February 5, 2018

Initial Coin Offering (ICO) Security vs Utility Issuance - Vincent Molinari

February 5, 2018

SCN Corporate Connect's Jane Kings sits down with Vincent Molinari - CEO of Liquid M. Capital, to discuss the difference between Security and Utility tokens in ICOs.

Featured

Feb 19, 2019

Convertible Notes for Startups

Feb 19, 2019

Hear the emerging growth advisors and creators of Mintz Levin's MintzEdge program, Daniel DeWolf and Samuel Effron, discuss the ins and outs of convertible notes for startups, including the advantages and disadvantages from a legal and funding perspective.

Feb 19, 2019

Feb 12, 2019

How to Distribute Equity in Your Start-Up

Feb 12, 2019

BY PATRICK ELAHMADIE

One of the most difficult decisions entrepreneurs face when planning the growth of their start-up is determining how to distribute equity among the founders, the current (and/or future) management team and other employees and consultants. There is no one-size-fits-all model for determining to whom to give equity and how much to give them: this process requires an in-depth look at a number of factors pertaining to the company, generally, and the recipient of the equity, specifically.

Feb 12, 2019

Jan 2, 2019

CAUTION: Director Veto Rights in Financing Documents May Constitute “Disproportionate Voting”

Jan 2, 2019

By Lewis Geffen and Soobin Kim

Section 141(d) of the Delaware General Corporations Law (DGCL) allows the certificate of incorporation (COI) of a Delaware corporation to confer upon one or more directors voting powers greater than or less than those of other directors, thus resulting in “disproportionate voting” rights amongst the Directors. When VC funds, their portfolio companies and VC lawyers read or think about DGCL 141(d) and this disproportionate voting, they usually, and narrowly, have in mind only the question of whether certain directors may have more than or less than one vote per Director on matters voted on by the Board, or a committee of the Board.

Jan 2, 2019

Dec 5, 2018

How To Get Started: Dividing Equity, Getting Incorporated and Other Details When Beginning Your Business!

Dec 5, 2018

By Dinesh Melwani and Will Perkins

Posted on Medium (Nov. 8, 2018)

Just about every emerging business/start-up lawyer could write a book (and many have!) on the topics of equity division, incorporation and the innumerable ‘other details’ founders need to keep in mind when starting a business! We think you can only properly address these issues with any specificity in a face-to-face or phone-to-phone conversation and, with that in mind, this writing focuses instead on some high level concepts and discussion points to cover with fellow founders in advance of your first sit-down with corporate legal counsel — a meeting we strongly recommend (and which, dare I say, many firms (big and small) will offer at no charge)!

Dec 5, 2018

Nov 26, 2018

LLCs and Convertible Debt – Too Good to be True?

Nov 26, 2018

By Scott Pinarchick and Will Bussiere

Founders choosing a structure for their business are often drawn to the limited liability company, or LLC, for its overall flexibility in both taxation and governance matters. And founders seeking access to early capital, not to mention seed investors themselves, are often drawn to the convertible note as a simple, less expensive means to raise funds. But LLCs and convertible debt don’t always mix.

Nov 26, 2018

Nov 12, 2018

Digital Tokens: Rethinking the Term “Cryptocurrency”

Nov 12, 2018

By Daniel DeWolf, Rachel Gholston, and Marine Bouaziz

What are the similarities between a one dollar bill, a share of a company, and a pre-paid gift card? The answer is……..not so much! The same is true of the similarities between virtual currencies, security tokens, and utility tokens; in truth, not so much. Yet, if you follow the world of digital tokens in the media and popular press, you would think that virtual currencies, security tokens, and utility tokens are all very similar because they are often concurrently and interchangeably discussed under the topic of “cryptocurrency.”

Nov 12, 2018

Nov 1, 2018

Issues in Chinese Foreign Direct Investment in U.S. Early Stage Biotechnology Companies

Nov 1, 2018

By Flora Brookfield

There has been a marked increase in the amount of money being invested by Chinese investors into U.S. early stage biotechnology companies since 2017, spurred on by direct encouragement from Beijing through its Made in China 2025 industrial policy, which specifically targets biotech as a strategic industry eligible for greater government backing. In the first half of 2018, Chinese venture capital funds and high net worth family offices invested $5.1 billion in US biotech companies, exceeding the $4 billion invested by Chinese investors in all of 2017.

Nov 1, 2018

Oct 3, 2018

Founder’s Stock – a Legal Fiction

Oct 3, 2018

By Michael Bill

In common usage, a founder is an individual who creates or helps create a company, but in legal terms, there is no such thing as a “founder” or “founder’s stock,” only early participants in a company’s organization and ownership of its initial equity capital. Why is this so? Because, for all practical purposes (from a startup’s point of view), there are two types of stock – common stock and preferred stock – and “founders” are just the initial holders of the company’s common stock, usually before any financing, in-licensing, or contribution of assets.

