| 1/13/2010 |
Bracing for Change in Patentability for Methods: Strategies for Companies and Venture Capitalists to Manage the Bilski Risk |
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| Four Fenwick attorneys recently attended an oral argument at the U.S. Supreme Court at which justices surprised the patent community by signaling that they likely will cut back on the types of methods that are eligible for patent protection. more |
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| 11/10/2009 |
Trends in Terms of Venture Financing In Silicon Valley (Third Quarter 2009) |
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| We analyzed the terms of venture financings for 103 companies headquartered in Silicon Valley that reported raising money in the third quarter of 2009. more |
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| 8/7/2009 |
Trends in Terms of Venture Financing In Silicon Valley (Second Quarter 2009) |
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| We analyzed the terms of venture financings for 89 companies headquartered in the Silicon Valley that reported raising money in the second quarter of 2009. more |
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| 7/9/2009 |
Trends in Legal Terms in Venture Financings in Israel (Fourth Quarter of 2008 & First Quarter of 2009) |
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| We have analyzed the terms of venture financings for 27 Israeli and Israeli-related technology companies that reported raising money in the fourth quarter of 2008 and in the first quarter of 2009... more |
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| 5/27/2009 |
Trends in Terms of Venture Financing in the San Francisco Bay Area (First Quarter 2009) |
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| We analyzed the terms of venture financings for 92 companies headquartered in the Silicon Valley that reported raising money in the first quarter of 2009. more |
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| 5/6/2009 |
Cleantech Client Alert: Newly-Launched ARPA-E Announces $150 Million Funding Opportunity for "Transformational" Energy Technologies |
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| On April 27, 2009, the Department of Energy announced the availability of up to $150 million of funding for research and development on transformational energy-related technologies. more |
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| 4/22/2009 |
2009 Update to Guide to Starting a Corporation |
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| This guide describes certain basic considerations and costs involved in forming a Delaware or California corporation. more |
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| 4/22/2009 |
2009 Update: Raising the Initial Funding for High Technology Companies in the San Francisco Bay Area |
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| This is a brief summary of the process for raising initial funding in the Bay Area for high technology companies. We hope to help entrepreneurs seeking initial funding understand the alternatives, identify potential funding sources and, most importantly, understand the practical realities of raising initial funding in the Bay Area... more |
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| 4/22/2009 |
Key Service Agreement Issues: Service Providers Checklist |
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| Outsourcing of technology-related services continues to grow. more |
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| 4/22/2009 |
Legal Resource Guide For Entrepreneurs |
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| No single factor is controlling in determining the form of business organization to select, but if the business is expected to expand rapidly, a corporation will usually be the best alternative because of the availability of employee incentive stock plans; ease of accommodating outside investment and greater long-term liquidity alternatives for shareholders. more |
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| 4/3/2009 |
American Recovery and Reinvestment Act: Imminent Funding Opportunities for Clean Tech Companies But Funding Comes with Conditions |
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| The American Recovery and Reinvestment Act of 2009 represents the largest government stimulus package in U.S. history. As has been widely reported, President Obama has made the development and adoption of clean technologies a core goal of his policy initiatives. more |
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| 3/16/2009 |
2008 Silicon Valley Life Science VC Survey |
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| The results of our fifth annual San Francisco Bay Area Life Science Venture Capital Valuation Survey... more |
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| 2/27/2009 |
Trends in Legal Terms in Venture Financings in Israel (Second Half of 2008) |
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| We have analyzed the terms of venture financings for 43 Israeli and Israeli-related technology companies that reported raising money in the second half of 2008....
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| 2/27/2009 |
Trends in Terms of Venture Financing in the San Francisco Bay Area (Fourth Quarter 2008) |
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| We analyzed the terms of venture financings for 128 companies headquartered in the San Francisco Bay Area that reported raising money in the fourth quarter of 2008....
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| 1/7/2009 |
Executive Compensation Alert: IRS Tax Notice For Incentive Stock Options and Employee Stock Purchase Plans |
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| Section 6039 of the Internal Revenue Code of 1986, as amended (the "Code") requires that by January 31, 2009, employers provide certain information to their employees (or former employees) who in 2008 either exercised "incentive stock options" ("ISOs") or transferred shares purchased under an "employee stock purchase plan" (an "ESPP")....
