FAQ

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WHEN SHOULD I CONSIDER GETTING A WILL?

There is never a bad time to start putting together your estate plan. Four main considerations are: (1) If you have kids; (2) If you have pets; (3) If you have important family heirlooms or an inheritance; and (4) If you want certain people to get certain things you own. 

You can learn more through our blog: When Should I Get A Will? 

SHOULD I CREATE A TRUST?

A trust is a more sophisticated way to protect your assets and your loved ones. It is a common vehicle to help these assets avoid probate and get to individuals easier and faster. If you have assets you want to stay out of court and remain in (and out of) the hands of particular individuals, it would be a good time to consider forming a trust.

WHAT ALTERNATIVES ARE THERE TO RAISE CAPITAL FOR MY COMPANY?

There are plenty of ways to raise capital for your company. Here are some suggestions: 

  1. Equity financing via family and friends (i.e. a family & friends round)

  2. Equity financing via institutional investors, angel investors or venture capitalists

  3. Convertible debt (a debt vehicle that converts to equity upon a triggering event)

  4. Private debt financing (i.e. hard money lenders, family and friends) 

  5. Institutional debt financing (i.e. banks and credit unions) 

WHAT ARE THE MOST IMPORTANT DOCUMENTS MY BUSINESS NEEDS?

First and foremost, your registration documents with the state you operate business in. Following this, you need governance documents (i.e. partnership agreement, operating agreement, bylaws, shareholders agreement, buy-sell agreement, etc.). Last but not least, if you are working with contractors or employees, some sort of agreement that ratifies the relationship between them and your business. Included in this final document you should have an IP assignment and restrictive covenant agreement, as well.

WHAT ARE THE FIRM'S FEES?

Our firm operates exclusively on flat fees, payment plans and subscription services. We don't believe that it makes sense for you to invest in your legal based on the amount of time put into your project. Instead, we believe you should be investing in the value that the legal representation we provide in turn provides you. We've done away with the hourly model, as it is outdated, inaccurate and annoying.

HOW DO YOU CUSTOMIZE YOUR SERVICES FOR NICHE COMPANIES?

Our representation is far from cookie-cutter. We have experience in a wide variety of industries and prefer to sit in the passenger's seat of your business as you travel along the winding road of entrepreneurship. By having a first-person perspective, we are able to implement highly customized solutions to your legal issues before they become overly problematic.

DO YOU REPRESENT ANYONE ELSE OTHER THAN ENTREPRENEURS?

We represent businesses, entrepreneurs and their family members. Family members are often times just as rooted in a business as the entrepreneur and at times may also be receiving an interest (cash or equity), as well.

ARE YOU CURRENTLY TAKING ON MORE CLIENTS?

Currently, we are accepting new clients. If this changes we will update you.

DO SECURITIES LAWS (I.E. THE SEC) APPLY IF I'M JUST RAISING MONEY FROM FRIENDS AND FAMILY?

Any time you are providing equity (i.e. shares or an interest) in your company and those who are receiving the equity are relying on you and your business without their involvement to generate a profit, securities laws will apply. The good thing is there are plenty of exemptions to registration with the SEC - it is just a matter of nailing down the right approach and meeting all of the requirements.

ANOTHER BUSINESS HAS THE SAME NAME AS MINE, WHAT DO I DO?

The first thing to answer is whether the other business is in a same or similar industry as yours. If it is, then you have to answer whether they were in business and using that name before you started your business. Even if you haven't registered your name as a trademark with the Unite States Patent and Trademark Office (USPTO), but were first in use, you may have grounds to pursue legal action.

I WANT TO OFFER SOME INCENTIVE TO A KEY EMPLOYEE, WHAT ARE MY OPTIONS?

There are a few alternatives to offer employees or other key players in your business that won't break the bank. 

  1. Stock options 

  2. Stock appreciation rights 

  3. Phantom stock/equity 

  4. Profits interests

  5. Profit sharing 

  6. Stock/equity grants

Each variation has its own technicalities, pros and cons. We work with your business to find the best solution that will both captivate your key employee and keep your business safe and healthy. 

 

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