Latest Blog Posts for Strictly Business

• The Pitfalls of Moonlighting in a Day Job for Startup Founders
  on Jan 18, 2016 in Intellectual Property Startups and Venture Capital Founder startups technology
  This post first appeared in Southern Alpha on November 2, 2016. Many, if not most, founders have difficulty being able to afford to work full-time for their startup right from the start. But working in a day job while moonlighting at your venture pr...
• Thoughts on the Final Crowdfunding Regulations
  on Jan 11, 2016 in Startups and Venture Capital Capital Raise Crowdfunding JOBS Act SEC Securities Startup
  In October, the SEC finally completed its implementing regulations to Title III of the JOBS Act, more commonly known as the “crowdfunding” exemption. The 600-page release can be found here. I’m not going to bother summarizing these regulati...
• Red Flags in Purchasing a Business
  on Nov 30, 2015 in General Business Law Due Diligence
  As I’ve written before on this blog, due diligence is a crucial part of purchasing a business. I was recently interviewed by The Ambulatory M&A Advisor, and the resulting article can be found here: http://www.ambulatoryadvisor.com/current-red-...
• Discussion of Recent Invalidation of the US-EU Safe Harbor Framework for Online Privacy
  on Oct 20, 2015 in Technology privacy
  Last week, I was a guest on the “This Week in Law” Podcast, where I talked about the potential impact of the recent invalidation of the US-EU Safe Harbor framework for online privacy. This will likely have far-reaching consequences for st...
• The Dangers of Using Unregistered Brokers and Finders
  on Sep 22, 2015 in General Business Law broker-dealer M&A Securities
  As I’ve written before on this blog, business owners need to be careful about hiring unregistered brokers and finders for capital raises. This rule applies to some M&A events as well. I was recently interviewed by The Ambulatory M&A Adv...
• Why You Can’t Really Include Non-accredited Investors in Rule 506 Offerings
  on Aug 31, 2015 in Startups and Venture Capital Accredited Investor Regulation D Rule 506
  One common misconception I encounter among startups is the idea that companies raising capital can include non-accredited investors in Rule 506[1] offerings. While it is technically true that a Rule 506 offering may include up to 35 non-accredited i...
• Summary of the Proposed Amendments to Form ADV and Investment Advisers Act Rules
  on Jul 31, 2015 in Investment Management Form ADV Investment Adviser SEC
  On May 20, 2015, the SEC issued proposed amendments to Form ADV and the Investment Advisers Act rules. In the release, the SEC proposed amendments to Form ADV that would require advisers to disclose additional information, such as information about s...
• Frequently Asked Questions about Regulation A+
  on Jun 30, 2015 in Startups and Venture Capital Capital Raise Regulation A Regulation A+ SEC Securities
  Back in March, I wrote about proposed revisions to Regulation A, commonly known as “Regulation A+”, which were designed to implement Section 401 of the Jumpstart Our Business Startups Act (JOBS Act). Since then, the SEC issued its final rule, whi...
• Should Founders Subject Themselves to a Vesting Schedule?
  on May 27, 2015 in Startups and Venture Capital founders' stock Startup venture capital Vesting Schedule
  When advising startup clients, I frequently recommend that they subject the shares issued to their founders (as well as those issued to any equity-compensated employees and contractors) to a vesting schedule. This conversation often leads the founder...
• Venture Capital Term Sheet Negotiation — Part 21: No-Shop and Confidentiality Provisions
  on Apr 29, 2015 in Startups and Venture Capital confidentiality no-shop term sheet venture capital
  This post is the twenty-first and final in a series giving practical advice to startups with respect to understanding and negotiating a venture capital term sheet. In the prior twenty posts, we provided an introduction to negotiation of the term...

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