Guidance
Our knowledge, distilled.
Every step of the way, startups have a lot to think about. We help ease that burden by considering all the angles and providing clients with clear, forward-looking advice. We know just how quickly the startup landscape can change, so we proactively outline emerging issues and provide actionable recommendations for managing the challenges and opportunities those developments present.
Articles
Who Owns the Innovation? IP Strategy in a Transatlantic Company
For many emerging companies, the intellectual property (IP) protecting that innovation is the crown jewel. If the corporate and IP structures drift apart, the result can affect valuation, delay a financing, or leave the investor-backed company dependent on rights it does not securely control. However, moving IP between jurisdictions can often result in other issues, such as tax falling due. So what do founders need to be aware of?
Built for Delaware: What U.S. Venture Capital Investors Really Expect from Your Company Structure
For non-U.S. founders looking to raise capital from U.S. venture funds, one piece of advice comes up repeatedly: If you want U.S. venture capital, be prepared to restructure as a Delaware C corporation. The preference for Delaware is real, but it is not simply because venture capitalists or their lawyers like Delaware.
Sellers Beware: Buyers Are Asking Founders to Pay Legal Bills for Unproven R&W Claims
In private M&A deals, buyers are increasingly asking sellers to cover legal defense costs for post-closing claims even when the claim has not been proven or no representation or warranty (R&W) has actually been breached. This is a meaningful shift in risk, and one that sellers may be blindsided by based on an intuitive sense of how R&Ws should work.
Money Moves Matter: Financing Your U.S. Expansion Without Slowing Your Growth
Expanding into the United States is an exciting milestone for any growing company, but forming the U.S. entity is usually the easy part. The harder—and more consequential—work is designing the financial structure that supports the group structure and governs how money moves around it.
Beyond the Flip: Longer-Term Implications of Operating a Multinational Group Structure
U.S. expansion is not simply about forming a new entity. It’s about building a structure that supports the company’s next stage of growth. Before rushing into a Delaware flip or forming a U.S. entity, consider the most common paths founders take—and the trade-offs each involves.
Beyond the Flip: Structuring Your U.S. Expansion for Scale, Not Just Speed
While much attention is paid to the mechanics of the Delaware flip itself, founders should also consider the longer-term implications of operating a multinational group structure.