When starting a new company, it’s easy to focus entirely on the business you are building, but it’s also important to make sure that you see the big picture. Here are three areas to keep covered:
1. Make sure a market exists. While you may be convinced that you have the answer to an important question, talk to people who know the space you are trying to move into. They can help you figure out whether your solution addresses a pressing need that people are willing to pay for.
2. Protect your intellectual property. Under the new “first to file” rules, you need to make sure that you are the “first inventor to file” in order to protect all of your intellectual property—not just your patents. Your trade name is a powerful part of your brand and provides real value to you and your investors.
3. Establish a regulatory pathway. Make sure you have addressed all of the regulatory issues that might affect your business and that you understand how to navigate the jungle of rules and regulations. Savvy investors will want to hear your strategies.

When Should I Form a Legal Entity?
As startup lawyers, we often receive inquiries from passionate entrepreneurs and founders seeking guidance on when they should consider taking their side projects to the next step by forming a legal entity. Forming a company is a “crossing the Rubicon” moment for any startup. It’s an essential step…

Investment Company Status Considerations for Cash Positioning in Wake of Bank Failures
Given this week’s headlines, many emerging companies may be asking themselves: “Why am I holding so much cash?” The Investment Company Act of 1940 (the 1940 Act) may be to blame. “But I don’t have any intention of being an investment company. Aren’t those mutual funds or…

Distressed Bank Update as of March 16, 2023
In the three days since federal authorities announced sweeping measures to protect depositors of Silicon Valley Bank (SVB) and Signature Bank and help prevent additional bank failures (as discussed in our update of March 12, 2023), the U.S. banking system appears to have stabilized, at least temporarily.…