Critical Issues in Every M&A Transaction

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Mergers and acquisitions (M&A) can be tricky transactions that frequently entail delicate negotiations between buyer and seller. The negotiations must be choreographed in minute detail to ensure the transaction closes in a timely manner and is a success for both parties. The parties will, after all, be living with one another after the deal is …Read more

Raising Money as a Public Benefit Corporation

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As a host of problems plague civilization – including the rise of authoritarian states, state sponsored electronic espionage, income inequality and climate change – people and markets are increasingly insisting that corporations generate positive social impact alongside profit. Investors have taken notice. The global impact investing market doubled from $114 billion in 2017 to $228 …Read more

Thoughts on How to Distribute Startup Equity Among Key People

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The purpose of granting equity to management, employees, consultants and advisors is to align the interests of the individuals central to the growth and success of your start-up company with the interests of investors. There are a number of ways to distribute start-up equity. The most common are stock options and restricted stock. One of …Read more

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