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MintzEdge 101: Negotiating Your Venture Term Sheet – Ryan Floyd, Storm Ventures
In this podcast, Jeremy Glaser, Co-chair of the Mintz Venture Capital & Emerging Companies practice, and Ryan Floyd, founder and partner at Storm Ventures, discuss important points for entrepreneurs to be aware of when negotiating a venture capital term sheet.
From New York to Delaware: The Process of Redomesticating a New York Corporation
By Ashna Pai
It is a common story we have heard from many emerging company clients: a young New York-based entrepreneur wants to start a company. The entrepreneur decides to incorporate his or her company in New York, believing New York to be the most obvious and best logistical choice because New York is where they are based, where the operations of the company, including its employees, offices etc. are to be based, and, not to mention, because of the many opportunities, diverse talent and creativity that has always attracted start-up companies to New York. Fast forward a couple of years, the company is starting to take off and has caught the eye of several institutional investors who are willing to invest in the company’s growth, however, before investing they are requiring the company to be incorporated in Delaware. Why? As many entrepreneurs will soon learn, Delaware is considered to be the “gold standard” among many for a corporation’s domicile. It is known to be business and management friendly, there is an extensive body of corporate cases for companies to refer to, it follows the “business judgement rule” regarding decisions of directors, and generally, the laws tend to be flexible and favorable for founders and their investors.
Energy & Sustainability Connections Newsletter – August 2020
By Tom Burton and Sahir Surmeli
This issue of Energy & Sustainability Connections covers emissions-free steel producer Boston Metal, startup incubator Greentown Labs, energy policy news from Washington, recent M&A activity & more.
Management Carve-Out Plans
By Garrett Galvin
A company may find itself in a position to sell for a variety of reasons: a sale may be necessary to continue its growth, a potential buyer made an offer too good to pass up, or the owners are simply looking towards their next venture. Regardless of the reason for the sale, the prospect of selling the company can be a difficult but exciting time for all involved and it is important for the sellers to have management support of the transaction to bring it across the finish line.
BioLabs@NYULangone: Financing Strategies for Emerging Companies in the New Normal
Dan DeWolf and Samuel Effron spoke on a webinar hosted by BioLabs@NYULangone regarding financing strategies in the midst of a global pandemic.
Formation 101: Founder Stock and Vesting
In the second installment of Mintz’s multi-part series addressing common questions relating to establishing a new enterprise, Sam Effron and Sebastian Lucier discuss the issuance of shares to the founders, the mechanics and reasoning behind vesting and some important tax consequences relating to share issuances.
Energy & Sustainability Connections Newsletter – July 2020
By Tom Burton and Sahir Surmeli
This issue of Energy & Sustainability Connections covers The Clean Fight NY’s Buildings Edition program, the future of offshore energy in New England, energy policy news from Washington, recent M&A activity & more.
MintzTech Connect Industry News — June 2020
By Dan DeWolf and Samuel Effron
In Harper Lee’s book, To Kill a Mockingbird, the protagonist Atticus Finch tells his son: “One never really understands a person until you consider things from his point of view, until you climb into his skin and walk around in it”. Unless you take the time to stand in another person’s shoes and see the world from that person’s perspective, we really don’t process very well what others may be saying or feeling. In this challenging time of a global pandemic and national outrage for systemic social injustices, we urge all of our readers to listen (truly listen) to your colleagues and try to understand better what it is like to be in another person’s shoes. Black Lives Matter and it is up to all of us to listen, support each other, and to see how we can make this world better. We have assembled a list of books that may help deepen that understanding and encourage us all to work diligently to build the equitable world we all want for ourselves and our fellow citizens.
MintzEdge Entrepreneur Perspective: Jake Shapiro On The State Of The Podcasting Market
In this podcast, Jake Shapiro, the founder of RadioPublic and Podfund, explores the current state of the podcasting market and industry trends.
Energy & Sustainability Connections Newsletter – June 2020
By Tom Burton and Sahir Surmeli
The June issue of Energy & Sustainability Connections covers news about renewable energy development company East Light Partners, energy policy news from Washington, recent M&A activity & more.
Part Ten of the COVID-19 Roadmap Series: Workplace Communications and Trainings
By Tyrone P. Thomas & Danielle M. Bereznay
In the final part of our Roadmap Series, as employers prepare to transition to on-site operations for segments of their staff, we discuss considerations for COVID-19 related communications to the workforce. We also address the importance of conducting workplace trainings for managers and staff that address new regulatory considerations for workplace safety, telecommuting arrangements, health screenings, and leave and accommodation requests to prepare for the “new normal.”
