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November 1, 2020Andrew Oringer
Is California v. Texas Taxing for Obamacare?
The ACA now goes down a new road that would seem to belong in a theme park somewhere on Mr. Toad's Wild Ride. If in this game of Hold ‘Em the Texas court's invalidation of the ACA holds, it's anyone's guess as to where this whole thing lands. And even if Texas is reversed, the decision may invigorate serious political discussion regarding how best to go forward, particularly while the case is still winding its way through the courts.
March 14, 2019Byron F. Egan
Choice of Entity and Tax Considerations
Byron Egan compares Texas and Delaware law relating to different kinds of business entities, including across taxation, management, fiduciary duty, business combinations, indemnification, piercing the corporate veil, allocations, distributions, and joint ventures among entities.
March 14, 2019Adam Hull
Venture Capital: Funding a New or Growing Business
Although early-stage companies have numerous potential paths, many founders simply start with an innovative idea, apprehension about the immediate next steps, and big dreams about building a successful business. Only a select few will cash in on a massive exit or other sale transaction. While some companies initially can survive using the founder’s own money, many companies – especially high-growth potential companies (which are the focus of this article) – need significant investment capital to turn ideas and dreams into a real business. Success or failure in the early-stage financing process often is a keystone on which a high-growth potential company’s future depends. There are many variables to early-stage financing, and missteps during the process can haunt a company throughout its lifespan. When an early-stage company conducts this process in accordance with established norms, we have found that, among other things, financing tends to close quicker, valuations remain intact, and founders have better options for subsequent fundraising rounds.
March 4, 2016Carol Bavousett Mattick
The Logic of Securities Laws
The purpose of this paper is to help business lawyers who are not securities law specialists to identify when they have securities law issues in their practices. It is divided into three sections: 1) When is your client issuing securities? (And, when could it, thereby, be engaged in a Ponzi scheme?) 2) When can someone involved in one of your clients’ transaction take a success fee? 3) Under what circumstances can a group of people come together, pool their money and invest as a group?