Category Archives: Startup Issues

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Considering Selling Your Company? Tip #5: Leverage Advisers Early

Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community – to ensure their strategy encompasses all aspects of a sale, from understanding the environment to being accurate with pricing expectations. … Continue reading this entry

Considering Selling Your Company? Tip #4: Utilize the Pool of Potential Acquirers

Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community – to ensure their strategy encompasses all aspects of a sale, from understanding the environment to being accurate with pricing expectations. … Continue reading this entry

Considering Selling Your Company? Tip #3: Understand the Current Funding Environment

Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community – to ensure their strategy encompasses all aspects of a sale, from understanding the environment to being accurate with pricing expectations. … Continue reading this entry

Considering Selling Your Company? Tip #2: Stage Your Company

Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community – to ensure their strategy encompasses all aspects of a sale, from understanding the environment to being accurate with pricing expectations. … Continue reading this entry

Considering Selling Your Company? Tip #1: Set Realistic Pricing Expectations

Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community – to ensure their strategy encompasses all aspects of a sale, from understanding the environment to being accurate with pricing expectations. … Continue reading this entry

Crowdfunding 101: The Four Types You Need To Know

This post was originally written by Dylan Rochon, 2015 Foley & Lardner LLP Startup Connector. The term “crowdfunding” is closely associated with websites such as Kickstarter.com and GoFundMe.com. These sites provide a platform for startup companies to attract attention and funding. They provide an avenue for a wider group of investors to help fund or … Continue reading this entry

Mark Your Calendars: 2015 FOLEYTech Summit

Join us on October 1, 2015 as we explore how the evolution of technology has transformed business and altered the investing landscape. Our 11th annual FOLEYTech Summit will bring together tech entrepreneurs, executives, managers, investors and advisers.… Continue reading this entry

Should Your Startup Become a Public Benefit Corporation?

With the increased attention paid to companies that feature public benefits or social impact as part of their mission or business plan and with the rise of social impact investors, more and more states are enacting public benefit corporation statutes (five will go effective this year). Delaware revised its statute to include the public benefit … Continue reading this entry

How Can You Safely Discuss Your IP With Others?

As discussed in our previous posts, startups are about capitalizing on ideas, contacts and experience. In the early stages of a startup or pre-startup, founders often socialize their business plan and details about their idea to receive feedback, recruit talent, and obtain funding. However, founders may naturally feel uncomfortable disclosing their plans and ideas to … Continue reading this entry

What Do the Expanded Reg A+ Rules Mean for Your Company?

This spring, the SEC adopted final rules required by the JOBS Act, which some hoped would increase smaller companies’ access to capital. Note, this wasn’t the long-awaited crowdfunding rules, it was the expansion of Regulation A (called by many Reg A+). Regulation A is an existing, and little used, exemption from the registration requirements of the … Continue reading this entry

Tips & Traps When Talking to Potential Investors

The fundraising process requires countless hours to develop and refine an investor pitch. While the majority of that time will be focused on how to find and raise money from the best investors on the best terms, it is critical to remember that there are limits to what can be said and done under applicable securities … Continue reading this entry

Coming to America Part II: Legal & Cultural Challenges for Emerging Companies

In our last post “Coming to America Part I,” we discussed why emerging companies would choose enter the US market to do business. In this post, we will discuss the many interrelated legal and cultural factors non-US companies must consider in order to establish a successful US presence.… Continue reading this entry

Coming to America Part I: Legal & Cultural Challenges for Emerging Companies

As of late, many emerging companies have decided to enter the U.S. market. While international expansion is an important Ubusiness milestone, there are multiple legal and cultural considerations companies must reflect on. In this two part series, we will discuss why companies choose to come to the United States to do business and what companies … Continue reading this entry

Do You Really Own All Your IP?

As we discussed in our inaugural posts in this series, after management, the most valuable asset for most startups can be their intellectual property (IP). And as such, it is important for a startup to own its intellectual property.  That sounds simple enough, right? Wrong! In the early stages of a startup, individuals typically collaborate … Continue reading this entry

Do Founders Really Control Their Company With 51% Ownership?

Founders are often focused on maintaining at least 51% ownership of their companies. With 51%, they will be able to control the Company, and their destiny. At least that’s what they thought. In reality, the 51% control premium is often contracted away in the world of preferred stock venture financings. In a typical venture financing, … Continue reading this entry

Why Start-Ups Use Convertible Debt Part III: The Virtues of Convertible Debt for a Start-Up

Over the course of our “Why Start-Ups Use Convertible Debt” series, we’ve discussed the two common paths start-up companies take to structure a financing. In Part I, we discussed common stock financing and in Part II, we discussed a convertible debt financing.  In Part III, we will review the main principles start-up companies must remember … Continue reading this entry

Why Start-Ups Use Convertible Debt Part II: How a Convertible Debt Works

In Part I of our “Why Start-Ups Use Convertible Debt” series, we discussed one of the typical start-up financing structures, the sale of common stock, along with the issues that should be considered when setting a valuation. Based on the issues that arise with the sale of common stock, another financing option that tends to … Continue reading this entry

Why Start-Ups Use Convertible Debt Part I: Common Stock Financing and the Problem of Setting a Valuation

Most start-up companies turn to friends, family and/or high net worth individuals as the first source of capital to fund their operations. Banks will not lend to these companies since there are no real assets to collateralize the loans, and most venture capitalists and other institutional investors need to see a further developed company with … Continue reading this entry

Regulatory Challenges Facing the mHealth Industry

Innovations in health care technology have created unique challenges for developers and investment companies. Among others, changing FDA guidelines, data security, and reimbursement are all substantial issues facing the rapidly evolving mobile health (mHealth) industry. At the 2014 FOLEYTech Summit, Foley special counsel Monica Chmielewski assembled a panel of industry leaders – Mary Modahl, Chief … Continue reading this entry

Potential Advantages of Forming as an LLC

One of the initial decisions for entrepreneurs is whether to form their new entity as a limited liability company (LLC) or a Corporation. Entrepreneurs are often told by advisors that angel investors and VCs will only invest in Delaware C-corps. So if you want to raise money, the choice is simple – choose Delaware C-corp. … Continue reading this entry

5 Intellectual Property Considerations for Startups - Part II

In Part I of this article, we introduced two of five threshold Intellectual Property (IP) questions that every startup should consider: Do you own all of your IP? How can you safely discuss your IP with others? In this article, we introduce the remaining three considerations: How do you identify and protect your competitive differentiators? … Continue reading this entry

5 Intellectual Property Considerations for Startups - Part I

A successful startup provides a solution to a market need. Typically, the solution involves a new or improved device or technique. As a startup defines and develops its solution, intellectual property (IP) becomes a core asset of the company. Indeed, after management members themselves, IP is often a startup’s most valuable asset. This is the … Continue reading this entry

Big Companies Should Think and Act Like Startups to Keep Data Safe

With data security breaches now a shockingly common part of modern life, businesses of all sizes are scrambling to bolster their defenses. In this guest commentary in the Boston Business Journal, we explain how businesses can fight against data breaches by taking tips from startups, and even the hackers themselves. Here’s how: Think opportunity, not crisis. … Continue reading this entry