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The Globe: Fall/Winter 2012

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Read the Fall/Winter 2012 edition of The Globe, LawExchange International's newsletter, here.   LawExchange International is an association of mid-sized law firms serving clients doing business in major commercial markets across the globe. Our members are comprised of some of the top commercial firms serving middle-market and entrepreneurial businesses throughout Europe, North and South America, China, the Far East and Australia. We also boast a correspondent network of relationsh…

Devon White Named President of N.C. Center for Voter Education

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Contact: Bryan Warner, N.C. Center for Voter Education, 877-258-6837 or warner@nccve.org  RALEIGH – Raleigh attorney Devon White has been named as the new board president of the nonpartisan N.C. Center for Voter Education. Since joining the Center’s board in 2006 White has played an active role in the organization, including her previous service as the Center’s vice president. “Devon has been a longtime advocate for reforms that ensure North Carolina …

One Size Does Not Fit All: The Basics of Technology Company Capitalization

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When it comes to startups, one type of equity does not fit all. Below, I’ve outlined several common equities that startup companies issue based on an individual’s role within the company. Founders Often referred to as “Founders’ Stock”, founders typically purchase shares of the company’s Common Stock at the time of inception via a combination of cash (to help capitalize the company and to cover startup costs such as legal, accounting, and other initi…

Merrell Featured in Duke Law Magazine

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Scott Merrell was recently highlighted in the Winter Edition of Duke Law Magazine. Merrell and Professor John Weisart taught a simulation-based seminar to accompany Weisart's Commercial Transaction class. The unique class structure provided valuable real world experience for Duke Law students. The article was part of the magazine's coverage of the integrated learning techniques applied at Duke Law. The full 13-page article is available for download her…

Developments in Indemnification & Advancement Rights in Delaware

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Introduction October 2009 marks the eight-year anniversary of the infamous Enron scandal, which sparked a transformation in the landscape of corporate America. Despite the enactment of the Sarbanes Oxley Act of 2002 and various other attempts at reform, the post-Enron era has been plagued by scandals ranging from the fall of corporate players like WorldCom and Adelphia to the recent subprime mortgage crisis, extensive government bailouts, and Ponzi scheme investigations. Attracting and …

United States Legal Considerations Related to Employee Stock Option Grants

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Stock options may be a valuable component in the compensation mix for US employees in US-based operations.  Extreme care must be exercised in granting stock options to ensure compliance with federal tax laws and federal and state securities laws.   Stock options grant a right to acquire shares of the issuer’s stock for a stated price upon satisfaction of stated vesting requirements.  Incentive stock options (ISOs) are not taxed on grant or on exercise of the op…

10 Ways to Avoid Losing Intellectual Property Assets

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In my role as an attorney representing emerging growth technology companies, I spend a lot of time talking to and working with entrepreneurs as they prepare to start new companies.  This is the last in a series of five posts that I will write exploring some of the legal and practical business issues that aspiring entrepreneurs need to understand as they begin this process.Picking up where we left off last time, your company is now formed and properly capitalized.  You have a gr…

Protecting the Board of Directors

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In our initial article [listed below], we discussed the potential impact of some recent Delaware court decisions that highlighted the importance of careful drafting and planning when it comes to providing for protective rights of directors of Delaware corporations.  One such decision was Schoon v. Troy Corp., in which the Delaware Chancery Court held that a director’s right to indemnification or advancement of expenses provided for in a corporation’s certificate of …

The Basics of Corporate Governance

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In my role as an attorney representing emerging growth technology companies, I spend a lot of time talking to and working with entrepreneurs as they prepare to start new companies.  This is the third in a series of five posts that I will write exploring some of the legal and practical business issues that aspiring entrepreneurs need to understand as they begin this process. Picking up where we left off last time, you have decided that your startup is the next Facebook and you have …