logo-small.png
- BLOG -

Headquarters

501 Boylston Street, 10th Floor

Boston, MA 02116

(617)-737-5000

info@outsidegc.com

ON-DEMAND INSIGHTS

Kristin Kreuder

Recent Posts

Stock Options and 409A Valuations in the Private Sector

Stock Options and 409A Valuations in the Private Sector

March 23, 2022 at 11:46 AM - 409A Valuation,

Stock options can serve as an important tool for attracting new talent to your company and retaining top-quality employees or consultants. To avoid tax surprises and penalties, however, options must be issued at exercise prices set at the then-current value of the company’s stock. Although publicly-traded companies can easily determine this value, a private company has no readily available source for the current value, and therefore, must determine the fair market value of the company’s stock pursuant to Section 409(A) of the Internal Revenue Code (IRC) – hence the name “409(A) Valuation.” Despite the complexity which the term “409(A) valuation” suggests, it is not mandatory that a company engage a valuation company to perform the valuation. And if your company is a start-up with limited assets and no income, you may justifiably wonder if procuring a formal valuation is worthwhile. In fact, a company can comply with Section 409(A) without engaging a third-party valuation expert; this approach, however, is not risk-free.

Continue Reading
Key Considerations in Creating an LLC Operating Agreement

Key Considerations in Creating an LLC Operating Agreement

January 25, 2022 at 9:12 AM - LLC,

You’ve decided to form a limited liability company (LLC) for your new business venture - congratulations. Now you must make a few key decisions about the LLC, such as choosing the state of formation and filing to register your entity. As we discussed in an earlier post, another basic step in the formation process is drafting an operating agreement (also known as an LLC agreement) which will include important provisions relating to the management and ownership of the business.

Continue Reading
5 Key Elements of a Document Retention Policy

5 Key Elements of a Document Retention Policy

December 1, 2021 at 12:08 PM - document destruction,

A document retention policy is a set of practices adopted by a company to guide how documents, records and other important information are to be stored, saved and destroyed. Companies adopt document retention policies for any number of reasons, but many do so in order to comply with state and federal laws mandating either specific retention periods for certain types of records or document destruction protocols. A comprehensive policy also plays a critical role in helping to determine the existence and location of certain records in the event of litigation. At a minimum, these policies can help to control document storage costs by eliminating retention of any records whose maintenance may no longer be necessary or required by law.

Continue Reading
6 Key Issues in Mutual Non-Disclosure Agreements

6 Key Issues in Mutual Non-Disclosure Agreements

March 16, 2021 at 3:19 PM - commercial contracts,

Commercial transactions often involve the disclosure of proprietary and confidential information by one or both parties to an agreement. To preserve the value of such information, the disclosing party typically expects the receiving party to sign a non-disclosure (NDA) or confidentiality agreement. Although NDAs can vary considerably, when both parties to an agreement wish to protect proprietary information, a mutual NDA will be negotiated.

Continue Reading
Special Provisions in Termination Agreements - Part 2

Special Provisions in Termination Agreements - Part 2

June 26, 2020 at 10:34 AM - commercial contracts,

Just as the reasons why parties choose to terminate a contract will vary, so too will the nature of the relationship between the parties, as well as the complexity of the original business arrangement. Sophisticated relationships and complex deal terms often necessitate the inclusion of additional provisions in the termination agreement. In Part 2 of this series, we review those terms which are illustrative of a more complex termination arrangement:

Continue Reading
The Basics of Termination Agreements - Part 1

The Basics of Termination Agreements - Part 1

June 22, 2020 at 1:34 PM - commercial contracts,

In business, as in life, things don’t always work out as expected. When the parties to a contract wish to end their relationship (for any number of reasons, such as dissatisfaction with goods/services, better pricing found elsewhere, or simply a desire to walk away from the deal), a termination agreement enables them to formally cancel their contract before its expiration date[1]. In this two-part series, we will examine the basic provisions found in most termination agreements (part 1), as well as more complex provisions that are often required in more sophisticated transactions (part 2)

Continue Reading
5 Tips to Optimize Your 'Work from Home' Arrangement

5 Tips to Optimize Your 'Work from Home' Arrangement

March 25, 2020 at 12:10 PM - coronavirus,

In this new reality, which I (not so fondly) refer to as “quarantine-ville,” most workers have been mandated to work from home. For the lawyers of Outside GC and Patent GC, working from home is a core element of our business model; but for most, this arrangement is brand new territory. Since we’ve been doing this with great success for the past 18 years, we’d like to share some tips to help improve your productivity, and perhaps more importantly, help keep you sane.

Continue Reading
Highly Negotiated Provisions of an Independent Contractor Agreement

Highly Negotiated Provisions of an Independent Contractor Agreement

January 17, 2020 at 10:24 AM - contract negotiation,

As discussed in Part I of this series, independent contractor agreements contain a number of key protective provisions, the majority of which are driven by the type of services/work to be performed and the relative risk to each party. These provisions tend to be highly negotiated between the parties, in part due to the fundamental differences in the objectives of each party.

Continue Reading

Subscribe to our Blog

Popular Posts

   
This publication should not be construed as legal advice or a legal opinion on any specific facts or circumstances nor an offer to represent you. It is not intended to create, and receipt does not constitute, an attorney-client relationship. The contents are intended for general informational purposes only, and you are urged to consult your attorney concerning any particular situation and any specific legal questions you may have. Pursuant to applicable rules of professional conduct, portions of this publication may constitute Attorney Advertising.

Outside GC is an innovative approach to legal services for growing and mature businesses. Companies who engage Outside GC fall into two main categories: (1) those without in-house counsel who need regular, on-going legal support but do not wish to hire a full-time in-house lawyer, and (2) those with in-house counsel who do not wish to add more full-time resources to their existing in-house staff. Contact us to speak to one of our on-demand attorneys.