Archive for November, 2009

Walker Twitter Highlights: November 23rd – 29th

Sunday, November 29th, 2009

For those of you who missed this week’s Twitter updates, below you’ll find highlights of our top tweets.  If you would like to see all of our tweets or would like to receive an RSS feed of our tweets, you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott     (more…)

Rescission Offers: Five Tips For Entrepreneurs

Tuesday, November 24th, 2009

In light of the Madoff affair and other significant external pressures, the Securities and Exchange Commission (the “SEC”) and State securities law commissions and departments are dramatically stepping-up enforcement of securities laws.  Indeed, there is a heightened level of regulatory scrutiny that entrepreneurs need to be aware of as they struggle to raise capital during this difficult economic period.  I have discussed the most common securities law violations in a relatively recent post: “Five Common Mistakes Entrepreneurs Make in Raising Capital”; and as I pointed out in “Mistake #1”, non-compliance with applicable securities laws could result in serious adverse consequences. (more…)

Walker Twitter Highlights: November 16th – 22nd

Monday, November 23rd, 2009

Please note – we changed our Twitter handle to @ScottEdWalker (previously @WalkerCorpLaw).  For those of you who missed this week’s updates, below you’ll find highlights of our top Twitter posts.  If you would like to see all of our tweets or would like to receive an RSS feed of our tweets, you can do so here.

If you have any questions or comments with respect to any of the tweets below, please contact us through the comments section of this post.  Many thanks, Scott   (more…)

Techcrunch Gets It Wrong Re Tweetphoto CEO (Plus, Lessons For Entrepreneurs)

Thursday, November 19th, 2009

Introduction

Yesterday evening, Michael Arrington of TechCrunch posted an interesting piece entitled “TweetPhoto CEO Says Too Much In Interview, Gets Fired. And That’s Just The Beginning…” (which has been subsequently re-posted throughout the blogosphere).  Unfortunately, Arrington has gotten his facts all wrong — at least according to Dan Caulfield, the CEO in question.

Arrington sets forth in his post that Caulfield “apparently said too much in [his podcast] interview [with Frank Peters], disclosing confidential information about partnerships [and] was fired by the company for the transgression.”  In the comments section to the post, however, Caulfield denied that there was any connection between his firing and the interview.  First, yesterday evening, he noted that: “I conducted this interview on [the] Morning of Nov 9th.  It had nothing to do with me leaving the company”; and then, this morning, he added that: “I was terminated a week prior to anyone hearing the interview.  Events not connected.”  Caulfield also retweeted the TechCrunch link to the post yesterday evening with a “Totally false!” insertion. (more…)

Walker Twitter Highlights: November 9th – 15th

Sunday, November 15th, 2009

For those of you who do not follow Walker Corporate Law Group, PLLC (Walker) on Twitter, I have set forth below highlights of our tweets for the past seven days (in reverse chronological order).  I indeed hope that a few of the links to articles, blog posts, podcasts and videos are helpful to our clients and friends.  If you would like to follow Walker on Twitter (or if you would like to receive an RSS feed of our tweets), you can sign-up here.  You can also check out the recent tweets of some of the entrepreneurs, venture capitalists and others Walker is following by clicking their photos on such page.  If you have any questions or comments (or if you would like any additional information) with respect to any of the tweets below, please contact me through the comments section of this post.  Many thanks, Scott   (more…)

Issuing Stock Options: Ten Tips For Entrepreneurs

Wednesday, November 11th, 2009

Fred Wilson, a New York City-based VC, wrote an interesting post a few days ago entitled “Valuation and Option Pool,” in which he discusses the “contentious” issue of the inclusion of an option pool in the pre-money valuation of a start-up company.  Based on the comments to such post and a google search of related posts, it occurred to me that there is a lot of misinformation on the Web with respect to stock options – particularly in connection with start-ups.  Accordingly, the purpose of this post is (i) to clarify certain issues with respect to the issuance of stock options; and (ii) to provide ten tips for entrepreneurs who are contemplating issuing stock options in connection with their venture.  (more…)

Walker Twitter Highlights: November 1st – November 8th

Sunday, November 8th, 2009

For those of you who do not follow Walker Corporate Law Group, PLLC (Walker) on Twitter, I have set forth below highlights of our tweets for the past seven days (in reverse chronological order).  I indeed hope that a few of the links to articles, blog posts, podcasts and videos are helpful to our clients and friends.  If you would like to follow Walker on Twitter (or if you would like to receive an RSS feed of our tweets), you can sign-up here.  You can also check out the recent tweets of some of the entrepreneurs, venture capitalists and others Walker is following by clicking their photos on such page.  If you have any questions or comments (or if you would like any additional information) with respect to any of the tweets below, please contact me through the comments section of this post.  Many thanks, Scott (more…)

Sec Form D And Related Securities Laws: Q&A For Entrepreneurs

Tuesday, November 3rd, 2009

As I mentioned in a recent post, one of things that surprised me when I moved to Southern California from New York City in 2005 was the lack of sophistication of some of the players in the so-called “middle market.”  Indeed, I was particularly surprised to see so many investment bankers and other intermediaries running around and raising capital for private companies without being registered as a “broker-dealer” with the Securities and Exchange Commission (the “SEC”).  As I have previously discussed (see mistake #4 here ), this is a huge potential problem for the issuer, particularly in light of the recent changes to SEC Form D.  Accordingly, I thought it would be helpful to entrepreneurs to provide them with a basic understanding of the new, revised Form D and related securities laws via a question-and-answer format.  (more…)