Trade Secrets: Reverse Engineering

By: Allison Zweng The Uniform Trade Secrets Act (UTSA) defines a trade secret as “information, including a formula, pattern, compilation, program device, method, technique, or process, that: 1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain […]

Equity Compensation for Independent Contractors

By: Kat Zhao If you are an early-stage startup with non-founder members on the team, they are most likely working for you as independent contractors. Unlike employees, independent contractors are not covered under federal or state employment laws (e.g., the minimum wage laws). This, however, does not mean that startups can avoid paying independent contractors. […]

Just Updated your Privacy Policy? CA says “Try Again.”

By: Alex Theodosakis After California passed the California Consumer Privacy Act (CCPA) in 2018, privacy lawyers scrambled for the better part of 2019 to revamp and rework all of their client privacy policies. The CCPA forces most businesses with clients or customers in California to reconfigure their privacy policies and data-collection processes to grant access […]

Are You Covered? A Starter Guide to Website Terms of Service and Privacy Policy

By: Brett Simpson Now more than ever, having an online presence for your company can be vital to early success. Small businesses have easier and cheaper access to powerful tools that can build extremely useful website functions like ecommerce or community forums. But with these powerful functions comes a great deal of responsibility, particularly when […]

Should Entrepreneurs Generally Get Agreements in Writing?

By: Gabe Rosen Throughout the process of building their businesses, entrepreneurs will find themselves making deals with a wide array of other parties. Whether it is hiring new employees, selecting a Board of Directors, or partnering with distributors, there are many deals to be struck in the life-cycle of a start-up. Sometimes entrepreneurs make such […]

CREATIVE USE OF STOCK CLASSES UNDER DELAWARE CORPORATE LAW

By: Nam Jun Park In September of 2020, Peter Thiel’s secretive project of nearly two decades, Palantir, had its direct listing on the New York Stock Exchange. While news of hiccups during the direct listing have received most media attention, some may be more interested in what the Wall Street Journal has called “one of […]

Delaware, Nevada, or Home: Where should you form your entity?

By: Narmada Murugan When choosing a domicile in which to form an entity, the default choices tend to be one’s familiar home state, where they currently are and/or plan to actually conduct their business, or the buzzy-choice of Delaware. Even many non-lawyers and business people are aware of the popular choice of Delaware (and infamously, […]

Community Energy Ownership; A New Space for Energy Startups

By: Thomas Muholland The United States is failing to meet its energy goals. In the next ten years, some sectors in the United States may even see an overall increase in emissions.[1] Our country is simply not doing enough to mitigate global warming, and the United States, the second-largest world emitter of greenhouse gases,[2] is […]

Federal Income Tax Basics for New Business- A Primer

B y Leda Morochina So you’re starting a business, and you know you will have to pay income taxes. But what do those taxes look like? When are they incurred? Are there any expenses you can deduct to lessen this burden? While a business owner should always get consult with an accountant to file their […]

Google v. Oracle Revisited

By: Alex Miller On October 7, 2020, the Supreme Court heard oral arguments for Google v. Oracle to decide 1) whether copyright protection extends to a software interface, and 2) whether Google’s use of Oracle’s Java APIs in Android is a fair use. [1]   At issue here is Google’s copying of Oracle’s Java APIs […]