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| 12/16/2008 |
Executive Compensation Alert: IRS Program Permits Avoiding Section 409A's 20% Penalty Tax for Certain Unintentional, Operational Violations Under Certain Compensation Arrangements |
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| On Dec. 5 the IRS announced Notice 2008-113, providing correction methods for certain unintentional, operational failures in relation to non-qualified deferred compensation arrangements and certain equity awards that would otherwise invoke the 20% penalty tax under Section 409A...
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| 11/24/2008 |
Trends in Terms of Venture Financing in the San Francisco Bay Area (Third Quarter 2008) |
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| We analyzed the terms of venture financings for 101 companies headquartered in the San Francisco Bay Area that reported raising money in the third quarter of 2008. There has recently been substantial distress and volatility in world financial markets...
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| 8/15/2008 |
Trends in Terms of Venture Financing in the San Francisco Bay Area (Second Quarter 2008) |
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| We analyzed the terms of venture financings for 108 companies headquartered in the San Francisco Bay Area that reported raising money in the second quarter of 2008. The results of the 2Q08 survey show that companies raising venture capital in 2Q08 continued to receive higher valuations than in their prior round...
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| 8/8/2008 |
Litigation Alert: California Supreme Court Settles Law Regarding Enforceability of Non-Competition Agreements, Releases of Claims |
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| The California Supreme Court has ruled in Edwards v. Arthur Andersen LLP, ___ Cal. 4th ___ , 2008 Cal. LEXIS 9618 (Cal. Aug. 7, 2008) (No. S147190), that non-competition agreements in California are invalid under California Business and Professions Code Section 16600 ("Section 16600")...
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| 6/18/2008 |
Think You Are a Co-Owner of a Copyright?—Think Again |
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| Many copyright owners co-own their copyrights with others, or at least they thought so until the decision came down in Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008)...
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| 4/15/2008 |
Section 409A Valuations and Stock Option Grants for Start-up Technology and Life Science Companies |
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| Federal, and at least one state's, tax laws make it especially important for companies granting stock options as compensation to set the exercise price of the underlying shares at or above the price that can be shown by a reasonable valuation method to be fair market value (FMV) at the time of grant.
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| 3/19/2008 |
2007 Silicon Valley Life Science VC Survey |
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| The results of our fourth annual San Francisco Bay Area Life Science Venture Capital Valuation Survey show a continuation of the positive trend in the life science venture environment.
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| 3/4/2008 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Fourth Quarter 2007) |
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| We analyzed the terms of venture financings for 103 companies headquartered in the San Francisco Bay Area that reported raising money in the fourth quarter of 2007.
more |
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| 1/7/2008 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Third Quarter 2007) |
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| We analyzed the terms of venture financings for 104 companies headquartered in the San Francisco Bay Area that reported raising money in the third quarter of 2007.
more |
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| 9/6/2007 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Second Quarter 2007) |
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| We analyzed the terms of venture financings for 126 companies headquartered in the San Francisco Bay Area that reported raising money in the second quarter of 2007.
more |
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| 7/11/2007 |
Executive Compensation Alert: California Eases Rules for Stock Option Plans |
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| Effective July 9, 2007, California liberalized its regulations concerning the permissible provisions of stock option plans. Practically every stock option plan of a privately-held company that has employees in California that participate in the plan can take advantage of this liberalization
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| 5/30/2007 |
2007 Update on Granting Stock Options in India |
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| This is an overview of some of the legal and strategic issues related to a U.S. parent company granting stock options to employees of its Indian subsidiary, including consideration of exchange controls, securities laws and tax burdens.
more |
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| 5/24/2007 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (First Quarter 2007) |
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| We analyzed the terms of venture financings for 117 companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2007.
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| 5/16/2007 |
Intellectual Property Strategy and Best Practices for R&D Services in China |
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| China's Ministry of Commerce issued guidelines in March on attracting foreign investment in 2007.
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| 4/16/2007 |
Executive Compensation Alert: IRS Issues Final Regulations Under Section 409A |
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| On April 10, 2007, the IRS issued final regulations under Section 409A of the Internal Revenue Code of 1986, as amended (Section 409A).
more |
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| 3/14/2007 |
2007 Update to Guide to Establishing a Subsidiary in India |
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| Businesses in the U.S. continue to move a portion of their development, support and other operations offshore to India, primarily for cost-saving reasons. Venture capital investors may require such outsourcing in order to reduce a company's burn rate.
