Guest Contributor 9/25/19 Guest Contributor 9/25/19

Why You Should Consider Incorporating Your Start-Up in Delaware

By Michael Ginzburg

Start-ups often ask what is the most beneficial jurisdiction in which to incorporate. Most of the time we advise our clients that incorporating in the State of Delaware is the most advantageous for the following reasons:

Jeremy Glaser 9/23/19 Jeremy Glaser 9/23/19

California’s New Independent Contractor Law — What Your Emerging Growth Business Needs to Know

In this episode of MintzEdge’s From the Edge podcast, Jeremy Glaser speaks with Jen Rubin about AB 5 — California’s recently enacted law banning most types of independent contractors, the financial impact of that law on start-ups and emerging growth employers, and the changes in hiring methods employers need to make now in order to comply with the law’s provisions.

Guest Contributor 9/18/19 Guest Contributor 9/18/19

California Law Impacts All Categories of Independent Contractors – Not Just Gig Workers – What Your Business Needs to Do Now

By Jennifer B. Rubin & Audrey Nguyen

California Governor Gavin Newsom has now signed AB 5 into law, effectively ban nearly all categories of independent contractors – not just gig economy workers. AB 5 will become effective on January 1, 2020 for all businesses that contract with individuals who perform services in California.

Guest Contributor 9/13/19 Guest Contributor 9/13/19

Creating a Board of Directors: Key Considerations for Startup Companies

By Keunjung Cho

One of the most important decisions that a startup entrepreneur can make is creating a board of directors that will assist the entrepreneur in growing and governing the business. A company’s board of directors is tasked with overseeing and advising management, making key decisions about the company’s business strategies, and representing the interests of the company and its stockholders.

Sebastian Lucier 7/24/19 Sebastian Lucier 7/24/19

Five Common Equity Incentive Plan Mistakes

By Sebastian Lucier

Equity Incentive Plans (aka, Stock Option Plans) are a standard feature in nearly every start-up. Although the basic concept (granting an equity interest to an employee or other service provider) is simple enough, there are a few administrative and legal technicalities that need to be respected. Below is a list of five common mistakes that start-ups make when administering their Equity Incentive Plans.

Sam Effron 7/18/19 Sam Effron 7/18/19

MintzTech Connect Industry News — July 2019

By Dan DeWolf and Samuel Effron

This month’s industry newsletter features an article on California’s Consumer Privacy Act, a Q&A with NYC incubator RLab, and a spotlight on LA’s type:A — a new company focused on health care brands.

Ben Stone 7/10/19 Ben Stone 7/10/19

MintzEdge Entrepreneur Perspective: “Solstice And The Power Of Community Solar”

In this episode of MintzEdge’s From the Edge podcast, corporate attorney Ben Stone speaks with Steph Speirs and Sandhya Murali, co-founders of Solstice, about their journey starting and scaling a dynamic start-up that aims to make solar energy accessible for everyone in the United States. Among other things, they discuss how Solstice is disrupting the community solar space through technology, advocacy, and innovative partnerships; the challenges and opportunities of Solstice’s social enterprise approach; their experiences as female founders and leaders; lessons they’ve learned about entrepreneurship; and the importance of guiding values.

Guest Contributor 7/3/19 Guest Contributor 7/3/19

MintzEdge Entrepreneur Perspective: Building A Strong IM Business – D. Pfister (AlphaCore Capital)

In this podcast, Dick Pfister, the founder of investment management firm AlphaCore Capital and one of the founders of Altegris Investments, explains how he built successful investment management businesses.

Guest Contributor 6/26/19 Guest Contributor 6/26/19

Does Delaware Corporate Law Permit Director Proxy Voting?

By Ashna Pai

Proxies are common in the world of shareholder voting. But, can directors also vote by proxy at board meetings under Delaware corporate law? No, they cannot. Following relevant Delaware case law, directors are prohibited from voting by proxy at board meetings.

Guest Contributor 6/19/19 Guest Contributor 6/19/19

MintzEdge 101: How Passion Can Make Your Business Successful – George Daou (Daou Winery)

In this podcast, Georges Daou, founder of a number of successful technology companies and of the Daou Winery, explains why entrepreneurs need to develop and convey to investors the passion they have for their businesses in order to succeed.

Guest Contributor 6/10/19 Guest Contributor 6/10/19

You’ve Got Mail! Emails May Be Subject to Stockholder Books and Records Requests

By Zachary Liebnick and Zane Polston

Delaware corporations have always been required to provide certain information to their stockholders under Section 220 of the Delaware General Corporation Law (DGCL), but the scope and form of that information has naturally changed as technology advances.

