Work with us: Contract Attorney

Position: Contract Attorney We are seeking an experienced Corporate & Securities Attorney with significant experience and a proven track record of success. This position requires the ability to provide legal advice and guidance on a broad range of general corporate and securities issues. Qualifications • Five or more years of in-house and/or law firm experience […]

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The Law Governing Barter Exchanges

I recently attended the annual conference of the International Reciprocal Trade Association (IRTA), which is the trade association for the barter exchange industry. One of the hot topics was the applicability of state and federal money transmitter laws to barter exchanges. What is a Barter Exchange? Barter exchanges act as a clearinghouse for barter transactions […]

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Partnerships between Co-ops and Nonprofits

Guest post by Luis Sierra of California Center for Cooperative Development Nonprofits that are exempt from federal tax under Internal Revenue Code Section 501(c)(3) must engage in activities that can be characterized as charitable, educational, or religious.  Nonprofits can give money to needy individuals or to other nonprofits, but not to other kinds of organizations.  […]

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Protecting Against Sexual Harassment Claims in California

By Kim Arnone Even an unsupported claim of sexual harassment can have a devastating impact on cash reserves, morale, and reputation.  While an employer cannot know whether one employee will harass another, the best defense to a sexual harassment claim is being in compliance with the law and taking action when notified of an incident. […]

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What is the difference between a Benefit Corporation and a B Corp?

B Corp B Corps are not statutory business forms.  In fact, any business form can be a B Corp – this is slightly confusing because the name implies you have to be a corporation.  In fact a sole proprietorship, partnership, LLC, LLP, co-operative, or any other type of business can be a B Corp. The […]

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Do You Know Where Your Legal Fees Sleep?

By John Katovich In a recent New York Times article, The Tyranny of Billable Hours, the veil is lifted on a law firm practice that, even when viewed in the best possible light, exposes the dark side of many law firms’ motives.  In my 15 years as a General Counsel at the Pacific Stock Exchange, Boston […]

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PART TWO: Section 4(2), Unregistered Public Offerings, and Offering Rescission

By Daniel Roberts So, say you own a startup company that’s trying to raise seed funding to create the next great software platform for social change, such as Kiva or Echoing Green. You’ve exhausted all your personal finances, maxed out your credit cards.  You’ve already taken on some investment capital from family and friends—now it’s […]

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Tips for hybrids about websites and other forms of communication

By Christina Oatfield PART TWO If you have tax-exempt and non-exempt legal entities working very closely with one another, using similar names and/or sharing marketing materials, you must be very careful in your communications about these entities and their activities. The key concern of the IRS and state agencies that regulate nonprofit charities is that in […]

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Mistakes in Private Placements: Navigating the Quagmire

By Daniel Roberts PART ONE Our client approached us with a problem: what to do when a company has sold securities through a Regulation D private placement, but violated the requirements of the exemption? When seeking investment capital to scale a business, simple administrative errors can sometimes result in dire—or at least expensive—consequences for the […]

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Navigating the world of hybrids and collaborations between for-profits and nonprofits

By Christina Oatfield PART ONE  Many of our clients are surprised to learn about the intricacies of the laws governing nonprofit tax-exempt organizations. Certain activities that seem to provide a valuable public good according to everyday common sense are not always eligible for tax-exempt status under Internal Revenue Code 501(c)(3). We at K2 find ourselves […]

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