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| 2/28/2007 |
2007 Update to Structuring Venture Capital and Other Investments in India |
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| Many U.S. and other foreign investors are evaluating alternatives for structuring investments into software development, business process outsourcing, drug discovery and other tech and non-tech companies based in India.
more |
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| 2/21/2007 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Fourth Quarter 2006) |
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| We analyzed the terms of venture financings for 113 technology companies headquartered in the San Francisco Bay Area that reported raising money in the fourth quarter of 2006.
more |
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| 2/5/2007 |
2007 Update to Granting Stock Options in China |
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| This memorandum is an overview of the legal and strategic issues related to granting stock options in China, including understanding Chinese cultural views of employment and compensation, structuring option grants to comply with applicable Chinese currency controls and securities law restrictions and the tax consequences of options to the optionee.
more |
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| 11/16/2006 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Third Quarter 2006) |
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| We analyzed the terms of venture financings for 120 technology companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2006.
more |
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| 10/27/2006 |
Early Stage Financing Term Sheets — Zero2IPO Workshop, Beijing, China |
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| Assumes Caymans, BVI, US or other non-domestic China Corporation / Seed Financing Terms / Issues in China Venture Capital Deals / Venture Capital Financing Terms
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| 8/1/2006 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Second Quarter 2006) |
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| We analyzed the terms of venture financings for 90 technology companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2006.
more |
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| 7/6/2006 |
2006 Update to Structuring Venture Capital and Other Investments in India |
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| Many U.S. and other foreign investors are evaluating alternatives for investments into software development, business process outsourcing, drug discovery and other services companies based in India.
more |
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| 5/2/2006 |
2006 Update to Granting Stock Options in India |
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| This is an overview of the legal and strategic issues related to a U.S. parent company granting stock options to employees of its Indian subsidiary, including consideration of exchange controls, securities laws and obtaining possible tax benefits for an optionee.
more |
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| 4/19/2006 |
Trade Secret Identification Rule |
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| Trade secret misappropriation litigation presents a paradox. To mount a defense, a defendant must be apprised of what the plaintiff asserts was misappropriated.
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| 4/12/2006 |
2006 Update to Doing Business in China via the Cayman Islands |
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| Many companies doing business in China are using a structure which includes a company formed under the laws of the Cayman Islands ("CI").
more |
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| 3/24/2006 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Fourth Quarter 2005) |
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| We analyzed the terms of venture financings for 100 technology companies headquartered in the San Francisco Bay Area that reported raising money in the fourth quarter of 2005.
more |
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| 3/23/2006 |
2006 Update to Granting Stock Options in China |
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| This memorandum is an overview of the legal and strategic issues related to granting stock options in China, including understanding Chinese cultural views of employment and compensation, structuring option grants to comply with applicable Chinese currency...
more |
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| 3/20/2006 |
Legal Issues for Entrepreneurs - Formation and Founders Issues |
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| This guide describes certain basic considerations and costs involved in forming a Delaware or California corporation.
more |
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| 3/12/2006 |
Executive Compensation Alert: India Proposes that Employers Pay a 35% Tax on Stock-Related Compensation |
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| The Government of India's proposed budget for 2007-2008 (commencing April 1, 2007) includes extending the 35% fringe benefit tax imposed on employers to the income their employees in India recognize on exercise of compensatory stock options.
more |
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| 1/23/2006 |
2006 Update to Structuring Venture Capital and Other Investments in India |
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| Many U.S. and other foreign investors are evaluating alternatives for investments into software development, business process outsourcing, drug discovery and other services companies based in India.
more |
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| 1/9/2006 |
Executive Compensation and Benefits Update - Notice 2006-4: Interim Guidance on Private Company Stock Valuation |
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| On December 23, 2004, the IRS issued interim guidance in the form of Notice 2006-4 regarding stock valuation for privately-held companies pending the finalization of the proposed regulations under Section 409A of the Internal Revenue Code of 1986, as amended (the Code).
more |
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| 11/29/2005 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Third Quarter 2005) |
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| We analyzed the terms of venture financings for 100 technology companies headquartered in the San Francisco Bay Area that reported raising money in the third quarter of 2005.