Part Nine of the COVID-19 Roadmap Series: Ensuring Compliance – Leave Management
By Corbin Carter, Natalie C. Young, Michael S. Arnold & H. Andrew Matzkin
As management and human resources professionals are well aware, COVID-19 has drastically and rapidly impacted the workplace. Among other things, employees require more flexibility, employers are increasingly reliant upon remote work arrangements, and legislative and administrative responses to the pandemic from various levels of government have created new requirements for businesses, including new leave entitlements for employees. In Part Nine of our Roadmap Series, we explore key considerations surrounding leave management and compliance as employees and businesses navigate this new terrain.
Part Eight of the COVID-19 Roadmap Series: Avoiding COVID-19 Wage & Hour and Labor Law Pitfalls
By Jennifer R. Budoff, Delaney M. Busch, Brendan J. Lowd
In Part Eight of our Roadmap Series, we take a closer look at wage and hour compliance concerns that may arise during the COVID-19 pandemic, and what employers can do to minimize these pitfalls.
Part Seven of the COVID-19 Roadmap Series: Employee Physical and Mental Well-being During the COVID-19 Pandemic
By David Barmak & Jennifer R. Budoff
In Part Seven of our Roadmap Series, we take a closer look at the impact of COVID-19 on employee mental and physical well-being, and what employers can do to assist their workforce.
COVID-19 and Down-Round Financings
By Jeremy Glaser, Sebastian Lucier, and Sebastian A. Bacon
Although no one can predict the long-term economic impact of COVID-19, early indications show similarities to the last significant economic downturn that started in 2008. During that period, venture capital investment decreased significantly both domestically and abroad — in the first quarter of 2009, alone, there were double-digit declines in venture financings. The decrease in available capital during that time period led to a significant uptick in financing rounds at lower valuations than in previous rounds, or so-called “down-round financings.” Companies should be prepared for a similar occurrence, and be ready to take precautionary steps in order to minimize risks relating to a down-round financing.
Part Six of the COVID-19 Roadmap Series: Reporting to Work
By Andrew J. Bernstein & Brie Kluytenaar
As we continue to plan and prepare for the reopening of businesses, Part Six of our Roadmap series examines the when, what, where, and how of returning to work. Given the many considerations this process entails, we encourage employers to begin engaging with these issues now and to consult with counsel so that plans are in place and the groundwork is laid for the eventual reopening of the workplace, whenever that may be.
Part Five of the COVID-19 Roadmap Series: Ensuring a Safe Workplace - COVID-19 Screening and Testing
By Nicole M. Rivers, Michael S. Arnold, Karen S. Lovitch, Hope S. Foster & Cynthia J. Larose
In Part Five of our Roadmap Series, we take a closer look at COVID-19 screening and testing, including best practices and legal implications, as potential tools to maintain a safe workplace.
Part Four of the COVID-19 Roadmap Series: Ensuring a Safe Workplace – Reimagining the Physical Workspace and Business Travel
By Delaney M. Busch, Morgan G. Tanafon & Angel Feng
Given the challenges presented by COVID-19, many businesses must consider large-scale, transformational changes to their operations. As social distancing continues and safety concerns pervade the public consciousness, adjustments to the physical workspace and business travel practices will be necessary to reflect these new considerations. In Part 4 of our COVID-19 Roadmap Series, we outline important planning steps and concerns employers need to consider relating to physical workspaces and business travel.
Part Three of the COVID-19 Roadmap Series: Ensuring a Safe Workplace - Key Guidance for a Healthy Workspace
By Delaney M. Busch & Morgan G. Tanafon
As economies begin restarting and the doors to traditional workplaces are opening, employers face challenges in reorganizing and protecting their places of business. However, the exact measures appropriate and effective for each workspace will largely depend on a worksite risk assessment (see our prior blog posts regarding OSHA and COVID-19 infrastructure). In Part 3 of our Roadmap Series, we outline important guidance, procedures, and concerns employers need to consider to successfully and safely bring back employees to their worksite.
Part Two of the COVID-19 Roadmap Series: Creating a COVID-19 Operations Infrastructure
By Katharine O. Beattie & Emma Follansbee
With the reopening of the economy on the horizon, employers are looking ahead to welcoming employees back to the traditional workplace. Business operations will look vastly different during and after the COVID-19 pandemic. In Part 2 of our Roadmap Series, we outline important operational planning steps and actions employers can take now to successfully and safely bring employees back to the workplace. Future posts in this series will address many of these issues more in-depth, so be sure to stay tuned.
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