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Acing Your First Start-up Board Meeting: Board Deck Tips

You’ve worked day and night getting your start-up off the ground and have been fortunate enough to attract investors who have funded your start-up, who now have a seat on your board of directors. Now comes a big milestone: your first board meeting with investor directors. You want to impress them and reinforce their decision to make an investment in your start-up. But how do you pull together a deck that wows without overwhelming them? The key is crafting a clear narrative that quickly gets to the point. In this article, we’ll walk through best practices for creating a compelling board deck — from outlines to visuals — so you can ace that presentation with confidence. With the right preparation, your first board meeting will be a success.

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Maryland Enacts Sweeping Privacy Reform
Articles, Grow Your Company Sophia Fein Articles, Grow Your Company Sophia Fein

Maryland Enacts Sweeping Privacy Reform

Members Gregg Benson, Daniel DeWolf, and Associate David Salamon co-authored an article in ALI CLE’s The Practical Lawyer discussing the tax implications and strategies for converting a start-up organized as an LLC into a corporation. Their article specifically dives in on the potential benefits of the Qualified Small Business Stock (QSBS) rules under Section 1202 of the Internal Revenue Code.

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The Qualified Small Business Stock Issues Affecting Conversion Of An LLC Into A Corporation, as published in the practical lawyer
Form a Company, Articles Sophia Fein Form a Company, Articles Sophia Fein

The Qualified Small Business Stock Issues Affecting Conversion Of An LLC Into A Corporation, as published in the practical lawyer

Members Gregg Benson, Daniel DeWolf, and Associate David Salamon co-authored an article in ALI CLE’s The Practical Lawyer discussing the tax implications and strategies for converting a start-up organized as an LLC into a corporation. Their article specifically dives in on the potential benefits of the Qualified Small Business Stock (QSBS) rules under Section 1202 of the Internal Revenue Code.

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Preparing a VC-Backed Company for an Exit Event
Exits, Articles Sophia Fein Exits, Articles Sophia Fein

Preparing a VC-Backed Company for an Exit Event

Initial public offerings (IPOs) and M&A exits are the two most common means of achieving liquidity in a private company. This article addresses an acquisition transaction, which requires preparation and oversight that many founders and managers need to learn as they go. Although getting to an M&A exit event is by no means a guarantee, nor is it the desired path for every founder, there are several things that founders and the company management team can do to ensure that the M&A process goes smoothly.

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In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court
Build Your Team, Articles Sophia Fein Build Your Team, Articles Sophia Fein

In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court

On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S. going forward and invalidate the existing non-competes of nearly 30 million workers.

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New Jersey Adopts a Comprehensive Data Privacy Law
Protect Your Idea and Data, Articles Sophia Fein Protect Your Idea and Data, Articles Sophia Fein

New Jersey Adopts a Comprehensive Data Privacy Law

2023 was a record-breaking year, with legislators in Delaware, Indiana, Iowa, Montana, Oregon, Tennessee and Texas passing comprehensive data privacy laws, joining California, Colorado, Connecticut, Utah and Virginia. Already 2024 is on pace to beat 2023’s record year, as New Hampshire (New Hampshire Privacy Act, SB 255-FN), New Jersey (New Jersey Privacy Act, SB 332) and Kentucky (HB 15) lawmakers have already passed comprehensive privacy laws. This post provides the details and information you and your business need to know about the New Jersey Privacy Act (NJPA), signed into law by Governor Phil Murphy. You can find our discussion regarding the New Hampshire Privacy Act here.

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Important Updates to the New York LLC Transparency Act
Form a Company, Articles Sophia Fein Form a Company, Articles Sophia Fein

Important Updates to the New York LLC Transparency Act

The New York LLC Transparency Act (NYLTA) has recently been amended. The key take-aways are as follows:

Effective Date has been pushed back a year to January 1, 2026.

Reporting Companies formed or registered in New York prior to January 1, 2026 will have until January 1, 2027 to provide initial reporting information.

Reporting Companies formed or registered in New York after January 1, 2026 will be required to provide initial information within 30 days after formed or registered in New York.

Set forth below in additional detail is an updated Client Alert on the NYLTA.

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Essential Annual Actions for Start-up Boards
Grow Your Company, Articles Sophia Fein Grow Your Company, Articles Sophia Fein

Essential Annual Actions for Start-up Boards

As a founder of a start-up, you have your hands full, and the end of your start-up’s fiscal year can sneak up on you. But, as the year-end approaches, you should be mindful of a few key actions your start-up board will want to consider on an annual basis. In this article, we’ll walk through the most common annual actions to be approved by start-up boards at their meetings held around the end of the fiscal year: the budget, compensation, including bonuses and equity awards, and other administrative action (including, the appointment of auditors and ratification of officers). Keeping your board engaged on these crucial items yearly will allow the board to see that you are capable of leading all aspects of the business, including in the area of corporate governance, and will ensure you receive valuable guidance and feedback from your directors.

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Section 409A Valuations: Mastering the Art and Science in a Volatile Venture Market
Articles, Build Your Team Dinesh Melwani Articles, Build Your Team Dinesh Melwani

Section 409A Valuations: Mastering the Art and Science in a Volatile Venture Market

Within the unpredictable landscape of start-ups and private companies, market volatility can significantly alter a company’s financial trajectory. An integral part of navigating this volatility is understanding the role and function of Section 409A[1] valuations. These valuations, which play a critical role in the financial and tax planning strategies of organizations, serve as an independent measure of a company’s common stock value. In this article, we explore the intricacies of Section 409A valuations, focusing on their importance, timing, and methodologies, and offer strategies for engaging with third-party firms to achieve a valuation that most closely aligns with your company’s worth.

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Considering Converting an LLC into a Corporation? Here Are the QSBS Issues You Should Be Thinking About.
Articles, Form a Company Guest User Articles, Form a Company Guest User

Considering Converting an LLC into a Corporation? Here Are the QSBS Issues You Should Be Thinking About.

A common question we receive from founders is whether to organize their start-up business as a corporation or as an LLC . While there are many non-tax related factors that need to be considered, this is often (at least in part) a tax driven decision. Organizing the business as an LLC can come with certain tax advantages, such as avoiding an entity level corporate tax and, subject to various limitations, permitting founders to use losses generated by the business and passed through on their Schedule K-1 to offset their other income. Alternatively, while organizing the business as a corporation results in an entity level corporate tax and precludes the pass-through of losses, it may permit the founders to access the “qualified small business stock” (QSBS) rules of Section 1202 of the Code.

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IRS Issues Notice 2023-44 Clarifying the 48C Program Application Process and Timeline
Articles Guest Contributor Articles Guest Contributor

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

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