Oct 3, 2018

Sep 19, 2018

Liability Considerations for Delaware Public Benefit Corporations

Sep 19, 2018

By Christina S. Bailey and William S. Perkins

A public benefit corporation (PBC) is a statutorily designated type of corporation in Delaware that melds two concepts that are often seen as opposites: maximizing profit and providing public benefit. This choice of entity presents a compromise for those companies who are committed to operating in a responsible and sustainable manner, while acting as a for-profit entity.

Sep 19, 2018

Aug 27, 2018

The Form is Always Wrong

Aug 27, 2018

By Daniel DeWolf and Samuel Effron

Mintz attorneys are often asked as to why we don’t simply provide “forms” on our website that can be downloaded and used. After all, a number of law firms let you download term sheets and other forms such as SAFEs. Our simple answer is: THE FORM IS ALWAYS WRONG! Legal forms are merely starting points and most forms are typically only half an inch deep. A successful enterprise truly needs so much more depth than what is provided in a basic form.

Aug 27, 2018

Build Your Team 20
- Feb 12, 2019 How to Distribute Equity in Your Start-Up Feb 12, 2019
- Feb 14, 2018 New York City Bans Salary History Inquiries Feb 14, 2018
- Dec 18, 2017 Are You An Owner Or Employee? The Inflexibility of the Federal Tax Rules To Be Treated As Both. Dec 18, 2017
- Jun 8, 2017 Provide Transparency and Under-Commit/Over-Deliver with Your Board Jun 8, 2017
- Jun 8, 2017 Managing Expectations on a Board of Directors Jun 8, 2017
- Jun 8, 2017 Leadership Responsibility of the CEO on the Board of Directors Jun 8, 2017
- Jun 8, 2017 Building Great Companies is a “Team Sport” Jun 8, 2017
- Jun 8, 2017 Board Composition and the Fear of Losing Control of Your Company Jun 8, 2017
- Jun 8, 2017 The Importance of Team Dynamics on a Board of Directors Jun 8, 2017
- Jun 8, 2017 Treat Board Seats as Very Valuable Assets Jun 8, 2017
- Jun 7, 2017 The Gig Economy, Independent Contractors, and New York Law Jun 7, 2017
- Feb 28, 2017 Building a Startup Team - "Smartest Person in the Room" Syndrome Feb 28, 2017
- Jan 30, 2017 The Importance of Employment Agreements Jan 30, 2017
- Feb 24, 2016 Immigration Considerations for a Start-Up Company Feb 24, 2016
- Feb 17, 2016 H-1B Checklist for Start-Up Company Feb 17, 2016
- Feb 15, 2016 A Balanced Approach to Founder's Equity Feb 15, 2016
- Feb 1, 2016 Why You Should be Using a Board of Advisors and How to Get the Most Benefit From It Feb 1, 2016
- Jan 7, 2016 Why Does a Company Issue Stock Options? Jan 7, 2016
- Jan 7, 2016 The Transformation of the VC Business Model Jan 7, 2016
- Jan 1, 2016 Starting a startup as CTO / Head of Product Jan 1, 2016
Exits 3
- Jul 18, 2018 What to Do Now if You Want to Sell Your Company Jul 18, 2018
- Jan 7, 2016 Don’t Make These Ten Mistakes When Selling Your Business Jan 7, 2016
- Jan 6, 2016 Preparing to Sell a Privately-Held Business Jan 6, 2016
Form A Company 13
- Feb 12, 2019 How to Distribute Equity in Your Start-Up Feb 12, 2019
- Jan 2, 2019 CAUTION: Director Veto Rights in Financing Documents May Constitute “Disproportionate Voting” Jan 2, 2019
- Dec 5, 2018 How To Get Started: Dividing Equity, Getting Incorporated and Other Details When Beginning Your Business! Dec 5, 2018
- Oct 3, 2018 Founder’s Stock – a Legal Fiction Oct 3, 2018
- Sep 19, 2018 Liability Considerations for Delaware Public Benefit Corporations Sep 19, 2018
- Aug 27, 2018 The Form is Always Wrong Aug 27, 2018
- Oct 31, 2017 Is a Series LLC Right for Your Business? Oct 31, 2017
- Sep 11, 2017 Incorporating Your Company - Chat with Dan DeWolf Sep 11, 2017
- Jul 5, 2017 7 Step Process for Creating a Fundable Startup Jul 5, 2017
- Jun 8, 2017 Key Considerations Other Than Cash in Selecting Investors for Your Startup Jun 8, 2017
- Feb 28, 2017 Term Sheets For Startups - Why Term Sheets Change Everything Feb 28, 2017