Guest Contributor 6/5/19 Guest Contributor 6/5/19

Why You Need Proprietary Information and Inventions Assignment Agreements

By Daniel Marden

Protecting your company’s intellectual property rights is essential during all stages of your company’s growth. One of the first steps you can take to protect your company’s intellectual property rights is to have all advisors, consultants, contractors and employees of your company enter into Proprietary Information and Inventions Assignment Agreements (“PIIAs”), also known as Confidential Information and Inventions Assignment Agreements.

Guest Contributor 5/21/19 Guest Contributor 5/21/19

California’s Privacy Act—Watch for an Expanding Private Right of Action

By Joshua Briones, Esteban Morales, Matthew Novian

The California Consumer Privacy Act takes effect on January 1, 2020, but amendments are expected. In an article recently published by Bloomberg Law, Mintz attorneys Joshua Briones, Esteban Morales and Matthew Novian discuss the April 9 hearing on SB-561, a bill that would expand the private right of action and remove compliance opportunities for businesses, and explain why the bill should be closely watched.

Cynthia Larose 5/21/19 Cynthia Larose 5/21/19

Musical.ly’s COPPA Failure Falls Flat at the FTC; Will Pay Note-Worthy Fine

By Cynthia Larose and Elana Safner

The Federal Trade Commission (“FTC”) has handed down its largest civil penalty ever for violations of the Children’s Online Privacy Protection Act (“COPPA”). Musical.ly, now known as TikTok after a 2018 merger, agreed to a fine of $5.7 million for its violations. The settlement was significant not only because of its record amount, but also because it includes a specific agreement on how the website will operate going forward.

Cynthia Larose 5/21/19 Cynthia Larose 5/21/19

The California Consumer Privacy Law is Here. Get Prepared.

By Cynthia Larose and Brian Lam

This webinar provides an overview of the act including who it applies to, the types of data covered, and the new rights granted by the act such as data access, deletion, and portability.

Cynthia Larose 5/21/19 Cynthia Larose 5/21/19

Employers Beware: Judge Greenlights Employee’s Privacy Lawsuit Over Dropbox Access

By Cynthia Larose, Katharine Beattie, and Jennifer Budoff

Many employers maintain policies limiting their employees’ expectation of privacy in the workplace, including policies that eliminate any expectation of privacy when using company-issued electronic devices. While employers may think that having such a policy would protect them from invasion of privacy claims under the Fourth Amendment or state law, a recent federal court decision may cause employers to think otherwise. This post examines this decision and provides best practices for avoiding issues with employees’ privacy interests.

Guest Contributor 5/1/19 Guest Contributor 5/1/19

The Impact Terms Project: Defining the Standard for Impact

By Verna Krishnamurthy

The Impact Terms Project (“ITP”) was launched as a platform intended to provide guidance on best practices to entrepreneurs, investors and other stakeholders in the rapidly-evolving social enterprise space

Guest Contributor 5/1/19 Guest Contributor 5/1/19

The California Consumer Privacy Act (CCPA): What Startups Should Know

By Brian Lam

Privacy and data security is a serious concern for many startups. They understand that end users, consumers, partners, and investors are now concerned like never before about how data is collected, used, stored and transferred. A bad data event quickly turns into a bad news story, can turn off users, discourage investors, and bring regulatory scrutiny and enforcement.

Dan DeWolf 4/19/19 Dan DeWolf 4/19/19

MintzTech Connect Industry News — April 2019

By Dan DeWolf and Samuel Effron

This issue’s topics include the SEC no action letter on utility tokens, raising capital as a public benefit corp, resales of private securities using Section 4(a)(7), distributing equity among start-up stakeholders, and the abc’s of California employment law.

Marine Bouaziz 4/17/19 Marine Bouaziz 4/17/19

The SEC Confirms the Limited Scope and Nature of Utility Tokens

By Marine Bouaziz and Dan DeWolf

On April 3, 2019, Finhub, the SEC’s Strategic Hub for Innovation and Financial Technology, released the “Framework for ‘Investment Contract’ analysis of digital assets” (the “Framework”) providing principles for analyzing whether a digital asset[1] constitutes an investment contract, and thus a security. The same day, the SEC’s Division of Corporation Finance (the “Division”) published its first No-Action Letter on digital tokens.

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