A fair percentage of my legal practice consists of representing early stage companies (i.e., startups). Many founders approach me because they want to form Delaware corporations and seek funding from VCs or angel investors. The question of legal fees...
As I said in my recent post about LLCs, the internal governance of LLCs is largely determined by contract among the LLC members. This contract, called an operating agreement, is the centerpiece of each LLC. I strongly recommend every multi-member LLC...
Proliferation of social media continues to stretch the
boundaries of the law and its definitions. It prompts us to apply the proven
legal concepts to new technological and social phenomena with no clear and
A good example...
There are essentially three ways how to structure an
acquisition of a company. The primary methods include a statutory merger or
share exchange; purchase of business assets; or purchase of shares from the
existing shareholders. When purchasing assets...
Many founders I speak with are interested in obtaining
financing for their businesses first from their friends and family members, and
then from professional investors. I agree, this seems to be the common path.
However, many founders do not realize...
One of the commonly asked questions that entrepreneurs
ask their attorneys when forming a company is where to incorporate it. Most
frequently, companies choose between incorporating in their home state and
registering in Delaware.
Much has been written (including by me) on the topic of
how to distinguish an independent contractor from an employee. I have also
written about the importance of "work for hire" or "freelancer" agreements when
working with independent...