1) Working with the Wrong Kind of Investors There’s a saying in the startup world: “the first money that goes in determines how much money, if any money at all, comes in after.” Regular startup investors are an incestuous lot, and they’re usually a pretty sophisticated group, too. If you look at the resumes of superstar … Read More
Too often, startups lock themselves into thinking that there are only a few ways to raise capital. But that’s not true. There are plenty of different ways to raise money if your business if promising and if you’re creative. VCs and angel investors might have certain vehicles they return to repeatedly, but there’s no reason … Read More
When you’re a startup lawyer, part of your job is to serve as a document merchant. It’s part of the job, but it’s probably my least favorite part of the job. I love learning from startups. I love working with startups. Working with growing startups to make them better — that’s just what we do. Providing high-quality documents … Read More
If you’re reading this, there’s a good chance that congratulations are in order. Someone is very interested in what you’re doing. But best not to get too excited just yet. There’s a lot of work ahead before you get to your final destination. If you have a business that has been the main source of … Read More
I often think about the future of the practice of the law, and about how it’s going to change over the next twenty years. In the book Average is Over, economist Tyler Cowen uses an analogy that I’ve found compelling. It’s about chess and the future of human-computer relations. Until 1997, the best humans could … Read More
Do you know what a term sheet is? A convertible note? Preferred stock? A private placement memorandum? A 506 offering? A liquidation preference? A participation right? A tag-along right? If you don’t, you’ll be at a disadvantage if and when you pitch your startup to investors. This slideshow is from the presentation Kieran McCarthy gave … Read More
This is a question I try to ask all startups that hire me at the very beginning. And while some startups know right away why they’re doing what they’re doing, a few struggle to answer. Having seen hundreds of startups in their birthing stages, I think the answer to this question drives the answers to … Read More
Service marks are a counterpart of trademarks, and the two are often used interchangeably. This blog post summarizes what you need to know about service marks. What is a service mark? In contrast to a trademark, a service mark brands, identifies and distinguishes a service, whereas a trademark achieves the exact same function, except for … Read More
A common source of confusion is whether the name of one’s company is a trademark. The short answer is that it can be. The rest of this blog will explain the answer more fully. But, before we can proceed, let’s define some terminology: Trade Name – “Any name used by a person to identify his or … Read More
This article is the first in a series of articles that will be written on Internet Privacy Policies. This article is intended to succinctly communicate the important legal issues of CalOPPA. The purpose of this article is simple – to notify website owners of whether they should be CalOPPA compliant. What is CalOPPA? The California … Read More
