CONTENT CENTER
Delaware’s Corporate Law in the Culture War: What It Means for Startups and Founders
Controversial rulings—combined with high-profile criticism from high profile figures like Elon Musk—have sparked a broader debate about whether companies should explore alternatives…
A Closer Look at New York State’s Proposed Ban of Non-Compete Agreements
New York may become the latest state to ban non-compete agreements after the New York State Assembly and Senate each passed legislation seeking to curtail their use by employers.
IRS Issues Notice 2023-44 Clarifying the 48C Program Application Process and Timeline
On May 31, 2023, the Department of Treasury and the Internal Revenue Service released Notice 2023-44 to provide additional guidance on Section 48C, a revised and expanded allocation-based investment tax credit for qualified investments in eligible qualifying advanced energy projects. The Notice modifies and clarifies Notice 2023-18, which was released on February 13, 2023 and provided detailed mechanical guidance on applying for allocations of the Section 48C Credit
Benefits and Legal Risks of Embracing Generative AI Applications
One of the industries that can be transformed by generative AI is the legal industry. The revolutionary tools powered by generative AI raise many questions: will the legal industry prohibit or embrace this technology? If it embraces the technology, what will adaptation look like in practice? And, it even poses an existential question – does it have the potential of making lawyers obsolete?
Board Warns Employers to Pare Back Overbroad Non-Disparagement and Confidentiality Provisions in Severance Agreements
Severance agreements offered to non-supervisory employees that include broad-based non-disparagement and confidentiality provisions are unlawful according to the National Labor Relations Board. The Board’s decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023), reverses Trump administration era Board decisions on this issue, and if upheld, may have far reaching consequences for both unionized and non-unionized workplaces.
Extending for Success: The Rising Trend of Extension Rounds and the Importance of Due Diligence
In light of a slowing market, companies that have already secured venture capital funding are increasingly resorting to extension rounds as a means of obtaining additional capital in an attempt to avoid a down round financing and extend their runway until the fundraising environment improves. Extension rounds can provide several strategic benefits for startups.
From the Edge - In the Boardroom: Session 2 - Running an Effective Board Meeting
Our In the Boardroom: Practical Advice and Guidance podcast series features insights from Mintz Members Steve Osborn, Melanie Levy, and Tom Burton on a wide variety of topics specific to boards. For decades, Steve, Melanie, and Tom have guided companies from inception to exit, and have encountered, navigated, and mitigated innumerable board-related issues. From their experiences, you can learn a great deal. Let’s take a listen!
From the Edge - In the Boardroom: Session 1 - Board Basics
Welcome to our new podcast series In the Boardroom: Practical Advice and Guidance, featuring insights from Mintz Members Steve Osborn, Melanie Levy, and Tom Burton on a wide variety of topics specific to boards. They’ll answer all of your questions related to the “who, what, when, where, and how” of boards.
California Assembly Passes Sweeping Age-Appropriate Privacy Legislation
California is leading the way on privacy regulation --- again. The California State Assembly has passed AB 2273, which, if approved by the California Governor, would require businesses that provide online services, products, or features likely to be accessed by children or teens under the age of 18 to increase their privacy and safety protections.
Determining Entity Status Before the United States and Patent Trademark Office: Large, Small, or Micro?
When filing any patent application with the United States and Patent Trademark Office (USPTO), patent applicants must designate their entity status. Selecting the correct entity status can significantly reduce costs, so it is important to determine the correct entity status and update the status as needed throughout a patent’s and patent application’s life. Below is a discussion on how a patent applicant or patentee can determine their entity status and change their entity status after an initial designation, if appropriate.
The Patentability of Blockchain and Cryptocurrency
Frank L. Gerratana explains blockchain technology and the relationship between blockchain and cryptocurrency.
Crowdfunding Considerations for Early Stage Companies
The SEC expanded its capital raising rules for Regulation Crowdfunding. Since, there has been significantly more interest from start-ups to make use of the expanded investment opportunities. This article highlights key considerations for start-ups raising capital by crowdfunding.
Corporate Boards' Role In Workplace Vaccine Mandates
Given the importance of the employee stakeholder to the corporate mission, and the board's obligation to manage corporate risks associated with employee health and welfare, corporate boards may have a role in workplace vaccination mandates.
California Legislature Passes New Key Privacy Laws, Expected to Be Signed Next Week
California lawmakers wrapped up this year’s legislative session, passing roughly 900 bills this year. Among those were only a few privacy initiatives, which we outline in this article.
Waivers of Obligations and Deadlines under the Investors’ Rights Agreement
Founders should understand and appreciate each of the new requirements to which they are subject by virtue of their company’s IRA. This article reviews two provisions of the IRA where a company’s management team might find itself stymied if it fails to appreciate the relevant deadlines and deliverables, many of which may not have applied to the company before it took on new investments.
EXCLUSIVE RIGHTS: Intellectual Property — Blockchain, Cryptocurrency, and IP: What Does the Future Hold?
In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Mintz Intellectual Property attorneys Frank Gerratana and Daniel Weinger explore cryptocurrency, blockchain, and how IP factors into the future of these emerging technologies.
FTC Personal Health Records Breach Rule Applies to Health App and Connected Device Developers
On September 15, 2021, the FTC issued a Policy Statement offering guidance on the scope of the FTC’s Health Breach Notification Rule. The Breach Rule applies to a wide range of health apps where identifiable health information is involved.
What You Need to Know To Be An Effective Board Member For a Private Company
By Bertie Magit
While many materials instruct directors on their fiduciary duties, there are fewer resources available addressing the day-to-day responsibilities delegated to directors. This article helps directors and companies understand the general areas of responsibility of directors.
Another Court Orders Production of Cybersecurity Firm’s Forensic Report in a Data Breach Case
Another district court just ordered the defendant in a data breach class action to turn over the forensic report it believed was entirely protected from disclosure by the attorney-client privilege and work product doctrine. The court granted the motion to compel Rutter’s to produce its investigative report (the “Kroll Report”), which was created after the defendant was notified of a potential breach.
New York City Offers Up to $20 million to Projects Selected from Life Sciences Innovation Infrastructure RFP
The New York City Economic Development Corporation (the “NYCEDC”) is seeking proposals from not-for-profit organizations and not-for-profit/for-profit joint ventures to support New York City’s life sciences community.
Sort by Topic:
Form a Company
Raise Capital
Build Your Team
Protect Your Idea and Data
Grow Your Company
Exits
View our full collection of blogs from Mintz by topic