ArticleUpon Further Review: Post-Equity Forfeiture Non-Competes Enforceable Again in DelawareAlon Y. Kapen
ArticleFrom Algorithms to Altruism: Risks and Rewards of xAI’s Benefit Corporation StrategyAlon Y. Kapen
Article“Draft Dodging”: Approving “Nearly Final” Merger Agreement Becomes Dangerous in DelawareAlon Y. Kapen
ArticleStay in Your Lane! Delaware Court Invalidates Stockholder Agreement Provisions that Encroach on Board AuthorityAlon Y. Kapen
ArticleOut of Control! What the Elon Musk Compensation Case Reminds Us about Transactions with Controlling StockholdersAlon Y. Kapen
ArticleParting the Crypto Sea: Ripple’s XRP Ruled to be a Security When Sold to Private Investors, Not a Security When Sold on an ExchangeAlon Y. Kapen
ArticleParting the Crypto Sea: Ripple’s XRP Ruled to be a Security When Sold to Private Investors, But Not When Sold on an ExchangeAlon Y. Kapen
ArticleProposed Reform of Venture Capital Fund Advisor Exemption Will Boost Startup Investment and Founder LiquidityAlon Y. Kapen
Article“Beyond Redemption”: SPAC Shareholder Redemptions and New Excise Tax Could Lead to Year-End Rush to Close or LiquidateAlon Y. Kapen
Article“So What?”: Twitter Resists Merger Agreement Termination by Invoking Musk’s Unclean HandsAlon Y. Kapen
ArticlePassive Aggressive: Unpacking Elon Musk’s Beneficial Ownership Filings Regarding Twitter, Inc.Alon Y. Kapen
ArticleCourse Correction: Why “Ordinary Course” Covenants in Acquisition Agreements Should be Drafted CarefullyAlon Y. Kapen
ArticleComments from the SEC(nut) Gallery: SEC Comment Letters Focus on SPAC Conflicts of InterestAlon Y. Kapen
ArticleCrypto Reform Goes to Congress: Proposed Three-Year Safe Harbor for Distribution of Pre-“Network Maturity” Digital TokensAlon Y. Kapen
Article“Do Your Homework!”: SEC Order Sends Strong Message to SPAC Participants on Due DiligenceAlon Y. Kapen
ArticleFirst Ever SEC Registered Digital Token IPO May Bring Clarity to Blockchain Asset IndustryAlon Y. Kapen
ArticleWhy Private Capital and Crowdfunding Markets Should be Nervous about President Biden’s Regulatory FreezeAlon Y. Kapen
ArticleStrict Traffic Rules for New Crowdfunding Vehicles – Part Three of Exempt Offering Amendments Deeper DiveAlon Y. Kapen
ArticleSignificant Exempt Offering Rule Reforms Approved by SEC to Facilitate Capital FormationAlon Y. Kapen
Article“Kik” in the Butt: Court Decision Against Initial Coin Offering Could be Opportunity for OthersAlon Y. Kapen
ArticleManagement and Common Stockholder Resistance to Acquisitions, and Using Carve-Outs to Overcome ItAlon Y. Kapen
Article“Whoever has the Gold, (Once Again) Makes the Rules”: VC Deal Terms Likely to be More Investor FavorableAlon Y. Kapen
ArticleCOVID-19 Capital Needs Addressed by Temporary Relaxation of Title III Crowdfunding RulesAlon Y. Kapen
ArticleNo Satisfaction: Absence of Affiliation Rule Waiver Leaves Most Venture-Backed Companies Ineligible for Paycheck Protection Plan LoansAlon Y. Kapen
ArticleProposed Three-Year Digital Token Safe Harbor May Bridge Gap to Decentralization or FunctionalityAlon Y. Kapen
ArticleProposed Expansion of “Accredited Investor” Definition Would Benefit Issuers and InvestorsAlon Y. Kapen
ArticleFirst Qualified Regulation A Token Offering: Will “$2 Million Contribution to Crypto Industry” be Precedent Setting?Alon Y. Kapen
ArticleSEC Exempt Offering Concept Release Seeks Comment on Ideas to Ease Restrictions on Sales to Non-Accredited InvestorsAlon Y. Kapen
ArticleFounder Fraud Case Study: Roundtrip Contracts and Other Revenue Recognition SchemesAlon Y. Kapen
ArticlePower Lyfting: Lyft IPO is Latest in Trend Giving Founders Disproportionate Voting PowerAlon Y. Kapen
ArticleIn my Backyard: Real Estate Developers can Use Equity Crowdfunding both to Fund Projects and Convert OppositionAlon Y. Kapen
ArticleImitation Not Always Flattery: SEC Halts ICO that Falsely Claimed Approval by SEC and Self-Created “Blockchain Exchange Commission”Alon Y. Kapen
ArticleGig Stock: Extension of Rule 701 Exemption for Compensatory Equity Proposed for Gig Economy ParticipantsAlon Y. Kapen
Article“No Good Deed”: Free Tokens Issued in Airdrops, Bounty Programs Likely Violate Securities LawsAlon Y. Kapen
Article“Third Time’s a Charm”: House Adopts JOBS Act 3.0 to Fix Earlier Capital Raising Reform EffortsAlon Y. Kapen
ArticleSEC Expands Eligibility for Scaled Disclosure; Signals Possible Auditor Attestation ReliefAlon Y. Kapen
ArticleCan a Digital Token Evolve? Head of Corp Fin Says “Yes”, if Network Becomes DecentralizedAlon Y. Kapen
ArticleDropbox IPO Multi-Class Structure: Bad Corporate Governance or Good Long Term Focus?Alon Y. Kapen
ArticleMassachusetts’ First ICO Enforcement Action Offers Important Lessons for Offshore ICOsAlon Y. Kapen
ArticleBetter Part of Valor: Delaware Supreme Court Rules No Ratification Defense for Director Grants under Discretionary PlansAlon Y. Kapen
ArticleCompany Abandons ICO, Agrees to Cease-and-Desist; SEC Chairman Issues ICO WarningAlon Y. Kapen