Selecting the right legal structure is one of the most important initial decisions made by a founder.
Selecting the right legal structure is one of the most important initial decisions made by a founder.View Articles »
Understanding the ins and outs of capital raising is crucial to a startup’s success.View Articles »
Many legal issues come into play as a company expands.View Articles »
Protecting IP is one of the most vital concerns for any startup.View Articles »
Many founders aim for a successful exit, either through a sale or IPO.View Articles »
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
To “B” or Not to “B”
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.
Types of Financing Driving Impact Investing
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.
Breaking the American Market: How to Flip into the US
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.
Ten Key Legal Issues to Consider when Moving From the UK to the US
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.