Pitching/Decks
10 Startup Pitch Tips

This blog was originally published in December of 2013 but was revised in June of 2024 and is still accurate.  In my role as a venture attorney, I receive a handful of pitch decks each week and see hundreds of […]


Crowdfunding
SEC Releases Long-Standing Proposed Crowdfunding Rules

Finally! Ten months after they were supposed to be released, the SEC released the proposed crowdfunding rules to the general public on October 23, 2013. The proposed rules are currently in the middle of the 90-day comment period, and as […]


Fantasy Sports & Gaming
Why Playing Fantasy Sports Is Legal (For The Most Part)

You’ve certainly seen or heard about them, and you may even participate in a few yourself. With tens of millions of participants per season, Fantasy Sports Leagues are a billion-dollar industry that are slowly becoming an American obsession. Most recently, […]


The Company Agreement Explained
The Company Agreement Explained: Member-Managed v. Manager-Managed

Before you form an LLC, you should determine the management structure of your LLC. In Texas, there are two options: member-managed or manager-managed. Before we delve into the difference between the two, let’s back up a bit and first discuss […]


General Business
How To Resolve Decisions In Deadlock

One may be the loneliest number, but two can be worse than one in the context of founders. Because we represent so many startups and small businesses, we end up drafting a lot of closely held Company Operating Agreements/Shareholder Agreements. […]


Intellectual Property
Why Your Primary Worry Should Be Execution, Not Confidentiality

I represent two startup founders with a brilliant idea that I think is going to disrupt a traditional everyday service. I’ve been working with them from day one to put their team and concept together. Early on, one of the […]


The Company Agreement Explained
The Company Agreement Explained: What Are Classes Of Members?

Having different classes of members is just like having different classes of stock in a corporation. Oftentimes, it’s a good idea to set out classes of members when you want members to have different rights or duties. Situations where setting […]


Intellectual Property
Who’s Your GoDaddy? (Company Domain Name Ownership)

Because of the nature of startups, most early steps are taken before a company is officially organized with the state. This includes registering the domain name. As a result, there is a good chance that one of the founders registered […]


The Company Agreement Explained
Drafting LLC Company Agreements: What Is A Capital Contribution?

I recently had a meeting with a client who wanted to make sure his initial investment in an Limited Liability Company was well documented by the LLC. One way to document the initial investment is in the LLC’s Company Agreement. […]


The Company Agreement Explained
The Company Agreement Explained: Why Do I Need A Company Agreement If I Have A Certificate Of Formation?

Clients regularly ask, “Why do I need a Company Agreement if I have a Certificate of Formation?” To answer the question directly: the difference lies in the purpose of the two documents. Certificate of Formation The Certificate of Formation (also […]