The key to any successful Silicon Valley business is hiring the right people. Indeed, the decision to hire a new employee is an important task for any business, whether it is a startup or a multinational corporation. But what are the legal issues you need to consider before you decide…
Articles Posted in Silicon Valley business attorney
Understanding NFT’s – What You Should Know Before You Buy
NFT’s are a popular new digital asset. Here in Silicon Valley, tech-savvy business owners want to be at the forefront of this cutting-edge technology. Like an asset, however, it is important to understand the product before investing in it or pouring resources into it for technical development of some new…
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+…
As California’s Courts Reopen, Is Your Case Entitled to a Trial Preference?
In the wake of the COVID-19 pandemic, the State and Federal Court in California have become severely backlogged. For months, the courts were closed entirely, hearing only the most urgent cases (such as domestic violence, restraining orders and other protective order type cases). The courts have slowly expanded operations and…
The Impact of COVID-19 on Settlement Negotiations and Litigation
The coronavirus pandemic has caused drastic changes in almost every facet of life in California. For instance, federal, state, and local courts are all facing a major backlog. Many courts were shut down entirely for months, open to only the most urgent cases (such as restraining orders). Now courts have…
Is Your Liability Completely Limited When You Form a Limited Liability Company?
Limited liability companies, or LLCs, are one of the various types of business entities from which you can choose when forming a company. Generally speaking, limited liability companies combine the tax advantages and flexibility of a partnership with the liability protections of a corporation, without subjecting small business owners to…
Negotiating The Definitive Agreement When Selling Your Business
Selling a business can be an extremely lucrative prospect, but like any business transaction, the deal can go wrong and can be unnecessarily costly. The sale of a business usually is not the sale of one asset; instead, all the assets of the business are sold or transferred. One way…
Introduction to Merger & Acquisition Earnouts
An earnout is a type of pricing structure used in mergers and acquisitions that makes some of the purchase price contingent on the performance of the business after the acquisition has taken place. In this sense, the sellers must “earn” this part of the sale price. At its most basic,…
What are the Similarities and Differences between LLC and Corporate Formalities?
Many considerations go into deciding which legal entity to choose when starting a business. In some cases, as the business grows, it may even want to convert into a different entity type. For example, if it began as an LLC and the owner now plans on seeking angel investment, he/she…
What is Member-managed vs. Manager-managed?
When forming a Limited Liability Company (LLC), one must choose who will be responsible for managing the operations of the company. LLCs are managed by either its members or by a manager(s) and are, therefore, either member-managed or manager-managed. Some entrepreneurs know which form they want for their business from…