Guest Contributor 9/7/22 Guest Contributor 9/7/22

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.

Guest User 8/15/22 Guest User 8/15/22

Amendment to Delaware Law Permits Exculpation of Officers in Corporate Charters

Delaware has long permitted corporations to limit or eliminate monetary liability of directors from breach of fiduciary duty of care lawsuits. However, the same protections have not been afforded to a corporation’s officers. Effective August 1, 2022, the Delaware General Corporation Law has been amended to address this discrepancy.

Kati Pajak 7/25/22 Kati Pajak 7/25/22

Is a Public Benefit Corporation Right for Your Mission-Driven Business?

This article is geared towards founders who have an idea for a mission-driven business and want to know what to do next.

Jeremy Glaser 7/20/22 Jeremy Glaser 7/20/22

INSIGHT: Important Matters to Consider When Facing a Possible Down Round Financing

The financial press has been reporting that investors are concerned that the United States economy may be heading toward a recession. In light of this and other factors creating uncertainty in the financial markets, investors are questioning the valuations that companies achieved during the heady times of 2020 and 2021, and are indicating that if a company needs to raise funds, they may need to consider a “down round” financing. A down round financing is when a company’s valuation is lower and its shares are sold at a lower price per share than the company’s most recent financing round.

Dan DeWolf 5/31/22 Dan DeWolf 5/31/22

MintzTech Connect: All Things Technology – May 2022

We lead off this MintzTech Connect edition with a Mintz Minute video on simple and fast ways to write an executive summary for a start-up company. We follow that with an article about the importance of stock vesting in start-up companies. Lastly, our company spotlight is on YUR Inc., a leader in accessible fitness technology in the gaming space.

Guest Contributor 5/9/22 Guest Contributor 5/9/22

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.

Alex Civetta 4/27/22 Alex Civetta 4/27/22

Six Common Contract Traps: A Field Guide

By Alexander Civetta

Here, I present a basic field guide to help you spot and navigate six of the most common and most impactful traps you may encounter out there in the wild, in no particular order.

Dan DeWolf 12/15/21 Dan DeWolf 12/15/21

MintzTech Connect: All Things Technology — December 2021

In this Tech Connect, we feature a video on the patentability of blockchain and cryptocurrency, followed by an article on SEC Rule 148 and an article on a recent Delaware Supreme Court decision regarding the advance waiver of appraisal rights. We then spotlight Miyoko’s Creamery, which offers consumers delicious, plant-based dairy-like products!

Guest User 11/29/21 Guest User 11/29/21

Delaware Supreme Court Upholds Advance Waiver of Statutory Appraisal Rights

Delaware Supreme Court Decision Affirms Key Component of “Drag Along” Critical for M&A Exits for Venture-Backed Companies

Guest User 11/22/21 Guest User 11/22/21

NEW RULE 148 TO EXEMPT “DEMO DAYS” FROM GENERAL SOLICITATION

Effective as of March 15, 2021, the SEC adopted the new Rule 148 which permits entrepreneurs to speak more openly about opportunities for investment in their new enterprises at “Demo Days.” Outlined here are the essential elements of the new Rule 148.

Guest Contributor 11/10/21 Guest Contributor 11/10/21

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.

Guest Contributor 10/13/21 Guest Contributor 10/13/21

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.

Guest Contributor 9/29/21 Guest Contributor 9/29/21

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.

Guest Contributor 9/28/21 Guest Contributor 9/28/21

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.

Guest Contributor 9/21/21 Guest Contributor 9/21/21

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.

Dan DeWolf 8/15/21 Dan DeWolf 8/15/21

MintzTech Connect: All Things Technology — August 2021

In this edition of MintzTech Connect, we discuss ransomware, mandatory vaccinations. Additionally, we spotlight two companies: EcoCart and Stavvy.

Guest Contributor 8/10/21 Guest Contributor 8/10/21

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.

Cynthia Larose 8/2/21 Cynthia Larose 8/2/21

And Now There are Three…. The Colorado Privacy Act

Colorado has now joined California and Virginia to become the third US state to pass a comprehensive data privacy legislation when Governor Jared Polis signed the Colorado Privacy Act (the “CPA”) into law on July 8, 2021.

Guest Contributor 8/2/21 Guest Contributor 8/2/21

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.

Guest Contributor 8/2/21 Guest Contributor 8/2/21

Managing Multiple Bidders in the Sale of a Company

When selling a company through a competitive auction process, a seller may have multiple bidders seeking to purchase the target company. Having multiple bidders compete to purchase the target company can be advantageous to the seller for several reasons.

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