Cynthia Larose 11/9/22 Cynthia Larose 11/9/22

“Ding Dong” -- FTC-Drizly Data Breach Settlement Will follow CEO Personally for a Decade

The Federal Trade Commission (“FTC”) announced on Monday that it is settling a case against Drizly and its CEO stemming from a 2020 data breach that impacted roughly 2.5 million consumers. The proposed order not only contains a laundry list of security-related obligations for Drizly that span twenty years, but also names and targets its CEO James Cory Rellas personally, hitting him with obligations that will follow him for a decade, even if he moves to other organizations. There are also hints that the FTC intends to elevate information security issues to boards of directors and other top-level executives.

Guest User 10/13/22 Guest User 10/13/22

FINCEN Publishes Final Rule on Beneficial Ownership Requirements - A Critical Step Towards Heightened Transparency in U.S. Financial System

FinCEN began the slow, arduous process towards a final set of regulations in April of 2021. Now, nearly eighteen months later FinCEN has published the first of three expected final rules. The first rule, published on September 30, 2022, deals with beneficial ownership reporting requirements and provides clarity regarding which entities must report BOI and what constitutes beneficial ownership (the “Final Rule”). While the full version of the Final Rule can be found on FederalRegister.gov, we further discuss these points and some additional components below.

Guest User 9/22/22 Guest User 9/22/22

From the Edge - In the Boardroom: Session 3 - Board Committees

In our third session, “Board Committees,” the team discusses the various types of committees, the role or purpose of committees, committee composition, ESG as it relates to committees, and board committee trends.

Dan DeWolf 9/21/22 Dan DeWolf 9/21/22

MintzTech Connect: All Things Technology — September 2022

We lead off this MintzTech Connect edition with an important technical article about the change in Delaware law regarding the broadening of the exculpation of officers. This is followed by an article about Mintz’s new special relationship with Antler, a global accelerator of early stage companies. We follow with highlights of two emerging companies: Adgile, which is reinventing out-of-home advertising; and Radicle Science, an AI-driven HealthTech enterprise that is reimagining clinical research.

Guest Contributor 9/20/22 Guest Contributor 9/20/22

From the Edge - In the Boardroom: Session 2 - Running an Effective Board Meeting

Our In the Boardroom: Practical Advice and Guidance podcast series features insights from Mintz Members Steve Osborn, Melanie Levy, and Tom Burton on a wide variety of topics specific to boards. For decades, Steve, Melanie, and Tom have guided companies from inception to exit, and have encountered, navigated, and mitigated innumerable board-related issues. From their experiences, you can learn a great deal. Let’s take a listen!

Guest Contributor 9/20/22 Guest Contributor 9/20/22

From the Edge - In the Boardroom: Session 1 - Board Basics

Welcome to our new podcast series In the Boardroom: Practical Advice and Guidance, featuring insights from Mintz Members Steve Osborn, Melanie Levy, and Tom Burton on a wide variety of topics specific to boards. They’ll answer all of your questions related to the “who, what, when, where, and how” of boards.

Guest Contributor 9/7/22 Guest Contributor 9/7/22

California Assembly Passes Sweeping Age-Appropriate Privacy Legislation

California is leading the way on privacy regulation --- again. The California State Assembly has passed AB 2273, which, if approved by the California Governor, would require businesses that provide online services, products, or features likely to be accessed by children or teens under the age of 18 to increase their privacy and safety protections.

Guest User 8/15/22 Guest User 8/15/22

Amendment to Delaware Law Permits Exculpation of Officers in Corporate Charters

Delaware has long permitted corporations to limit or eliminate monetary liability of directors from breach of fiduciary duty of care lawsuits. However, the same protections have not been afforded to a corporation’s officers. Effective August 1, 2022, the Delaware General Corporation Law has been amended to address this discrepancy.

Kati Pajak 7/25/22 Kati Pajak 7/25/22

Is a Public Benefit Corporation Right for Your Mission-Driven Business?

This article is geared towards founders who have an idea for a mission-driven business and want to know what to do next.

