Many thanks to Samantha Strauss for her contributions to this article. Whether you are running a startup or leading an established corporation, trade secrets can provide a competitive edge under US law—if handled properly. Unfortunately, that edge can be whittled away, or vanish immediately, if you or your team makes one of the critical errors… Read more »

Click here for our Convertible Note Term Sheet Generator on Cooley GO Click here for our Series Seed Equity Financing Documents Package Generator on Cooley GO Diversity Rider for Convertible Note and Series Seed Equity Term Sheets Many thanks to Alexander Knight for his contributions. In an effort to further advance diversity efforts and increase the… Read more »

When a company issues options to US employees, there are two types it can choose from: incentive stock options (ISOs), which qualify for special tax treatment under the United States Internal Revenue Code, and non-qualified stock options (NSOs), which do not.

UK review by Ryan Naftulin If you’re negotiating for equity financing, bridge financing, bank financing, venture debt, or a commercial transaction for your startup, you may be asked to issue a warrant as part of the deal. This article explains what a warrant is, and outlines some of the key terms to understand. What is… Read more »

What is a Down Round?  A “down round” is a financing in which a company sells shares of its capital stock at a price per share that is less than the price per share it sold shares for in an earlier financing. Why Does it Matter if a Company Does a Down Round? Down rounds… Read more »

Entrepreneurs often ask whether equity crowdfunding is a viable option for funding their company. As is often the case with questions to an attorney, the answer is “it depends”. In 2012, when President Obama signed into law the Jumpstart Our Business Startups Act, commonly known as the “JOBS Act”, US investors and entrepreneurs were excited… Read more »

Often viewed as a quick interim source of funding until the next round of equity financing, convertible notes have become ubiquitous in Southeast Asia and India for many early-stage and even late-stage companies looking to raise capital. While convertible notes in the US venture practice feature a familiar mixture of terms such as conversion caps… Read more »