Boulder Startup Attorneys & Lawyers

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Steven S.

Steven Stark

528 reviews
For over 30 years, Steven Stark has offered counsel to non-profit organizations and private companies. He has a passion for helping small businesses in particular since he himself started several businesses of his own in New York and Florida. He understands the importance of small businesses having a reliable attorney to advise them about legal matters from their inception.
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Joshua G.

Joshua Garber

285 reviews
Representing notable clients like Tesla and the City of Los Angeles, Josh Garber excels at helping clients with employment and labor laws. Many of his past clients have had great success using Josh for employment agreements and Division of Labor Standards Enforcement (DLSE) hearings. With his practical advice, he has even helped clients avoid going to court.
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Sue D.

Sue Dunbar

264 reviews
Go with Sue Dunbar if you want a big law firm experience with a small law firm cost. Sue's experience working at Robins Kaplan LLP and serving as special counsel to Senator Joseph Dunn has landed her big-name clients like BestBuy, Time Warner Cable, and Yahoo!. Currently, Ms. Dunbar specializes in knowledge about confidentiality and privacy laws regarding sensitive trade secrets.
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Jake S.

Jake Siciliano

141 reviews
Jake graduated from Thomas Jefferson School of Law where he focused on international trademark and corporate law. As of 2022, he has obtained his L.L.M. in Financial Compli... read more
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Kristin D.

Kristin Diamond

110 reviews
Kristin practiced law representing small and large companies for 20 years in Silicon Valley and Colorado's Front Range before starting her own practice, Diamond Legal Group. Her firm provides practical, cost effective legal advice to emerging and established businesses, including Fortune 500 clients. Outside of the office, she is an academic teacher and regular speaker on legal issues.
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David R.

David Rodman

2 reviews
Dave Rodman is a Colorado-based attorney whose legal expertise includes cannabis, FDA, industrial hemp, securities, intellectual property, and corporate law. He is the Foun... read more
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David M.

David Maginsky

2 reviews
David Maginsky is an experienced commercial attorney specializing in contracts, transactions, licensing/ compliance, and in-house legal process. David founded Well Advi... read more
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Colin W.

Colin Wilhelm

Colin Wilhelm specializes in numerous legal practice areas, including litigation, mediation and appeals. In 2011, Colin obtained a license to practice law in Massachusetts. He is currently an associate attorney at The Barsness Law Firm. Colin also gained experience as an associate at the Law Offices of Iannella and Mummolo, as well as while working as an attorney at Lustig, Glaser & Wilson P.C. Colin received a J.D. in law from the New England School of Law.
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Heath P.

Heath Phillips

Heath Phillips has been a licensed Attorney for 7 years. He worked as General Counsel for a company known as Effective UI, Inc. He has also worked for companies such as Marrone Bio Innovations, Cultiva, LLC and OneReach. Heath has many different practice areas including business law and commercial contracts, copyright and trademark application, employment issues as well as product and technology licensing and distribution. Mr Phillips studied Law with The Capital University Law School.
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Lee M.

Lee Morehead

Lee Morehead is an attorney at law with over six years of experience. He is licensed to practice law in Colorado and obtained a J.D. degree in law from the Vermont Law School. Lee primarily specializes in real estate law, but he is also exceptionally skilled in dealing with legal matters that involve labor and employment law. Lee has been serving as a senior associate at Otis, Bedingfield & Peters, LLC, since February 2014.
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From primarily dealing with things like business formation, contracts, leases, equity financing, securities, and intellectual property protection, the Boulder startup lawyers on UpCounsel can help you with a variety of specialized and general startup law related legal matters. No matter what type of startup law needs you have, you can easily hire an experienced Boulder startup lawyer on UpCounsel to help you today.

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What is Equity?

Equity can mean a variety of things, but it generally means how much of something you own after you have paid off any money that you owe to others (debt). In accounting terms, equity is represented with the equation:

Equity = Assets - Liabilities

However, in the startup world, equity usually refers to two specific things:

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Down Round

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What Is a Down Round?

A "down round" is a round of financing where investors pay less for the company's stock than the previous investors. If it happens to your company, it doesn't mean the end times are coming, but it is a major wake-up call and a sign that something needs to change.

The companies that can go through down rounds are startups and other private businesses that don't trade stocks on a public exchange. With no public trading, they sell stock in rounds to private investors. Since a stock exchange can't set the company's value, the company and the investors have to work out their value instead. And when this sets the company's value to lower than it was before, it creates a down round.

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What is a Section 83(b) Election?

Section 83(b) Election tells the Internal Revenue Service (IRS) that you want to report income tax the year your stock was granted instead of when it is vested. This means you will report income at the current stock price when the stock is granted to you instead of the stock price the year the stock vests.

Entrepreneurs grant themselves stock in the companies they start, and often offer their employees and contractors some form of equity incentive (e.g., stock of corporations or membership units of LLCs) to entice them to come on board.  If you’re considering granting stock to yourself as a founder or joining a company that’s offering to grant you stock in addition to or in lieu of a paycheck, you should understand the potential tax consequences before accepting.

The IRS views an equity grant as a form of taxable compensation, and if you’re the recipient o

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Bylaws

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Bylaws are the internal legal rules applicable to a corporation and must be followed by the company, its directors, shareholders, and officers when conducting business. They are applicable to both for-profit and nonprofit corporations.

State statutes govern what bylaws can and cannot say and do, and while there are similar considerations throughout the country, every state is different. So, it’s important to consider state-specific laws when drafting bylaws.

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Updated July 20, 2020: 

What Is Preferred Return?

A preferred return—simply called pref—describes the claim on profits given to preferred investors in a project. The preferred investors will be the first to receive returns up to a certain percentage, generally 8 to 10 percent. Once you reach this profit percentage, the excess profits are split among the rest of the investors as agreed upon in negotiations. This type of return is most commonly used in real estate investment.

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There are three main questions when it comes to calculating the preferred return:

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