by Kieran McCarthy | Nov 14, 2018 | Financing, General, Startups
If you were getting a divorce, would you ask your soon-to-be-ex-spouse for a divorce lawyer referral? No, you wouldn’t, because that would be so obviously stupid that no rational person would ever consider such an idea. Your soon-to-be-ex-spouse would be the last... by Kieran McCarthy | Sep 20, 2018 | Founders, General
One of my biggest pet peeves with lawyers is when I hear the expression, “there’s a risk here.” In life, there’s always a risk. There’s a risk to waking up in the morning and getting out of bed. There’s a risk to walking your dog on... by Asa Garber | Jun 15, 2018 | Founders, Incorporation, LLC
Many people form LLCs or corporations to protect their personal assets. You don’t want to lose your car, your house, or your personal savings because a business venture didn’t work out. Forming an LLC or corporation gives you access to limited liability. But LLCs and... 
by Kieran McCarthy | May 24, 2018 | Privacy Law
The first question is: does your startup collect data from, store information of, sell products to, or monitor the behavior of anyone in the European Union? If the answer is no, which means you’re certain your users aren’t using your services while traveling in the... by Kieran McCarthy | Mar 14, 2018 | Acquisition, Colorado, Selling A Business
Most business owners and many lawyers underestimate the nuances of how state and local laws can affect the purchase or sale of business. While many of the laws and legal boilerplate that you might see in a purchase transaction will be consistent across state lines,... by Kieran McCarthy | Dec 22, 2017 | My Practice
I grew up in good living conditions, in suburban Denver. But my parents grew up in poor conditions in rural Ireland. And my grandparents grew up in very, very poor conditions in rural Ireland. My great-grandfather was beaten to death by the British army during the... 
by Kieran McCarthy | Nov 8, 2017 | Acquisition, Letter of Intent, Selling A Business
To the untrained eye, letters of intent may seem like the least important part of a business agreement. After all, they’re usually non-binding. And many people equate non-binding with inconsequential. But nothing could be further from the truth. In a deal where the... 
by Kieran McCarthy | Aug 30, 2017 | Colorado, Securities
I’ve found that while entrepreneurs have an excellent sense of the law when it comes to term sheets and venture deals, they have a much more limited understanding of securities laws. What’s worse, many lawyers I’ve talked to aren’t aware of the details of Colorado’s... 
by Asa Garber | Aug 21, 2017 | Financing, Founders
The type of investors you have drastically changes what you need to do to raise capital, the risks your company will incur, and how much it all costs. Understanding the difference will save you money and a lot of wasted energy. This effect is so drastic that—depending... 
by Asa Garber | Aug 4, 2017 | Contracts, Employment, Founders
Businesses do not decide whether a person is an independent contractor or an employee. Whether a person is an employee or an independent contractor is a legal question—based upon how a person interacts with your company, performs work, gets paid, and other factors....