This section provides guidance related to early employee strategy contract issues.
| Business Entity Comparison Table |
| Choosing the Ideal Structure for Your Business Entity (Chapter 1), Emerging Life Sciences Companies Deskbook – Spring 2008 (Morgan Lewis) Despite the enormous amount of time and energy devoted to launching a company, one of the most important decisions is often overlooked or marginalized as simply a tax-planning decision—choosing how to legally structure the new business. The choice of legal entity can have a significant impact on the future of the company, ranging from tax and liability implications to the number and types of investors that are eligible or willing to participate. This chapter is a brief discussion of the various entities and some of the primary advantages and disadvantages of each. |
| Employment Law Issues for Emerging Companies (Chapter 11), Emerging Life Sciences Companies Deskbook – Spring 2008 (Morgan Lewis) Emerging companies that lack the human resources experience and the internal support enjoyed by their blue-chip brethren are especially prone to making employment-related mistakes that can lead to employment lawsuits. Although no company can be made immune to litigation, focusing on the issues discussed in this chapter will help reduce the risk of litigation, permitting your Company’s executives to focus their time and energy on growing the business. |
| The First 100 Days: Making the Good, Tough Decisions Increases Your Probability of Success, Pittsburgh TEQ Morgan Lewis partner Eric Kline is quoted as Pittsburgh TEQ's "Getting It Done" series talks about developing a plan to increase the success of an emerging technology company. |
| HR Success: Cohera Hired the Right People at the Right Time with a Human Resources Blueprint, Pittsburgh TEQ Morgan Lewis partner Eric Kline is quoted as Pittsburgh TEQ's "Getting It Done II" series talks about how creating a detailed human resources blueprint and sticking to it can help move young companies to the next level. |
| Issues to Consider in a New Venture Spinout This presentation by Morgan Lewis partner Steve Cohen highlights critical issues such as technology transfer and economic terms. |
| It's All About Strategy: Landslide Technologies Lives and Breathes Its Foundation Strategy for Success, Pittsburgh TEQ Morgan Lewis partner Eric Kline is quoted as Pittsburgh TEQ's "Getting It Done II" series explores how an emerging technology company created its foundation strategy, which helped it successfully meet many challenges. |
| Legal Issues for Forming a Global Start-Up Morgan Lewis partner E. John Park presents on the critical steps of forming a global start-up company. |
| Nuts & Bolts –Critical Steps to Building a Successful Start-Up Morgan Lewis partners Paul DeRosa, John Ferreira, Peter Watt-Morse, and Eric Kline tackle basic entrepreneurial issues in this presentation and provide practical advice. |
| Real Estate Leasing Tips for Life Sciences Companies (Chapter 14), Emerging Life Sciences Companies Deskbook – Spring 2008 (Morgan Lewis) In response to the declining demand for space in the office and telecommunications sectors, many landlords are now concentrating on retaining and attracting life sciences companies such as yours. All over the country, landlords are converting existing office and warehouse buildings to accommodate the needs of life sciences companies. When a life sciences company assesses whether to lease space, it should consider several factors, including (i) land-use, zoning, licensing, and safety regulations; (ii) the condition of the property and its ability to use the leased space for the required purposes; and (iii) the economic and business terms of the lease, such as the length of the term, the rent being charged, and the assignment and subleasing provisions. |
| Scaling the Business: Minimize Business Growing Pains with Patience and a Smart Plan, Pittsburgh TEQ Morgan Lewis partner Eric Kline is quoted as Pittsburgh TEQ explores how an emerging technology company is scaling its enterprise to support growth. |
| Section 409 of the Internal Revenue Code (Chapter 12), Emerging Life Sciences Companies Deskbook – Spring 2008 (Morgan Lewis) The American Jobs Creation Act, signed into law on October 22, 2004, added a new section 409A to the Internal Revenue Code of 1986, as amended (the Code). Section 409A makes numerous changes to the taxation of deferred compensation. In general, the changes made by section 409A fall into four categories: the timing of deferral elections, the timing of distribution elections, the events upon which a distribution may be made, and future changes to distribution elections. |
| Signing the Killer Customer: Comanage Did It with a New-Look Partnership, Old-Fashioned Salesmanship... and by Paying Attention, Pittsburgh TEQ Morgan Lewis partner Peter Watt-Morse is quoted as Pittsburgh TEQ's "Getting It Done" series talks about finding customers for an emerging technology company. |
| Summary of Equity-Based Executive Compensation Programs (Chapter 13), Emerging Life Sciences Companies Deskbook – Spring 2008 (Morgan Lewis) Long-term incentive programs are designed to afford key employees an opportunity to accumulate significant capital and to align their interests with those of the shareholders. Long-term equity incentive programs are instituted for various reasons, including (i) to attract and retain key personnel, (ii) to reward executives for their contribution to the Company’s growth and success, (iii) to encourage loyalty and performance on the part of executives, and (iv) in some cases to encourage attainment of specific performance goals. |
