Dispute Resolution

The Health of Hybrid Entities: How many benefit corporations and social purpose corporations are out there? A comparison and data analysis on the SPC’s relative success.

Last month, over at SocentLaw, I came across an interesting blog post by Haskell Murray explaining a collaborative attempt to quantify how many benefit corporations exist across the US. The post is quick to admit that the numbers cannot be completely trusted because the relevant state agencies (usually the secretary of state) don’t necessarily have …

The Health of Hybrid Entities: How many benefit corporations and social purpose corporations are out there? A comparison and data analysis on the SPC’s relative success. Read More »

Kickstarter and Scam Artists

The concept of crowdfunding is very intriguing to me.  The idea that a young company could utilize a tool such as Kickstarter to fund a new venture, thus avoiding the costly and difficult prospect of acquiring traditional venture capital, is exciting.  Indeed sites that help small businesses acquire funding have started to carve out a …

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The Importance of Understanding Bylaws and Operating Agreements

One of the most common questions coming from start up companies revolves around what corporate governance documents are needed upon formation. Whether you are incorporating as a limited liability company (an “LLC”) or a Corporation, you need to take the time to put together and understand the initial corporate governance for your company, to ensure …

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Benefit Enforcement Proceedings for the Benefit Corporation– What are they and How will they work?

As more and more states enact legislation authorizing Benefit Corporations, more questions will be asked about the form and function of these hybrid entities.  Nowhere are these questions more evident than when examining the dispute resolution process set forth in the various state statutes. A quick primer.  Benefit Corporations are designed to allow a corporation …

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Personal Guaranties and Service Contracts – A thorny legal issue

Many founders of small companies and social enterprises will be asked to Guaranty service contracts or engagement agreements with consultants or contractors.  This should raise some key questions before any founder or small business owner puts themselves, and their assets, on the line for these relationships. The concept of the personal guaranty is not a …

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Examining the “Independent” Benefits Director requirement for New Jersey and Vermont Benefit Corporations? Could it be a Deterrent?

As most people following the social enterprise world are aware, legislation has made its way through several states allowing for the formation of a hybrid business structure called the Benefit Corporation.   A Benefit Corporation is a unique entity structure as it represents an attempt to bridge the gap between the for-profit and non-profit worlds.  Benefit …

Examining the “Independent” Benefits Director requirement for New Jersey and Vermont Benefit Corporations? Could it be a Deterrent? Read More »

Boilerplate considerations: when to have an attorneys’ fees provision in your contracts.

I walked out of the conference room feeling great.  We had just hammered out a settlement dismissing a breach of contract lawsuit against our client.  The settlement terms were fair, and I was especially pleased because, at the time, I thought the chance that these particular parties would come to an agreement was slim.  Then …

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Dispute Resolution Planning for Social or Hybrid Entities

With the uncertainty surrounding new corporate entities such as the Benefit Corporation, Flexible Purpose Corporation, and Low Profit Limited Liability Company, it is important for these businesses to contractually control the dispute resolution process. Legislation acknowledging  new forms of business entities called “Benefit Corporations” (enacted in six states California, Maryland, Virginia, Vermont, Hawaii and New …

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