Jeremy Glaser 7/20/22 Jeremy Glaser 7/20/22

INSIGHT: Important Matters to Consider When Facing a Possible Down Round Financing

The financial press has been reporting that investors are concerned that the United States economy may be heading toward a recession. In light of this and other factors creating uncertainty in the financial markets, investors are questioning the valuations that companies achieved during the heady times of 2020 and 2021, and are indicating that if a company needs to raise funds, they may need to consider a “down round” financing. A down round financing is when a company’s valuation is lower and its shares are sold at a lower price per share than the company’s most recent financing round.

Dan DeWolf 5/31/22 Dan DeWolf 5/31/22

MintzTech Connect: All Things Technology – May 2022

We lead off this MintzTech Connect edition with a Mintz Minute video on simple and fast ways to write an executive summary for a start-up company. We follow that with an article about the importance of stock vesting in start-up companies. Lastly, our company spotlight is on YUR Inc., a leader in accessible fitness technology in the gaming space.

Guest Contributor 5/9/22 Guest Contributor 5/9/22

Determining Entity Status Before the United States and Patent Trademark Office: Large, Small, or Micro?

When filing any patent application with the United States and Patent Trademark Office (USPTO), patent applicants must designate their entity status. Selecting the correct entity status can significantly reduce costs, so it is important to determine the correct entity status and update the status as needed throughout a patent’s and patent application’s life. Below is a discussion on how a patent applicant or patentee can determine their entity status and change their entity status after an initial designation, if appropriate.

Alex Civetta 4/27/22 Alex Civetta 4/27/22

Six Common Contract Traps: A Field Guide

By Alexander Civetta

Here, I present a basic field guide to help you spot and navigate six of the most common and most impactful traps you may encounter out there in the wild, in no particular order.

Dan DeWolf 12/15/21 Dan DeWolf 12/15/21

MintzTech Connect: All Things Technology — December 2021

In this Tech Connect, we feature a video on the patentability of blockchain and cryptocurrency, followed by an article on SEC Rule 148 and an article on a recent Delaware Supreme Court decision regarding the advance waiver of appraisal rights. We then spotlight Miyoko’s Creamery, which offers consumers delicious, plant-based dairy-like products!

Robyn Stewart 11/29/21 Robyn Stewart 11/29/21

Delaware Supreme Court Upholds Advance Waiver of Statutory Appraisal Rights

Delaware Supreme Court Decision Affirms Key Component of “Drag Along” Critical for M&A Exits for Venture-Backed Companies

Robyn Stewart 11/22/21 Robyn Stewart 11/22/21

NEW RULE 148 TO EXEMPT “DEMO DAYS” FROM GENERAL SOLICITATION

Effective as of March 15, 2021, the SEC adopted the new Rule 148 which permits entrepreneurs to speak more openly about opportunities for investment in their new enterprises at “Demo Days.” Outlined here are the essential elements of the new Rule 148.

Guest Contributor 11/16/21 Guest Contributor 11/16/21

The Patentability of Blockchain and Cryptocurrency

Frank L. Gerratana explains blockchain technology and the relationship between blockchain and cryptocurrency.

Guest Contributor 11/10/21 Guest Contributor 11/10/21

Crowdfunding Considerations for Early Stage Companies

The SEC expanded its capital raising rules for Regulation Crowdfunding. Since, there has been significantly more interest from start-ups to make use of the expanded investment opportunities. This article highlights key considerations for start-ups raising capital by crowdfunding.

Guest Contributor 10/19/21 Guest Contributor 10/19/21

Corporate Boards' Role In Workplace Vaccine Mandates

Given the importance of the employee stakeholder to the corporate mission, and the board's obligation to manage corporate risks associated with employee health and welfare, corporate boards may have a role in workplace vaccination mandates.

Guest Contributor 10/13/21 Guest Contributor 10/13/21

California Legislature Passes New Key Privacy Laws, Expected to Be Signed Next Week

California lawmakers wrapped up this year’s legislative session, passing roughly 900 bills this year. Among those were only a few privacy initiatives, which we outline in this article.

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