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Steven S.

Steven Stark

497 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

282 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

255 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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Adrienne F.

Adrienne Fischer

2 reviews
Adrienne Fischer is an attorney at law with over six years of experience. She started out as an employment law attorney, but have since gained experience in other legal practice areas as well, including business formation and commercial contracts. Adrienne is licensed to practice law in California and Colorado. She received her legal degree from the Southwestern Law School. Adrienne founded her own legal firm, Summit Law Solutions, in January 2017.
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Bradley H.

Bradley Haight

2 reviews
Energy work is complex and requires a specialized attorney that has a thorough understanding of the industry. Bradley Haight has actually sold, developed, and built wind and solar projects. He also works with startups and other businesses in transactions, project development, and service. Mr. Haight knows that you want to avoid litigation and his legal strategies are focused on that goal
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Nicole S.

Nicole Sollberger

2 reviews
Accomplished corporate associate specializing in entertainment and media matters. I have 3 years of transactional practice at a top Los Angeles-based law firm as well as IP... read more
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Joel J.

Joel Jacobson

1 review
Entrepreneurs and investors have unique legal needs that cannot be addressed by just any firm. They must have a firm that recognizes how they are different from other businesses. Joel Jacobson and RUBICON Law Group, Ltd. knows that entrepreneurs and investors require an attorney that can keep up with their changing landscape and Joel Jacobson’s versatile skills fit the bill.
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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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Michael W.

Michael Weinberger

Attorney Michael Weinberger is experienced in all areas of business law and can help new entrepreneurs start their business. He has helped many top businesses with their commercial contracts, commercial leases, and asset purchases. Mr. Weinberger currently works at Becheart Consulting and served 8 years prior to that at a large international franchise. Some of his most notable clients include Drybar, Orange Theory Fitness, and Maui Wowi.
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Kirk A.

Kirk Anderson

Kirk Anderson is an attorney at law with four years of experience. He is licensed to practice law in Colorado and received his Juris Doctor degree in law from the University of Kansas School of Law. Kirk is experienced in drafting, negotiating and reviewing commercial contracts. He is also skilled in legal research and writing, and he often assists startup businesses and entrepreneurs with their legal issues. Kirk has been a sole practitioner since November 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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Preferred Return

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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.

How Is the Preferred Return Calculated?

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

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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:

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

  1. Venture Capital Financing – giving a company a piece of your company in exchange for getting money from them today.

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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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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.

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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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