more |
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| 9/30/2005 |
Executive Compensation and Benefits Update—Publication of IRC Section 409A Proposed Regulations |
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| On September 29, 2005, the Treasury Department released the much anticipated Proposed Regulations to Section 409A of the Internal Revenue Code (the "Proposed Regulations").
more |
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| 9/29/2005 |
Corporate and Securities Law Update - Good News for Potential IPOs |
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| Late last week the SEC announced the extension of compliance dates for Sarbanes-Oxley Section 404 reports by non-accelerated filers until their first fiscal year ending after July 15, 2007. This is welcome news for smaller public companies. In addition, the announcement has special significance for private companies contemplating the possibility of an initial public offering within the next 15 months.
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| 8/29/2005 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Second Quarter 2005) |
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| We analyzed the terms of venture financings for 92 technology companies headquartered in the San Francisco Bay Area that reported raising money in the second quarter of 2005.
more |
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| 8/22/2005 |
Corporate and Securities Law Update - California Supreme Court Decision Reduces Risk of Personal Unpaid Wage Liability for Officers and Directors of Troubled Companies |
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| The California Labor Code provides employees with a private right of action to recover unpaid wages against their employer. However, the relevant provisions of the Labor Code do not define who is an "employer."
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| 6/16/2005 |
Start-up Legal Resource Guide: Prepared for the TiE Early Stage Financing Workshop |
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| Seed and VC Financing / Sample Series A Term Sheet / VC for High Tech Companies / Raising Initial Funding in the San Francisco Bay Area / Venture Financing Terms Survey - 1st Quarter 2005 / "Shaking the Money Tree" / Patent Portfolio Strategy for Start-ups
more |
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| 5/19/2005 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (First Quarter 2005) |
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| We analyzed the terms of venture financings for 89 technology companies headquartered in the San Francisco Bay Area that reported raising money in the first quarter of 2005.
more |
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| 2/18/2005 |
Trends in Legal Terms in Venture Financings in Israel (Second Half of 2004) |
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| We have analyzed the terms of venture financings for 63 Israeli and Israeli-related technology companies that reported raising money in the second half of 2004.
more |
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| 11/22/2004 |
An Update on Structuring Venture Capital and Other Investments in India |
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| Many U.S. and other foreign investors are evaluating alternatives for investments into software development, business process outsourcing ("BPO"), drug discovery and other service companies in India.
more |
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| 11/18/2004 |
Trends in Legal Terms in Venture Financings in Israel (Second & Third Quarters of 2004) |
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| We have analyzed the terms of venture financings for 58 Israeli and Israeli-related technology companies that reported raising money in the second and third quarters of 2004.
more |
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| 11/18/2004 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Third Quarter 2004) |
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| We analyzed the terms of venture financings for 113 technology companies headquartered in the San Francisco Bay Area that reported raising money in the third quarter of 2004.
more |
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| 9/21/2004 |
Trends in Legal Terms in Venture Financings in Israel (First Half of 2004) |
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| We have analyzed the terms of venture financings for 50 Israeli and Israeli-related technology companies that reported raising money in the first half of 2004.
more |
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| 8/13/2004 |
Trends in Legal Terms in Venture Financings In the San Francisco Bay Area (Second Quarter 2004) |
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| We analyzed the terms of venture financings for 112 technology companies headquartered in the San Francisco Bay Area that reported raising money in the second quarter of 2004.
more |
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| 10/6/2003 |
Advanced Issues in Outsourcing Agreements |
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| In recent years, many companies have begun to outsource information systems operations to third party vendors. The outsourcing services may be based on one of two broad types of models.
more |
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| 11/1/2002 |
A Patent Portfolio Development Strategy for Start-Up Companies |
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| Successful high technology companies recognize that a comprehensive intellectual property portfolio can be of substantial value.
more |
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| 8/30/2002 |
Venture Capital for High Technology Companies |
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| Founding your own high-growth, high technology company, financing it with venture capital and successfully bringing a product.
more |
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| 8/1/2000 |
Corporate Partnering: A Strategy for High Technology Companies |
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| Corporate partnering and "strategic alliances" are terms used to describe a symbiotic long-term relationship.
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