March 2024 Author: Andrew (Drew) Piunti DPA Law PC drew@dpalawyers.com Company founders often ask their California business attorneys whether they should incorporate in California or Delaware. The answer in the view of DPA Law PC in San Jose is this depends on the founders’ objectives and goals for their new company. As a California based… Read more »
March 2024 Author: Andrew (Drew) Piunti DPA Law PC drew@dpalawyers.com First time startup founders often overlook key intellectual property concepts and provisions in their business contracts and service provider relationships. This is particularly true for those who self-incorporate through LegalZoom or similar sites. While bad consequences from such missteps can often be remedied after the… Read more »
March 2024 Author: Andrew (Drew) Piunti DPA Law PC drew@dpalawyers.com A startup’s receiving its first term sheet is generally an important early milestone. And while investor term sheets are not generic, they are designed to protect the investor’s investment – not the company. So, it is not uncommon for founders and sophisticated investors to diverge… Read more »
January 2024 Author: Andrew (Drew) Piunti DPA Law PC drew@dpalawyers.com Under the CTA (the Corporate Transparency Act) which became effective January 1, 2024, certain privately held and largely unregulated corporations, limited liability companies, and limited partnerships defined as “reporting companies” must report specified identifying information about themselves their beneficial owners to FinCEN (the U.S. Dept…. Read more »
I’ve heard many reasons from co-founders for not wanting to split founder equity more or less equally. Two of the more frequent are (1) the idea for the company wasmine, and/or (2) I started working on the company for “x” months before myco-founder(s). The problem with this, in my opinion, is it tends to overestimatethe… Read more »
Vesting of founder shares – typically acquired by restricted stock purchase agreement, refers to a contractual provision whereby the company retains a right to repurchase some or most of those shares upon the occurrence of certain events. Those events typically include a founder’s premature departure from the company, death, or disability. Upon a “triggering” event,… Read more »
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