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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....

 

HTMLOrder Issued for Retaliation Against Dodd-Frank Whistleblower
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
Now that the SEC’s whistleblower program is in full operation, the enforcement action highlighted here may become more of a common occurrence. This enforcement action against Paradigm Capital Management, Inc. (“Paradigm”), an SEC registered investment adviser, and its principal...

 

HTMLPortfolio Manager Sanctioned for Prohibited Act
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
Christopher B. Ruffle, portfolio manager of The China Fund, Inc., a fund registered under the Investment Company Act of 1940 was recently sanctioned by the SEC for orchestrating a securities transaction when he knew that the transaction raised affiliation concerns and was a prohibited joint...

 

HTMLChina's Auto Industry Invests in Michigan
Chao Meng; Foley & Lardner LLP;
Legal Alert/Article
July 7, 2014, previously published on June 26, 2014
With more than $1 billion invested in Michigan each year, Michigan is a top destination for Chinese investors. According to Jerry Xu, the President of the Detroit Chinese Business Association, Chinese investors are coming to Detroit and Southeastern Michigan to partner with American companies 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...

 

HTMLBreaking News: Supreme Court Rejects President’s Recess Appointments as Unconstitutional
Ryan N. Parsons; Foley & Lardner LLP;
Legal Alert/Article
July 7, 2014, previously published on June 26, 2014
In a long-awaited monumental opinion, the Supreme Court today held unanimously that President Obama’s purported “recess appointments” to the National Labor Relations Board in January 2012 were unconstitutional. The Court rejected the President’s arguments that he could...

 

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...

 

HTMLDistrict Court Upholds FTC Hart-Scott-Rodino Rules for Pharmaceutical Patent Transfers
Benjamin R. Dryden, Alan D. Rutenberg; Foley & Lardner LLP;
Legal Alert/Article
July 7, 2014, previously published on June 26, 2014
A federal court has upheld the validity of the FTC’s recent rules for reporting certain transfers of exclusive patent rights in the pharmaceutical industry under the Hart-Scott-Rodino Antitrust Improvements (“HSR”) Act. We explained these Hart-Scott Rodino rules back in November...

 


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