409A valuations can be one of the most confusing aspects of representing startups. One of the most common conversations I have with founders is that most companies want their 409A valuation to be lower rather than high. Why would a company want a low 409A...
The COVID-19 pandemic has brought with it several opportunities for businesses to access an unprecedented amount of government stimulus in the form of loans, grants, and tax credits. Most business owners are familiar with the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan...
On Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act”. The CARES Act creates a number of different programs that aim to support society and the economy during the COVID-19 public health and...
The Coronavirus disease 2019 (COVID-19) pandemic has created unprecedented upheaval in the American way of life. Widespread business and school closures, shelter in place orders and travel restrictions have disrupted the personal and commercial lives of millions. Uncertainty abounds and our clients must move forward...
On March 16, 2020, the State of California ordered gyms, health clubs, movie theaters and restaurants to close down as the state battled the spread of the coronavirus. The State’s order to close these businesses down raised the question of whether the businesses would then...
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA). Importantly, the FFCRA is actually two separate acts, each of which imposes different employer obligations: the Emergency Paid Leave Act (E-Paid Leave Act) and the Emergency Family and Medical Leave Expansion...
In the United States, designs can be protected by design patents, copyright, trademarks, and trade dress. A design patent covers the ornamental aspects of a useful object. In a design, any aspects which are merely functional are not protectable by a design patent. For example,...
Most of the time, litigation is considered a last resort, largely because of its cost and the fear of a loss before an unsympathetic judge or jury. Although there are usually good reasons to avoid litigation, approaching a dispute in fear of litigation usually results...
For over twenty years I have been representing various early-stage startups in Silicon Valley. Startups require significant capital, and banks are hesitant to lend funds to small businesses without collateral or personal guarantees. Therefore, most startups look for early-stage high-risk capital to fund their business,...
When buying for growth, to best capture the value that drove the deal and to optimize having your M&A transaction succeed, you, the buyer, must clearly understand and decisively act upon the following: IT IS IMPERATIVE THAT YOU ENGAGE IN EARLY PRE-CLOSING PREPARATION FOR AN IMMEDIATE...