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Why Sarbanes-Oxley is Important to Private Companies

Why Sarbanes-Oxley is Important to Private Companies For many private companies, Sarbanes-Oxley represents a cumbersome burden that is the province of publicly-traded companies and not relevant to the needs or goals of private enterprise. There are, however, a few provisions of Sarbanes-Oxley that pertain to private companies, including certain [...]

By |2023-11-10T14:33:28-08:00December 24th, 2015|

The Value of Registering Trademarks

The Value of Registering Trademarks You may have heard that federal registration of trademarks is not necessary in the United States because certain rights to use a mark and exclude others from using it in connection with similar products arise automatically. While this is generally true under common law, [...]

By |2023-11-10T14:32:56-08:00December 23rd, 2015|

Preparing For a Private Sale: Bid Letters and Letters of Intent

Preparing For a Private Sale: Bid Letters and Letters of Intent Letters of intent are an important tool in the process of buying or selling a business. They can benefit both sides of a potential transaction in many ways. They can also serve as a proving ground for the [...]

By |2023-11-10T14:32:33-08:00December 21st, 2015|

How an IP Portfolio Attracts Funding and M&A Suitors

How an IP Portfolio Attracts Funding and M&A Suitors Maintaining a complete and current patent portfolio is a great way for a company to improve its chances of a potential acquisition deal. In intellectual property (IP) centric industries like technology and biotechnology, a patent portfolio is also vital to [...]

By |2023-11-10T14:32:10-08:00December 21st, 2015|

Prepare For a Private Sale by Reviewing Key Supplier and Customer Contracts

Prepare For a Private Sale by Reviewing Key Supplier and Customer Contracts Even though buy-side due diligence in the sale of a private company forms the bulk of the research during the deal process, sellers should not overlook important diligence steps that will help prepare their company for sale. [...]

By |2023-11-10T14:31:46-08:00December 18th, 2015|

Understanding Preferred Instrument Term Sheets in Early Stage Funding

Understanding Preferred Instrument Term Sheets in Early Stage Funding Structuring early stage investments as preferred instruments, such as preferred stock, is significantly more complex than working with convertible notes; understanding preferred instrument term sheets in early stage funding is essential knowledge. This post will introduce some of the commonly [...]

By |2023-11-10T14:31:22-08:00December 16th, 2015|

Understanding Convertible Note Term Sheets in Early Stage Funding

Understanding Convertible Note Term Sheets in Early Stage Funding Once an angel has decided to invest in a startup, they will either seek a convertible note or equity in the form of preferred stock. In either case, a term sheet is often used to communicate the basic details of [...]

By |2023-11-09T21:18:45-08:00December 14th, 2015|

Positioning Your Startup to Appeal to Angel Investors

Positioning Your Startup to Appeal to Angel Investors After initial seed money and the money from friends and family has been exhausted, early stage startups enter a challenging phase in the financial life of the company. For biotech startups in particular, this can be the beginning of a relentless [...]

By |2023-11-10T14:51:02-08:00December 14th, 2015|

Representations and Warranties Form the Bedrock of Private Acquisition Agreements

Representations and Warranties Form the Bedrock of Private Acquisition Agreements There are many provisions that are negotiated in almost all private acquisition agreements. Definitions, closing conditions, indemnifications, and representations and warranties are among the essential topics addressed by such agreements. While these topics all bear directly on the nature [...]

By |2023-11-10T14:51:24-08:00December 11th, 2015|
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