An ever-increasing number of startups and companies in California are opting for direct listings as an alternative to going public through an initial public offering (IPO). If you ask any business owner in California, “What is the hardest part of launching and running a company?” you will probably hear, “Raising…
Business Lawyers Blog
Impact of California Consumer Privacy Act on Startups
Whether your company is headquartered or has a presence in California, you need to be aware of the California Consumer Privacy Act (CCPA), which went into effect in 2020. The consumer-friendly law applies to startups, companies, and other businesses that collect personal information from Californians. The CCPA, which is intended…
The Securities and Exchange Commission (SEC) Amends Its Rules Affecting Investors
After the Securities and Exchange Commission (SEC) amended its “accredited investor” definition in August 2020, it amended its rules once again in November of the same year. In its latest rule amendments, the SEC increased the annual caps on equity crowdfunding and raised the maximum offering amounts for Reg A+…
Expansion of California Family Rights Act
Changes to the California Family Rights Act (CFRA) took effect on January 1, 2021, after the passage of Senate Bill 1383. The expansion of the CFRA has brought significant changes to employers and employees in California. Below, we will summarize everything California employers should be aware of to ensure compliance…
How the Delaware Supreme Court’s Decision Affects Stockholder Demands to Inspect Corporate Books and Records
In December 2020, the Delaware Supreme Court broadened the scope of stockholders’ pre-litigation inspection rights. In a unanimous decision, the Supreme Court reaffirmed the Delaware Court of Chancery’s ruling in Lebanon County Employees’ Retirement Fund vs. AmerisourceBergen Corp. When reaffirming the court’s decision, the Delaware Supreme Court addressed the circumstances…
LLCs Versus Corporations
As a business owner, one of the first decisions you will make is to choose a business entity type. California recognizes many different types of business entities. Each comes with both benefits and limitations, so it is important to work with an experienced California business lawyer to be sure that…
COVID and Legal Compliance for Employers
Running a business is complicated in the COVID era, especially if you run a business in California. After California reopened its economy in June 2021, employers have had to make sure they comply with all applicable state laws, local ordinances, and rules to stay open and avoid hefty fines. Below…
What Is an Accredited Investor?
Accredited investors have access to a wider range of investment opportunities under federal securities laws. While there may be more opportunities available to accredited investors, these opportunities can also carry greater financial and legal risks. The law assumes that accredited investors have enough knowledge to protect themselves from these risks.…
Dual Class Share Structures With Class A and Class B Shares
Capitalizing any new company can be a complicated matter. If too much equity is given away, founders can lose control of their own ideas and innovations. On the other hand, if not enough capital is raised, the business could be more likely to fail due to a lack of critical…
Raising an EB-5 Fund
Registration of securities is a legal requirement that costs investment funds time and money. It is important to stay compliant with all applicable securities laws, so if registration is not financially or logistically feasible, be sure that you have a recognized exemption from the registration requirement. These exempt offerings are…