- Feb 15, 2016 A Balanced Approach to Founder's Equity Feb 15, 2016
- Jan 7, 2016 Your Executive Summary is the Key to Attracting the Attention of Investors Jan 7, 2016
Protect Your Data 8
- Mar 28, 2018 How to Leverage Privacy as a Key Competitive Advantage Mar 28, 2018
- Aug 23, 2017 The FTC’s Uber Consent Order: A Warning to Fast-Growing Companies Aug 23, 2017
- Aug 23, 2017 FTC Asked to Investigate Google’s Matching of “Bricks to Clicks” Aug 23, 2017
- Aug 2, 2017 Key Considerations for Adopting Ephemeral Communications Tools Aug 2, 2017
- Jan 7, 2016 What App Users Care About When Sharing Personal Data: Permissions Jan 7, 2016
- Jan 7, 2016 The (Best) Method to the Madness Behind Choosing a Company Name or Mark Jan 7, 2016
- Jan 7, 2016 Software Audits: Strategies for Licensees Jan 7, 2016
- Jan 7, 2016 FTC Takes Action Against Retail Tracking Start-Up Nomi Technologies Jan 7, 2016
Protect Your Idea 13
- Mar 1, 2017 Software Is Still Patent Eligible Mar 1, 2017
- May 24, 2016 Protecting Intellectual Property in Your Startup with Patents and Trade Secrets May 24, 2016
- Mar 30, 2016 Non-Disclosure Agreements: What You Need To Know Mar 30, 2016
- Mar 23, 2016 Patents 101: Protecting Innovations Mar 23, 2016
- Mar 23, 2016 What is Intellectual Property, and Why is it Important? Mar 23, 2016
- Mar 23, 2016 Preparing Your Portfolio For Prime Time: IP Due Diligence Mar 23, 2016
- Mar 21, 2016 9 Reasons Your Start-Up Needs Patents Mar 21, 2016
- Feb 15, 2016 Top Ten Reasons Why U.S. Trademark Searches are Important to Every Business Feb 15, 2016
- Feb 8, 2016 Do You Really Own Your Employee's Knowledge? Feb 8, 2016
- Jan 18, 2016 Trademarks and Surnames: Why Can’t I Use My Own Name? Jan 18, 2016
- Jan 12, 2016 The Top 5 Reasons an Employer Will Enforce Your Non-Compete Agreement Jan 12, 2016
- Jan 8, 2016 When Can You Claim A Color As Your Trademark? Jan 8, 2016
- Jan 7, 2016 FTC Takes Action Against Retail Tracking Start-Up Nomi Technologies Jan 7, 2016
Raise Capital 23
- Nov 26, 2018 LLCs and Convertible Debt – Too Good to be True? Nov 26, 2018
- Nov 12, 2018 Digital Tokens: Rethinking the Term “Cryptocurrency” Nov 12, 2018
- Nov 1, 2018 Issues in Chinese Foreign Direct Investment in U.S. Early Stage Biotechnology Companies Nov 1, 2018
- Jun 20, 2018 New Beneficial Owner Threshold Eases VC Fundraising Jun 20, 2018
- Oct 11, 2017 SAFEs: The (Not So) Simple Agreement for (Potential) Future Equity Oct 11, 2017
- Mar 1, 2017 Convertible Notes for Startups Mar 1, 2017
- Feb 21, 2017 How to Raise Money Feb 21, 2017
- Jan 23, 2017 Various Ways to Raise Capital Jan 23, 2017
- Dec 27, 2016 Regulation Crowdfunding: A Six-Month Update Dec 27, 2016
- Dec 27, 2016 Revised Rule 504: Another Tool in the Toolkit to Raise Capital Dec 27, 2016
- Feb 22, 2016 No Action Letter On Behalf Of Citizen VC Feb 22, 2016
- Feb 15, 2016 Seniority Matters Feb 15, 2016
- Jan 23, 2016 What is Venture Capital? Jan 23, 2016
- Jan 15, 2016 What is a Term Sheet? Jan 15, 2016
- Jan 14, 2016 Negotiating Your Company's Valuation Jan 14, 2016
- Jan 14, 2016 Impact Investing: Doing Well by Doing Good Jan 14, 2016
- Jan 14, 2016 What Makes a Good Business Plan? Jan 14, 2016
- Jan 12, 2016 IRS Tax Section 1202: Excluding Your Gains on Small Business Investments Jan 12, 2016
- Jan 8, 2016 The New Section 4(a)(7): More Than a Codification of Section “4(a)(1½)” Jan 8, 2016
- Jan 7, 2016 Why Does a Company Issue Stock Options? Jan 7, 2016
- Jan 7, 2016 The Shift to Angel Investors Jan 7, 2016
- Jan 7, 2016 Benefits of a Regulation A+ Offering Jan 7, 2016
- Jan 1, 2016 Peeling the Onion, or How Top Investors Value the Startups They Invest In Jan 1, 2016
Technology 2
- Oct 27, 2017 InsureTech Connect 2017 Panel Discussion: Maximizing Profits via Products and Alternative Business Model Innovation Oct 27, 2017
- Jul 5, 2017 InsureTech: Adapting to a New Way of Looking at Insurance Jul 5, 2017