese Interest High Despite Uncertainty
How does China view the U.S. as an investment market under the Trump administration? This article explains why investor interest remains high.
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
Delaware Governor Signs Groundbreaking Blockchain Legislation into Law
This article details the newly enacted Delaware blockchain legislation.
Funding
The Monetary Authority of Singapore Clarifies Its Treatment of Token Offerings
In August 2017, the Monetary Authority of Singapore ("MAS") provided its most direct guidance yet on how it intends to treat "token offerings."
Expansion/Funding
Not a Token Gesture: Compensating Service Providers with Virtual Property
This article discusses the U.S. federal income tax consequences to employees (and other service providers, including directors, consultants and other advisers) who receive compensation in the form of tokens.
IP
Is There A Legislative Fix for Biotech Patents?
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.
Expansion
6 Legal Tips for Launching a Successful Agtech Startup in 2017
Agtech startups face challenges in initial formation and financing that are unique to their space. This article provides curated tips for agtech companies.
Funding
Early-Stage Financing Structures
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.
Formation
Avoid These 5 Classic Mistakes Getting Your Startup off the Ground
Hong Kong Partner Thomas Chou shares five costly and avoidable mistakes to avoid when establishing a startup in Hong Kong or China.
IP
Why Should Your Startup Care About Intellectual Property?
In this short video, MoFo partner Tim Harris explains the many ways intellectual property can add value to a startup. Watch this video to learn more.
Expansion/Funding
A Quick Guide to VC Investment in Germany
With the German venture capital market almost doubling in 2017, it is worth looking at what makes Germany an attractive market.
Funding
Howey Got Here: SEC Issues Guidance on Token Offerings
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.
Expansion
Venture Capital Corner: What startups need to know about D&O liability insurance
When a startup company gets far enough along to begin thinking about protecting their assets, D&O insurance policies can cover the necessary bases. Read the full article.
Exit
The Most Common Acquisition Structures
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.
IP
IP Due Diligence Considerations in Life Sciences Deals
IP due diligence allows investors to accurately assess the value of the underlying IP and associated risks. This article describes what is considered in life sciences deals. Read the full article.
Formation
Equity Vesting: Does One Size Fit All?
There are few things more important to entrepreneurs and investors than managing founder equity and some of the most frequent startup questions we field are about common stock vesting. This piece addresses these questions and explains the fundamentals of vesting. Read the full article.
Funding
What are the Key Terms of a Convertible Note Investment?
MoFo partner Tim Harris explains several key terms of a convertible note investment, including maximum conversion percentage, key negotiation, and conversion rights on maturity. Watch this video to learn more.
Formation
Equity Incentive Plan Considerations for Startup Founders
Equity incentive plans can be complicated. This article highlights initial considerations founders should think about as they evaluate the adoption of an equity compensation program.
Expansion/Funding
Tips for Startups to Avoid Running Afoul of Securities Laws
Stock options and other equity awards have historically been a common feature of the compensation packages offered by many startup companies to their employees and consultants. Yet many companies are often unaware of the pitfalls of the relevant security laws. This article provides guidance on common security law challenges faced by startup founders.
Formation
Social Enterprise – the Use of Corporate Forms to Promote Impact
If you've built a social enterprise, you now have many corporate forms to choose from. This article explains what corporate forms, new and existing, are available to maximize the impact of a social enterprise.
Formation
UK Social Venture Structuring Guide
Our London team, along with Thomson Reuters Foundation and UnLtd, created an interactive guide for UK-based social entrepreneurs to help determine the best legal structure for their social venture.
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