Guidance

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.
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.
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.
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.
Formation

Equity Vesting: Does One Size Fit All?

By Jesse Finfrock

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.
Expansion/Funding

Tips for Startups to Avoid Running Afoul of Securities Laws

By Ali Nardali and Aria Kashefi

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

UK Social Venture Structuring Guide

By MoFo ScaleUp Team

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.