CONTENT CENTER
Client Corner: Jerry Williamson, CEO of Sengenics
In this episode of Client Corner, Joshua Fox chats with Jerry Williamson, CEO of Sengenics. Jerry has more than 30 years of experience in bioscience markets for life science research, diagnostics, and analytical products.
Judge Rakoff puts the Ripple Party on Ice as the Crypto Community and SEC Ponder their Next Moves
While Judge Rakoff’s decision in Terraform does not disturb the contrasting decision of Judge Torres in Ripple, it does create an internal split among the judges of the SDNY and, more importantly, significantly more uncertainty for crypto companies and the SEC moving forward.
Mintz Launches In Canada, Expanding Life Sciences And Private Equity Practices
BOSTON, TORONTO – Mintz is pleased to announce its expansion into Canada with the opening of a Toronto office, launched by a team of highly regarded and industry-leading attorneys. The new office will add depth and breadth to Mintz’s global Life Sciences practice and will further expand the firm’s strong Private Equity, Capital Markets, and Pensions and Employment practices.
Will a Half-Victory for Ripple Labs Create a Wave of Good News for Digital Asset Exchanges?
On July 13, 2023, a New York federal judge issued a landmark split decision in the SEC v. Ripple Labs case that takes a step toward answering one of the biggest questions in the digital asset space.
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
MintzTech Connect: All Things Technology — May 2023
We lead off this MintzTech Connect edition with a feature of Dan DeWolf’s conversation with Vince Molinari on FINTECH.TV about the state of the venture capital markets. This is followed by an article about the benefits and risks of generative AI’s potential transformation of the legal industry. Finally, we spotlight Coefficient, a B2B SaaS platform that enables users to improve business insights and increase productivity for operations, analyst, and finance professionals at enterprises of all sizes.
MintzTech Connect: All Things Technology — February 2023
We lead off this MintzTech Connect edition with an article about both the benefits and important critical considerations of extension rounds. This is followed by an article about New York’s Pre-Seed and Seed Matching Fund Program, which supports early stage companies in the state. Finally, we spotlight Moolah Kicks, the first and only women’s basketball brand with sneakers made to biomechanically fit female athletes.
Outlook for the Global Venture Capital Market & the Need for Bipartisan Regulations
Dan DeWolf talks with Vince Molinari on FINTECH.TV about the state of the venture capital markets and why Congress needs to look at some "common sense" legislation that will help drive the economy.
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.
New York State Offers Matching Investment Funds for Qualified Early Stage Start-Ups
New York Governor Kathy Hochul recently announced the establishment of a new initiative to match up to $30 million in funding received by early stage companies operating in New York. Through the Pre-Seed and Seed Matching Fund Program, start-ups could receive $50,000 to $250,000 to match investments in the form of convertible debt, a Simple Agreement for Future Equity (SAFE), or equity securities.
In this alert, we provide an overview of the program and its eligibility requirements.
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: Special Edition - Lessons from Theranos
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. With the conviction and 11-year sentence for former CEO Elizabeth Holmes, the team looks at the lessons to be learned from Theranos. The team discusses (1) the importance of open communication between board members and executives, (2) fostering a culture of compliance, and (3) tips for picking up on the early-warning signs.
MintzTech Connect: All Things Technology — December 2022
We lead off this edition of MintzTech Connect with an article initially published in The Deal titled “Top Five Ways to Accelerate Growth of Emerging Companies.” We have also included one of our podcasts regarding running an effective board meeting – a topic that should be of significant interest both to entrepreneurs and their lead investors. Finally, our Spotlight is on Ben Zises and his SuperAngel.Fund. In a short period of time, Ben has become an important player in the seed-stage financing world.
Do You Have The Rights? How to Maintain Investor Confidence When Using Third-Party Intellectual Property
Imagine the following scenario: You, as the founder of a business, have spent the past three years building your company. You have been bootstrapping until now, but the company is at a crossroads and in order to grow the company to its full potential, you have decided to turn to venture capital to attract additional funding. Because yours is a younger company, and therefore a riskier investment, your potential investors have decided to conduct thorough due diligence to allay some of their concerns. You suddenly think about the third parties whose intellectual property your company uses in its regular operation – you paid for access to that intellectual property so you are free to use it however and whenever you want, right?
“Ding Dong” -- FTC-Drizly Data Breach Settlement Will follow CEO Personally for a Decade
The Federal Trade Commission (“FTC”) announced on Monday that it is settling a case against Drizly and its CEO stemming from a 2020 data breach that impacted roughly 2.5 million consumers. The proposed order not only contains a laundry list of security-related obligations for Drizly that span twenty years, but also names and targets its CEO James Cory Rellas personally, hitting him with obligations that will follow him for a decade, even if he moves to other organizations. There are also hints that the FTC intends to elevate information security issues to boards of directors and other top-level executives.
FINCEN Publishes Final Rule on Beneficial Ownership Requirements - A Critical Step Towards Heightened Transparency in U.S. Financial System
FinCEN began the slow, arduous process towards a final set of regulations in April of 2021. Now, nearly eighteen months later FinCEN has published the first of three expected final rules. The first rule, published on September 30, 2022, deals with beneficial ownership reporting requirements and provides clarity regarding which entities must report BOI and what constitutes beneficial ownership (the “Final Rule”). While the full version of the Final Rule can be found on FederalRegister.gov, we further discuss these points and some additional components below.
From the Edge - In the Boardroom: Session 3 - Board Committees
In our third session, “Board Committees,” the team discusses the various types of committees, the role or purpose of committees, committee composition, ESG as it relates to committees, and board committee trends.
MintzTech Connect: All Things Technology — September 2022
We lead off this MintzTech Connect edition with an important technical article about the change in Delaware law regarding the broadening of the exculpation of officers. This is followed by an article about Mintz’s new special relationship with Antler, a global accelerator of early stage companies. We follow with highlights of two emerging companies: Adgile, which is reinventing out-of-home advertising; and Radicle Science, an AI-driven HealthTech enterprise that is reimagining clinical research.
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