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Letter of Intent

Letters of Intent – The Most Valuable Non-Binding Legal Agreement You’ll Ever Sign

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 parties sign a letter of intent, letters of intent are where nearly … Read More

Summary of Colorado Blue Sky Laws

Summary of Colorado Blue Sky Laws (Updated)

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 securities laws, either. Most competent attorneys know about the basics … Read More

Accredited Investors & Sophisticated Investors: How Your Investors Affect (the Cost and Risks of) Your Capital Raise

How Your Investors Affect (the Cost and Risks of) Your Capital Raise

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 on the amount collected from an unsophisticated, or … Read More

Employee vs Independent Contractor: The Choice is NOT Yours

Employee vs Independent Contractor: The Choice is NOT Yours

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. And unfortunately, there is no clear-cut test on what determinates whether a … Read More

When to Use a Non-Disclosure Agreement (NDA) for Your Startup

When to Use a Non-Disclosure Agreement (NDA) for Your Startup

I once heard a mentor at an accelerator say, “NDAs are worthless and if you see a founder trying to get someone to sign an NDA, it’s a clear signal that they’re a startup amateur. Ideas are worthless. I should be able to tell everyone in the world my idea, and if someone beats me … Read More

Don’t Panic: What to Do When You Receive a Cease & Desist Letter

If you’ve received a cease-and-desist letter, now is the time when it is most important to engage in rational decision-making. There is a famous saying by Carl von Clausewitz that war is “simply the continuation of political intercourse, with the addition of other means.” Similarly, litigation, and pre-litigation activity like cease-and-desist letters, can often be … Read More

How to Approach Negotiations: Game Theory and Generous Tit for Tat

How to Approach Negotiations: Game Theory and Generous Tit for Tat

In business negotiations, it’s critical to develop a reputation as someone who will cooperate and get things done. But business is competitive and occasionally aggressive, and there’s a fine line between having a desire to cooperate and ending up a pushover to more aggressive competitors. So where does one strike a balance between the need … Read More

How to Not Bankrupt Your Employees with Equity Awards

How to Not Bankrupt Your Employees with Equity Awards

From startups to major corporations, equity awards can be a great way to attract and maintain a talented workforce. There are a variety of ways a company can transfer partial ownership to its employees—but not every way is equal. In fact, some equity transfers can actually end up being very costly for employees, if not … Read More

to sue or not to sue

To Sue or Not to Sue?

Our litigation clients range from pushing for litigation to tactfully trying to avoid it. But there is one thing they all have in common: they’d rather not have to deal with the situation that has brought them to litigation. Litigation is a bit like an adult version of a grade school fight—if you can walk … Read More