Category Archives: Uncategorized

Last week the European Commission announced that the Standard Contractual Clauses (the “SCCs”) are being updated.  These changes primarily apply to entities exporting data out of the European Economic Area.  Starting in 2021, whether you’re a controller or a processor (or both!), you’ll need to make certain your SCCs and your data export policies are compliant with theContinue reading “GDPR Update – The Standard Contractual Clauses Are Getting a Makeover”

You have an idea for a new startup. One of your first google searches will probably be about how/where to incorporate your business. There’s some good advice out there and some bad advice out there. In the interest of cutting through the noise, here’s the advice we typically give our clients. Welcome to Delaware IfContinue reading “Where Should I Incorporate My Startup?”

Most entrepreneurs don’t know of a simple way to avoid millions of dollars in capital gains tax. Section 1202 of the Internal Revenue Code grants non-corporate taxpayers a tax break of up to $10,000,000 in capital gains on “qualified small business stock” that the taxpayer holds for more than five years. This is a hugeContinue reading “How To Avoid Millions of Dollars In Capital Gains Tax By Using The Qualified Small Business Stock Exclusion”

Starting your company is an exciting time.  The temptation will be to sign all your legal documents as fast as possible so that you can get up and running.  We highly suggest you avoid that temptation and take the time to thoroughly review and, if appropriate, negotiate your documents.  With that in mind, in thisContinue reading “How To Read Your Founder Documents”

This post will cover the best way for your company to obtain a 409a valuation, the reason why, and when your company needs to obtain one.  If you’ve ever started a company, you know and are probably sick of dealing with the terms “fair market value” (FMV) and “409a”.  There is already tons of educationalContinue reading “How to Obtain a 409a Valuation For Your Company And When To Do It”

How should you pick a trademark? You’re at the beginning of the trademark selection process.  You want a trademark that grabs your customers’ attention while being legally enforceable.  Your graphic designer is busily cranking out possible brand names for you, but you’re not sure which of these options will survive legal scrutiny.  So, how shouldContinue reading “How Should You Pick a Trademark?”

Your product is ready to launch.  You’ve selected the perfect name for it.  At least, you think you have, until the cease and desist letter hits your inbox, at which you start to wonder whether your Trademark is actually YOUR Trademark. This is a common enough story and one we never want to have happenedContinue reading “Is Your Trademark YOUR Trademark?”

The venture capital world has been buzzing lately regarding a new form of a venture fund (see: https://techcrunch.com/2020/08/05/gumroad-founder-sahil-lavingia-launches-new-seed-fund-in-collaboration-with-angellist). Angel List recently coined the term “Rolling Fund,” a catchy name. At its core, though, the concept of these new types of funds is pretty simple. Rolling Funds are Subscription Funds Rolling Funds can also be calledContinue reading “Rolling Funds (aka Subscription Funds) – What They Are and Why Venture Capital Should Care”

Legal documents can range from the moderately annoying to the insufferably pedantic. Convertible promissory notes are no exception but are so commonplace, you are going to need at least a basic understanding of how they work. With that in mind, I created a list of common key terms in convertible notes and what they mean.Continue reading “How to Read Convertible Promissory Notes”

Privacy law, where do I begin? You’ve got customer names. You’ve got user addresses. Your analytics are starting to pile up. But, you haven’t even started to figure out how to process, store, and maintain this data. More than that, you don’t know what your responsibilities are to the people you’ve collected data from. It’sContinue reading “Privacy Law – Where do I begin?!?!”