Fiduciary Duties of Directors of Biotech Companies in the Age of the Theranos Fraud

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Theranos, Inc. was a high-flying former biotech company headquartered in Silicon Valley that claimed to have developed a point-of-care blood test that would allow health care professionals to assess the risks many diseases posed to a patient based on a few drops of that patient’s blood. The company’s valuation, before delivering a single product to …Read more

The Musical Works Modernization Act is Congress’ Latest Effort to Bring Peace to the Music Business

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The Hatch-Goodlatte Musical Works Modernization Act was signed into law on October 11, 2018. The Act is Congress’ attempt to bring some semblance of peace to the various factions within the music industry. These groups have been waging legal warfare against one another since the invention of music streaming technologies and the advent of its …Read more

Warning to California Artists-Ninth Circuit Decision Limits Some Royalty Rights

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Who This Decision Affects Artists expecting a 5% royalty on sales of any “work of fine art” as outlined in a California state law that took effect January 1, 1977. This law was enacted to protect artists by requiring the seller, or seller’s agent, to withhold a 5% royalty and pay that to the artist. …Read more

Video: Business Financing Options – Debt Financing

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This video by Lonnie Finkel of Finkel Law Group reviews the basics of debt financing for business, considerations, requirements and more. In my next video I’ll review equity financing, so stay tuned. Download the Financing Options Table to review the differences in Debt Financing v. Equity Financing

The Benefits of Business Advisors and Advisory Board

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If you’re looking for a fresh perspective on the issues confronting your company’s business, but you don’t wish to be bound by the recommendations of outsiders or acknowledge the need for assistance from your board of directors, then an advisory board may be a good vehicle to assist you and your management team. Unlike a …Read more

Selling Securities in Cryptocurrency Companies

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Cryptocurrency companies have become all the rage.  That trend may continue for some time. Most companies considering an Initial Coin Offering to U.S. investors have resigned themselves to the fact that their proposed offering is likely considered an offering of securities by the U.S. Securities and Exchange Commission (“SEC”). Thus, it must be made in …Read more

Beware of Successor Liability in Connection with Family Owned Business

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A corporation ordinarily is not liable for the debts of other entities or its owners in the absence of an express agreement, such as a guarantee. However, a creditor of one company may try to impose liability on one or more non-debtor entities under “alter ego” or “successor liability” theories in certain circumstances. In these …Read more

How to Protect Your Company’s Software Assets Through Contract Protection

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If your company drives its revenue with proprietary software assets, you must ensure those assets are not improperly shared or misused by others. One way to protect your company’s software-related intellectual property (IP) rights is through a written contract. How Can Contract Provisions Help Protect Software? Most commercial software products are distributed in compiled object …Read more