Is Shark Tank for Real?

The television show Shark Tank provides an engaging glimpse into the world of business investing, but the reality of venture capital is considerably more nuanced than the show’s dramatic portrayal suggests. While the series captures the excitement of entrepreneurial pitches and deal-making, it significantly simplifies the actual processes of venture investment. The television show typically … Read more

Venture Capital: Roles, Rights & Responsibilities

In a previous post, I explored the pivotal role angel investors play in the startup ecosystem. These early backers provide critical funding and mentorship to fledgling companies while navigating a complex legal and regulatory environment. Venture capital, though building on similar foundations, operates on a much larger scale, with its own distinct set of legal … Read more

Angel Investing: Roles, Rights & Responsibilities

In today’s dynamic startup ecosystem, angel investors play a pivotal role that extends far beyond simply writing checks. These high-net-worth individuals serve as crucial catalysts in the early-stage startup landscape, operating in a complex legal and regulatory environment that merits careful consideration. At its core, angel investing involves providing capital to early-stage startups in exchange … Read more

Securities Law Compliance for Entrepreneurs

As an entrepreneur or business owner, understanding and complying with securities laws is crucial for the success and longevity of your venture. These laws, designed to protect investors and maintain the integrity of financial markets, carry significant implications for businesses of all sizes. This post will explore the importance of compliance, what it entails and … Read more

Enforceability of Loan Prepayment Penalties

The enforceability of loan prepayment penalties generally depends on the specific laws and regulations in the jurisdiction where the loan was originated, as well as the terms of the loan agreement itself. In most jurisdictions, loan prepayment penalties are enforceable as long as they are reasonable and clearly disclosed in the loan agreement. However, there … Read more

IPOs – Negotiating the Terms

Navigating the complexities of an Initial Public Offering (IPO) requires meticulous attention to a myriad of provisions, each carrying significant implications for the company’s future as a public entity. The negotiation of these key provisions can be a delicate balancing act, involving the interests of the company, existing shareholders, underwriters and potential investors. Let’s delve … Read more

Series A Funding: Scaling the Business

In the dynamic world of startups, securing Series A funding marks a pivotal moment in a company’s journey. This first significant round of venture capital financing represents a crucial step for young businesses ready to transition from promising concept to industry player. Series A funding typically comes into play when a startup has moved beyond … Read more

Artificial Intelligence and Private Equity

The best and worst uses by private equity firms of AI depend on how effectively the firms leverage AI technologies to achieve their goals while considering potential risks and—I am hopeful—ethical considerations. Best Use Worst Use The best use of AI by private equity firms involves leveraging AI technologies to enhance investment decision-making, operational efficiency, … Read more

Paycheck Protection Program Rules Revised

In an attempt to target funding to small businesses, the Biden administration has amended the rules governing the Paycheck Protection Program (“PPP”). First, only businesses with fewer than 20 employees may apply during the period from February 24 to March 2. Second, effective in early March, the formula used to calculate the amount of the … Read more

What the …? I’m Selling Securities?!

You have a new business or you’re thinking about expanding your existing business. And you think it would be great to offer some shares or membership interest in your company to an outside investor. Nothing could be easier. Right? Wrong! You may be selling securities and will need to comply with federal and state securities … Read more