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Insights

Federal Judge Strikes Down FTC’s Proposed Ban on Non-Competes

A federal court has struck down the FTC's proposed ban on non-compete agreements, allowing employers to continue enforcing these contracts under state law. While the ruling maintains the status quo, employers should review their agreements for compliance and stay informed about potential future changes to non-compete regulations

California’s New Workplace Violence Prevention Plan Law: SB 553

California’s new Senate Bill 553 (SB 553) requires businesses to implement workplace violence prevention plans. Designed to enhance workplace safety, SB 553 mandates written plans, employee training, and reporting procedures. Staying compliant helps protect your employees and fosters a safer work environment.

Should Your Startup Join an Accelerator or Incubator?

Deciding whether to join a startup accelerator or incubator is a crucial step for early-stage companies. Both offer access to mentorship, resources, and potential funding, but they serve different purposes. Accelerators focus on rapid growth with structured programs, while incubators provide a more nurturing environment for developing business ideas.

Understanding Term Sheets

Navigating a venture capital term sheet is crucial for startup founders. This guide explains key terms like valuation, board composition, investors' rights, liquidation preferences, and anti-dilution provisions to help secure favorable investment deals.

General Counsel

How can investor relations help with future fundraising?

Investors who feel informed and engaged are more likely to participate in follow-on rounds and make introductions to new investors.

General Counsel

What’s the difference between investor relations and board management?

Investor relations cover all investors, while board management focuses on directors who have governance authority. Both require structured communication.

General Counsel

Should I share bad news with investors?

Yes. Investors value transparency. Sharing challenges with a plan for resolution builds trust.

General Counsel

How often should I send investor updates?

Monthly or quarterly is standard. The key is consistency and clarity.

General Counsel

How do terms like option pools and liquidation preferences affect valuation?

They don’t change the headline valuation but impact founder dilution and investor returns. This makes it critical to understand the full term sheet, not just the valuation number.

General Counsel

What role does traction play in valuation?

Traction is one of the strongest drivers. Revenue, user growth, and customer engagement make valuations more defensible.

General Counsel

Should founders always push for the highest valuation possible?

Not always. An inflated valuation can create problems in later rounds if you can’t meet growth expectations, leading to down rounds.

General Counsel

How do investors decide which valuation method to use?

It depends on your stage. Early-stage investors rely more on methods like Berkus and Scorecard, while later-stage investors lean on DCF and comps.

General Counsel

How do I follow up without being pushy?

Send a thank-you email, provide requested info, and share milestone updates. Respectful persistence is better than silence.

General Counsel

Should I hide risks from investors?

No. Experienced investors expect risks. Addressing them openly with mitigation strategies shows maturity and builds trust.

General Counsel

How long should an investor meeting last?

Most initial meetings run 30–45 minutes. Your pitch should take 10–15 minutes, leaving the rest for questions.

General Counsel

What materials do investors expect to see in the first meeting?

A pitch deck, a one-pager, and your cap table are usually enough. Financial models and product demos are useful for follow-ups.

General Counsel

How can founders avoid conflicts over decision-making?

By documenting approvals, following bylaws, and keeping communication open with both the board and shareholders. A decision matrix can help prevent disputes.

General Counsel

Can founders override the board?

No. The board of directors has ultimate authority over major corporate decisions. Founders who ignore board approval requirements risk invalidating decisions and breaching fiduciary duties. The best approach is collaboration and transparency with the board.

General Counsel

What are protective provisions?

Protective provisions are special rights negotiated by investors - usually preferred shareholders - that give them veto power over key corporate actions like mergers or issuing new stock.

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