From the category archives:

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As reported in the Huffington Post:

“It’s estimated that New York’s startup community consists of at least 200 active startups founded by Israelis alone, including Conduit, Taboola, Kaltura and Fiverr. The majority of these Israeli-founded startups have raised at least $10 million in funding each: Conduit raised $110 million, Taboola raked in $40 million, Kaltura $68 million and Fiverr counts $20 million under its belt. With Israel on the fast track to revolutionizing the tech landscape, in the next decade we can expect to see even more cash flowing into Israeli startups – and importantly, their counterparts in NYC.”

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MT @marksbirch: A comprehensive NYC list

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RT @AlleyWatch Structuring Your Financing as the Purchase and Sale of Convertible Notes: http://t.co/wiVCIK3LS3 #startups #hl74

“Generally, if the company and investors can agree on the pre-money valuation and therefore the price per share, there is no reason not to do an equity financing. You should be able to get through the other terms; valuation is often the most difficult term to negotiate. Convertible notes can be very useful when there is great disagreement between the company and the investors over the pre-money valuation of the company. It allows the company and investors to bridge the valuation gap. The valuation is not set, and so the company and the investors can still do a deal.”

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“The Securities and Exchange Commission is making way for a number of startups and online investment platforms to enable startups to crowdsource investment. Early last week, Y Combinator-backed FundersClub received notice from the SEC that the agency would not pursue action against its crowdfunding platform. But it wasn’t alone: a few days later, AngelList received a similar letter from the SEC.”

Source TECHCRUNCH

The introduction of idiosyncratic crowd sourced funding platforms will give more startups access to qualified funding and also raise more interesting structure issues for startup attorneys.

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startupfees

A little over two years ago, venture capitalist extraordinaire Fred Wilson posted “A Challenge to Startup Lawyers (not attorneys)” vehemently complaining about a $17,000 legal bill for a small first round financing involving angels and a few venture capitalists.
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“In the plaintiffs’ version, a dog embarks on a mission to save Christmas from a witch threatening to drain the world of holiday cheer with her magic icicle. In Disney’s version Santa Paws combats an evil icicle that threatens Christmas.”

[Source, TheWrap: “Judge Dismisses ‘Santa Paws’ Copyright Lawsuit Against Disney” 9/20/2012]

The precedent established here is that you cannot copyright the idea of a dog combating an evil icycle. One wonders, of course, what the outcome would have been if Disney had been the plaintiff, had produced its movie, and the plaintiffs here had come along and published their short story.

While I agree with the Court’s decision (federal trial court, Missouri), I rue the inherent ambiguities and unfairness of the laws and their litigated enforcement in our courts.

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“Manchester United IPO: Forget Soccer, It’s a Media Company”

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As cogently expressed in the Wired article titled above:

Taken by Meatto at United practice in New Jersey!

“And also like Facebook, and every other social media company that has tested the public markets recently, Manchester United is pinning its appeal to investors on its ability to monetize the 659 million “followers” it claims to have worldwide. Facebook boasted of more than 800 million users in its IPO filing, but so far they haven’t helped its share price. Nor have big user bases done much for Yelp, Zynga or Angie’s List shares either since they went public within the past year. And Google’s returns have been mediocre during the same period.”

For all of we Manchester United fans, bring on Groupon!.

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Cloud search firm Simplexo recently voiced concerns about who owns copyrights to documents stored in in Google Drive.

Here is the link to the Terms of Service for the Google Apps Free Agreement. I have no idea why it is drafted this way, but here is the awkward excerpt:

7. Intellectual Property Rights; Brand Features.
7.1 Intellectual Property Rights. Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data, and Google owns all Intellectual Property Rights in the Services.

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Software engineer, patent examiner, and IP Blogger Charles Bieneman does a nice job summing up this week’s comprehensive copyright infringement grant of summary judgment in the TetrisMino battle at Tetris Holding, LLC v. Xio Interactive, Inc., No. 09-6115 (D. N.J. May 30, 2012).
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