Formation Issues

Putting A Cap On Participating Preferred Stock

Participating preferred stock – which entitles the investor to a preferential payment upon liquidation, as well as a share...

Crypto Firm Escapes Fine After Self-Reporting Unregistered ICO

The Securities and Exchange Company has settled charges a Washington D.C.-based crypto startup’s Initial Coin Offering was an unregistered...

Delaware Supreme Court Upholds Dismissal Of Trade Secrets Case Against PE Fund

The Delaware Supreme Court has upheld a lower court’s decision to dismiss smart home company Alarm.com’s trade secrets case...

House Bill Would Exclude Digital Currencies From Definition Of A Security

Two members of the U.S. House of Representatives have introduced a bill that would exclude digital currencies from the...

SEC Publishes Final Rule Expanding Regulation A To Reporting Companies

The Securities and Exchange Commission recently adopted final rules that will allow reporting companies to utilize the Regulation A...

SEC Further Clarifies Some Tokens May Not Be Securities

The U.S. Securities and Exchange Commission continues to further clarify its position with respect blockchain tokens and regulation. Speaking...

In A First, California To Require Public Companies Have Female Directors

California Gov. Jerry Brown recently signed into law a bill that will require all publicly traded companies with headquarters...

Delaware Divisive Merger Statute Takes Effect

An amendment to the Delaware Limited Liability Company Act that allows for the division of LLCs recently took effect....

Super Voting Stock: The Advantages and Pitfalls

The idea of so-called super voting stock can be appealing to founders concerned about losing control of their company....

Delaware Legislation Allowing For Division Of LLCs Moves To Governor’s Desk

The Delaware state legislature has passed a bill that contains a number of amendments to the Delaware Limited Liability...