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HTMLTerm Sheet Math — When Is Your 66 Percent Really 52 Percent?
Edouard C. LeFevre; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on July 1, 2014
When negotiating valuation for a financing, an investor may conduct detailed due diligence and present you with a term sheet that reflects multiples, discounts, comparables, and so forth. In the end, you are negotiating for percentage — how much of the company will the investor get, and how...

 

HTMLWhen Do Your Investors Have Interests That May Conflict With Yours?
Edouard C. LeFevre; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 27, 2014
Good investors give you money. Great investors provide you with money, resources, networking, and experience. You need to work hard to attract great investors, with a focus on building a long-term relationship. If you are successful in attracting investor interest, the next step is negotiations....

 

HTMLEconomic Manufacturing Quantities: The Right Amount and the Right Locations
Nicholas E. Williams; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 26, 2014
Does your manufacturing firm have enough facilities creating the optimum number of products in the right locations? As manufacturing abroad became viable, the siting options became innumerable. Now, already difficult decisions are becoming more complicated due to market trends. Oil prices are...

 

HTMLKnow Your Affiliates
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
One aim of the Investment Company Act is to protect against fund insiders, or affiliated persons, using fund assets for their own purposes to the detriment of the fund and its shareholders. For example, Section 17 of the Act prohibits or restricts a wide range of affiliated transactions, and...

 

HTMLAnother Court Rules That Dodd-Frank Act Whistleblowers Need Not Disclose Information Directly to the SEC
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on July 2, 2014
In Bussing v. COR Clearing, LLC, No. 8:12-CV-238 (D. Neb. May 21, 2014), a federal judge ruled that the anti-retaliation provision of the Dodd-Frank Act protects whistleblowers who do not disclose information directly to the Securities and Exchange Commission (“SEC” or...

 

HTMLDo You Need a Pre-Nup ... for Your Co-Founders?
Edouard C. LeFevre; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on July 2, 2014
When you pop the question, “Will you co-found with me?”, you are probably not already thinking about separation.

 

HTMLGotta Pass the Smell Test, Too
Dabney D. Ware; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
A Florida court recently let a claim proceed under the Americans with Disabilities Act (“ADA”), even though the employee had been terminated for a positive drug test and the ADA has a specific exclusion for current drug users. In legal terms, the court denied the employer’s...

 

HTMLGiving Stock to Your Employees — How and How Much?
Edouard C. LeFevre; Foley & Lardner LLP;
Legal Alert/Article
July 7, 2014, previously published on June 26, 2014
Equity grants can be an attractive alternative to cash when compensating employees, consultants, and service providers. Beware, though: if not structured properly, equity grants can cause some nasty consequences for the company and the recipient, including issues related to taxes and labor and...

 

HTMLSupreme Court Rules That Aereo’s TV Transmissions Infringe Copyrights as an Illegal Public Performance
Andrew Baum, Jeanne M. Gills; Foley & Lardner LLP;
Legal Alert/Article
July 7, 2014, previously published on June 25, 2014
In a 6-3 decision earlier today, the United States Supreme Court held that Aereo infringes broadcasters’ copyrights by providing the means for subscribers to view programs through individually-assigned antennas at about the same time they are broadcast over the air. Reversing the Second...

 

HTMLUSPTO Extends Deadline to Comment on Subject Matter Eligibility Analysis
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
July 7, 2014, previously published on June 26, 2014
Yesterday at BIO’s session entitled “Patent-Eligibility from the Trenches: Practical Implications of the Supreme Court’s Prometheus (Mayo) and Myriad Decisions” a panel of experts and an engaged audience discussed the controversial USPTO “Guidance for Determining...

 


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