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.
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.
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.
Hong Kong Partner Thomas Chou shares five costly and avoidable mistakes to avoid when establishing a startup in Hong Kong or China.
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.
With the German venture capital market almost doubling in 2017, it is worth looking at what makes Germany an attractive market.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
What is a "B Corp" and should your company pursue "B Corp" certification? This overview describes "B Corporations" and when a company should become B Certified.
While investment has traditionally been concerned with optimizing financial returns, modern day choices also include the option for tremendous social and environmental benefit alongside profits. With a number of financing options available, the market is realizing that there's more than one advantage to impact investing. Learn more about the types of financing driving impact investing.
Considering moving your startup from Europe to the United States? Read about why "flipping" into a U.S. corporate legal structure could be the best option for your business.
Businesses based in the UK can face numerous regulatory and legal complexities as they seek to enter the U.S. market. Our London team describes 10 key legal issues for UK-based startups to consider when moving stateside.