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When and How to Publish Technical Disclosures as Prior Art

Should you file a patent application or keep your innovation a trade secret? This question is routinely asked by key decision makers, such as inventors, managers, and legal counsel, when evaluating a new invention. While either choice comes with its own set of advantages and trade-offs, an…

Top Five Differences Between Convertible Notes and Safes for Founders

SAFEs and convertible debt financings broadly accomplish the same goals for early-stage (and even later-stage) emerging companies. The legal and negotiation costs of these instruments are typically an order of magnitude less than a traditional “equity” financing (Series Seed, Series A-Z, etc.), and for the most part…

Surprise! Interns are Likely Employees.

As the summer quickly approaches, it’s the time of year that many employers consider hiring an intern for the summer.  Start-up companies may view this as an opportunity to hire students as “cheap” or “free” labor.  Unfortunately, there are a lot of misconceptions about unpaid interns.  The…

The Delaware Franchise Tax: Don’t Freak Out

Within the next few weeks, corporations incorporated under the law of Delaware will receive ominous notices from their registered agents or the Delaware Divisions of Corporations advising such corporations of their annual obligation pay the their Delaware Franchise Tax. Save for “83(b) elections,” “scalability” and “valuation”, no…

Proposed International Entrepreneur Rule Gives Startup Founders Temporary Stay in U.S.

U.S. Citizenship and Immigration Services (USCIS) is proposing to grant work authorization to foreign entrepreneurs who raise substantial capital for companies they start. USCIS estimates some 3,000 foreign entrepreneurs may qualify annually. USCIS expects this new proposal to create jobs, facilitate research and development and increase innovation…

Board Advice: Adding Advisors Versus Adding Directors

Our company clients often come to us at an early stage in their growth process with some variation of the following question: “We were introduced to an amazing resource who can help our team grow the business in a material way.  We’re considering putting the person on…