One of the challenges facing venture capital firms is how to handle investments in portfolio companies prior to the initial close (“Initial Close”) of a new fund (“New Fund”). Typically, the investment advisor (“VC Advisor”),...more
Clients with Limited Liability Companies in New York Likely Impacted -
The New York LLC Transparency Act (NYLTA) has recently been amended. The key take-aways are as follows:
Effective Date has been pushed back a...more
Clients with Limited Liability Companies in New York Likely Impacted -
New York Governor Kathy Hochul recently signed the New York LLC Transparency Act (NYLTA) into law. The act, which will become effective on December 21,...more
3/13/2024
/ Beneficial Owner ,
Compliance ,
Corporate Transparency Act ,
Disclosure Requirements ,
Enforcement Actions ,
FinCEN ,
Limited Liability Company (LLC) ,
New York ,
Penalties ,
Reporting Requirements ,
Transparency
A common question we receive from founders is whether to organize their start-up business as a corporation or as an LLC. While there are many non-tax-related factors that need to be considered, this is often (at least in...more
The Securities and Exchange Commission (the “SEC”) recently voted to propose temporary rules to permit companies to provide equity compensation to certain workers known as “gig” or “platform” workers....more
On November 2, 2020, the Securities and Exchange Commission (the “SEC”) voted to amend its capital raising rules for Regulation Crowdfunding (“Regulation CF”) with the objective of promoting capital formation and expanding...more
On April 3, 2019, Finhub, the SEC’s Strategic Hub for Innovation and Financial Technology, released the “Framework for ‘Investment Contract’ analysis of digital assets” (the “Framework”) providing principles for analyzing...more
What are the similarities between a one dollar bill, a share of a company, and a prepaid gift card? The answer is … not so much! The same is true of the similarities between virtual currencies, security tokens, and utility...more
11/12/2018
/ Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Howey ,
Initial Coin Offering (ICOs) ,
Popular ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Token Sales ,
Virtual Currency
Mintz attorneys are often asked as to why we don’t simply provide “forms” on our website that can be downloaded and used. After all, a number of law firms let you download term sheets and other forms such as SAFEs. Our simple...more
Letter from the Editors -
Dear Readers,
In this issue we focus on a number of basics for building growth enterprises. We lead off with a terrific podcast on the importance of assembling a strong board of directors. We...more
Small venture capital funds and special purpose vehicles, which otherwise qualify as “venture capital funds,” can now raise money from up to 250 beneficial owners and remain within the 3(c)(1) exemption of the Investment...more
Letter from the Editors -
As Tolstoy once wrote, “Spring is the time of plans and projects.” Hopefully, the snows of winter are finally behind us, and it’s time to look forward, build, and create! We at Mintz Levin continue...more
Letter from the Editors -
All everyone can talk about these days are cryptocurrencies and the stock market. While there are still skeptics regarding cryptocurrencies and Initial Coin Offerings (ICOs), there is little doubt...more
Letter from the Editors -
Words are very powerful and the language we use often frames a discussion. For example, the term “shareholder activist” sounds like a consumer friendly person who has everyone’s best interests at...more
Historically, most startup companies were funded either by the offering of equity or by loans in the form of convertible promissory notes. Recently, however, there have been some hybrid instruments created to fund startups....more
Seniority Matters -
There is little doubt that activity in the trading of secondary shares of private companies remains robust. Private companies are staying private longer and there seems to be an unlimited demand to buy...more
Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in...more
Letter from the Editors -
Dear Readers,
Our client, Benji Cohen, was running an Energy Markets Division at Macquarie when he had a lightbulb moment. Everywhere he looked valuation models were being put together in...more
If there is one common theme that entrepreneurs tend to have, it is fire – meaning, many entrepreneurs are passionate about an exciting idea that they seek to turn into a business. However, entrepreneurs often quickly realize...more
Letter from the Editors -
Dear Readers,
The world of raising capital for emerging companies has experienced a revolution. Prior to the enactment of the JOBS Act in 2012, raising capital for private companies was...more
9/29/2016
/ Capital Raising ,
Crowdfunding ,
Crowdsourcing ,
Data Breach ,
Data Security ,
Dwolla ,
E-2 ,
Entrepreneurs ,
FinTech ,
Good Faith ,
H-1B ,
Initial Public Offering (IPO) ,
Innovation ,
JOBS Act ,
Parole ,
Privacy Laws ,
Private Placements ,
Public Offerings ,
Rule 506 ,
Visas
The world of raising capital has been evolving over the last several years. Offerings of securities generally used to fall into two main buckets: (i) private placements under the old Rule 506 or (ii) a public offering. With...more
Letter from the Editors -
Dear Readers,
One of the interesting facts that we have learned over the years is that there appears to be a correlation between the NASDAQ public market (which is heavily weighted with...more
7/27/2016
/ Crowdfunding ,
E-SIGN ,
E-Signatures ,
Funding Portal ,
Intellectual Property Protection ,
Nasdaq ,
Robotics ,
Startups ,
Technology Sector ,
UETA ,
Venture Capital
Letter from the Editors -
Dear Readers,
There is an ancient Chinese proverb that goes like this: When the wind changes direction, there are those that build walls and there are those that build windmills. In the...more
5/18/2016
/ Angel Investors ,
Apple ,
Biotechnology ,
Capital Markets ,
Early Stage Companies ,
Email ,
Entrepreneurs ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Securities Act ,
Tax Credits ,
Venture Capital
In late 2015, New York City Mayor Bill de Blasio signed into law a three-year extension of NYC’s biotechnology tax credit. The credit, which was set to expire on January 1, 2016, is now available through December 31, 2018....more
As the Northeast begins (hopefully) to thaw out and we head into an early spring (so said the Groundhog), we are excited to deliver our new issue of TechConnect — our bimonthly newsletter on “all things technology” in the...more