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Corporate & Securities Law

The Startup Lawyer

Entrepreneur and Startup Company Law

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Last Entry: April 15, 2020 at 16:22:08

How to Incorporate Your Sole Proprietorship

Posted on July 15, 2008
How to transform your sole proprietorship into an llc or a corporation

But I Thought Venture Capital was Dead?

Posted on July 14, 2008
The latest numbers show Silicon Valley is not experiencing a capital crunch

What is Preferred Stock?

Posted on July 14, 2008
A definition of preferred stock and how it benefits startups and investors

How to Issue Weak Preferred Stock to Friends & Family

Posted on July 13, 2008
How to issue preferred stock to friends and family without limiting future venture capital rounds.

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Why Your Startup?s Founders Stock Should Vest Over Time

Posted on July 11, 2008
How to vest your startup company's founders stock over time to prepare for an exiting founder

Reverse Breakup Fees: Making Acquisitions Less Risky for the Selling Company

Posted on July 03, 2008
How target companies are using reverse breakup fees to re-allocate deal risk

Series FF Stock: How Some Founders Get Liquid at Funding

Posted on July 02, 2008
How Series FF Stock Provides Startup Company Founders with Cash at Funding

Zero IPOs for Venture Backed Companies in 2Q 2008

Posted on June 29, 2008
Why no venture backed companies went public in the second quarter of 2008.

Flipping Your International Startup for U.S. Venture Capital

Posted on June 24, 2008
The Benefits of Moving Your International Startup to America for Venture Capital and Acquisitions

Life is Too Short to Deal with Non-Accredited Investors

Posted on June 12, 2008
Why your startup company should not raise money from non-accredited investors

The Art of the Start by Guy Kawasaki

Posted on June 04, 2008
You need to a flashplayer enabled browser to view this YouTube video

What Venture Capital Investors Want in a Term Sheet

Posted on June 04, 2008
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Buy or Sell a Startup at BizTrader.com

Posted on April 16, 2008
A new online marketplace for buying and selling companies officially launched this week: BizTrader.com. I believe BizTrader will be a strong competitor to the current company marketplace juggernaut, BizBuySell.com. Both BizTrader and BizBuySell charge customers monthly fees to list their business for sale starting at $39...

Is a VC About to Steal Your Startup Grant?

Posted on April 16, 2008
Venture Capital Firms. They won’t grant you a meeting. If you do get a meeting they won’t sign your nda. And you’ll be lucky if your startup gets any funding. Making matters worse, they could be about to commandeer federal grant money earmarked for small businesses like your startup...

How Much to Pay Your Startup Lawyer

Posted on April 15, 2008
Think back to the last time you wrote a business plan for a startup. Do you recall your estimated expense for legal fees? $1,000? $10,000? $0? How much to spend on legal fees is a common issue for startup companies with more than one correct answer...

Generate Goodwill Instead of Burning a Bridge

Posted on April 14, 2008
A frequent issue entrepreneurs, myself included, deal with is having to handle negative situations with due care and class so as to not erode startup company goodwill, not to mention other business tangibles and intangibles. You can create goodwill for your startup company many ways...

You?re Nobody Till Somebody Steals Your Startup Idea

Posted on March 21, 2008
Many entrepreneurs worry that someone, whether a potential partner, a VC, or a boogeyman will steal their startup idea. If you are worried about having your startup idea “jacked,” I recommend you take a deep breathe and relax a bit–your startup idea isn’t worth that much...

2008 Startup School

Posted on March 11, 2008
The Business Association of Stanford Entrepreneurial Students and Y Combinator are co-sponsoring the 2008 Startup School at Stanford on April 19. Are you a hacker who has thought about one day starting a startup? Have you already started it? Then you’re invited to a free, one-day startup school this April 19 at Stanford...

Startup Lawyer Article Published in the Texas Bar Journal

Posted on February 06, 2008
Just thought I’d mention that the Texas Bar Journal, a monthly publication of the State Bar of Texas, published an article from this blog in its February 2008 issue. The article featured in the technology section is “How to Optimize Your Blog Sale...

Miracles Happen, But Not Every Day

Posted on January 27, 2008
I got lucky. I bought a suit “off the rack” and it fits me perfectly. I purchased this suit in true emergency fashion about two years ago while in Phoenix on a business trip. I ended up not needing it (of course) and stuck it in the back of my closet when [...

Don?t Be Coy With a Letter of Intent

Posted on January 21, 2008
I recently worked on a deal where the prospective seller over-strategized the letter of intent. The seller wanted my client to sign a non-binding LOI that contained about half of what should have been included in the letter. It was extremely frustrating and ultimately was a waste of time, because rather than acquiesce [...

How Will This Economic Downturn Affect Startups?

Posted on January 04, 2008
As the economic downturn begins to spread from sub-prime borrowing to the current credit contraction (and I’m not ready to say the R-word yet), it seems unlikely that startups will be immune from an economic storm that may be felt internationally and across various asset classes...

How To Handle Intellectual Property When Buying A Business

Posted on December 25, 2007
The business purchaser needs to ascertain if intellectual property rights are needed for the continued operation of the business. Intellectual property rights that are important include trademarks, copyrights, service marks, and trade names. All of these IP rights are assignable...

The Deal Behind Letters of Intent

Posted on December 09, 2007
A letter of intent is a pre-acquisition agreement that shapes the preliminary understandings of the parties. Although usually non-binding (for the most part), it serves as the bridge between initial negotiations and the purchase agreement. And that’s important because the letter of intent should facilitate the deal...

Venture Capital Going Green to Get the Green

Posted on November 19, 2007
Al Gore didn’t invent the Internet, but he did make up global warming. (OK, maybe he’s right.) And now the former Vice President is teaming up with Kleiner Perkins Caufield & Byers to find, fund and accelerate green business, technology and policy solutions to help solve the current climate crisis...

Invention Agreements: A Potential Startup Killer

Posted on November 14, 2007
“Get advisers” is a common recommendation given to a startup company entrepreneur. However, entrepreneurs should use caution when selecting advisers for his or her startup company. Your advisers may come pre-packaged with restrictive covenants that have the potential to kill your startup...

How to Avoid Being Ripped Off When You Lease Office Space, Part III

Posted on November 11, 2007
This is Part III of a series about how to lease office space. You can begin with Part I or skip to Part II. In Part III, we’ll continue discussing the provisions that your startup company needs to consider before leasing office space. Your startup company may not have to negotiate each provision, but you should [...

How To Optimize Your Blog Sale

Posted on November 06, 2007
Bloggers optimize. Bounce rates, feeds, heatmaps, plug-ins, keywords, and sneeze pages are just the tip of the blogger’s optimization iceburg. So why are blogs sold in such a nonoptimal way? Blog selling is once again a hot topic. Most articles deal with what multiple of revenue or subscribers a blog will sell for on the [...

Get a Deal Done with a Go Shop Clause

Posted on October 29, 2007
When acquiring a company, you typically want to lock down your target and prevent it from seeking other potential buyers (see no shop clause). But in some situations, allowing your target to shop the deal around, under the terms of a “go shop” clause, can actually facilitate the transaction and get the deal done...

Virgin Money Goes to Waste

Posted on October 25, 2007
I heard about Virgin Money last week and I finally got the chance to take a look around last night. Basically, Richard Branson’s Virgin US investment firm acquired a majority stake in CircleLending, a venture that helps manage loans between family and friends...

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