With the increased attention paid to companies that feature public benefits or social impact as part of their mission or business plan and with the rise of social impact investors, more and more states are enacting public benefit corporation statutes (five will go effective this year). Delaware revised its statute to include the public benefit corporation in 2013.
As discussed in our previous posts, startups are about capitalizing on ideas, contacts and experience. In the early stages of a startup or pre-startup, founders often socialize their business plan and details about their idea to receive feedback, recruit talent, and obtain funding. However, founders may naturally feel uncomfortable disclosing their plans and ideas to others. Will others protect the startup’s confidential information, or will they use the idea for their own benefit? Could disclosing the idea impact the startup’s own IP rights?
This spring, the SEC adopted final rules required by the JOBS Act, which some hoped would increase smaller companies’ access to capital. Note, this wasn’t the long-awaited crowdfunding rules, it was the expansion of Regulation A (called by many Reg A+).
Regulation A is an existing, and little used, exemption from the registration requirements of the Securities and Exchange Act of 1933. The old Regulation A allowed companies to raise up to $5 million by selling securities to the public (not just accredited investors) in offerings that were not full-blown public offerings.
It does not matter whether a company is approached by a single activist investor or a group of activist hedge funds, a company and its board should have a strategy prepared. In this video, Foley Partner Deepak Nanda discusses steps companies can take to prepare for activist shareholders.
Cybersecurity is an issue that should be top-of-mind for all companies. But there are three misconceptions about cybersecurity that can put companies at significant risk. In this video, Foley Partner Michael Overly discusses these misconceptions and how companies should change their views of and approaches to cybersecurity.