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Banking and Finance Law

Selected Works

Startups

Articles 1 - 9 of 9

Full-Text Articles in Law

The New Exit In Venture Capital, Darian M. Ibrahim Sep 2019

The New Exit In Venture Capital, Darian M. Ibrahim

Darian M. Ibrahim

No abstract provided.


Public Or Private Venture Capital?, Darian M. Ibrahim Sep 2019

Public Or Private Venture Capital?, Darian M. Ibrahim

Darian M. Ibrahim

No abstract provided.


Intrapreneurship, Darian M. Ibrahim Sep 2019

Intrapreneurship, Darian M. Ibrahim

Darian M. Ibrahim

This Article on “intrapreneurship” has several goals. First, it points out that while much of the legal literature on innovation is concerned with startups (entrepreneurship), the innovation that takes place inside our largest corporations (intrapreneurship) is substantial, important, and understudied. Second, the Article observes that while large technology corporations that used to be startups may remain intrapreneurial in culture, intrapreneurship is less common in the aggregate than we might expect. Reasons include organizational bureaucracy, laws favoring entrepreneurship, and what Clayton Christensen (Harvard Business School) calls “the innovator’s dilemma.” The innovator’s dilemma is, put simply, that good management causes large corporations …


Equity Crowdfunding: A Market For Lemons?, Darian M. Ibrahim Sep 2019

Equity Crowdfunding: A Market For Lemons?, Darian M. Ibrahim

Darian M. Ibrahim

No abstract provided.


Crowdfunding Without The Crowd, Darian M. Ibrahim Sep 2019

Crowdfunding Without The Crowd, Darian M. Ibrahim

Darian M. Ibrahim

The final crowdfunding rules took three years for the Securites and Exchange Commission to pass, but crowdfunding—the offering of securities over the Internet—is now a reality. But now that crowdfunding is legal, will it be successful? Will crowdfunding be a regular means by which new companies raise money, or will it be relegated to a wasteland of the worst startups and foolish investors? This Article argues that crowdfunding has a greater chance of success if regulators abandon the idea that the practice does (and should) employ “crowd-based wisdom.” Instead, I argue that crowdfunding needs intermediation by experts that mirrors the …


Crowdfunding Signals, Darian M. Ibrahim Sep 2019

Crowdfunding Signals, Darian M. Ibrahim

Darian M. Ibrahim

No abstract provided.


Crowdfunding Without The Crowd, Darian M. Ibrahim Sep 2019

Crowdfunding Without The Crowd, Darian M. Ibrahim

Darian M. Ibrahim

No abstract provided.


Democratizing Startups, Seth C. Oranburg Aug 2015

Democratizing Startups, Seth C. Oranburg

Seth C Oranburg

The Jumpstart Our Business Startups Act of 2012 intends to “help entrepreneurs raise the capital they need to put Americans back to work and create an economy that’s built to last.” The goal is to “democratize startups” by making capital available to diverse entrepreneurs in new geographies. Yet the net effect of securities regulations and market conditions is the opposite. Startup companies are encouraged to stay private so capital is consolidating in large, mature firms instead of recycling into new startups. Evidence of consolidation is that once-rare “Unicorns” (billion-dollar startups) now number over 111. More money is going into huge …


Bridgefunding Is Crowdfunding For Startups Across The Private Equity Gap, Seth C. Oranburg Feb 2015

Bridgefunding Is Crowdfunding For Startups Across The Private Equity Gap, Seth C. Oranburg

Seth C Oranburg

Title III of the JOBS Act of 2012, which attempts to encourage entrepreneurship by allowing startups and small business to sell stock to the general public over the Internet through “crowdfunding,” is completely backwards. Its ceiling should be a floor—the $1 million limit should be inverted. By capping startups at raising $1 million from crowdfunding, the JOBS Act does not address the private equity gap, a fundamental problem in startup markets, and exposes unsophisticated investors to risk and fraud. This Article presents a regulatory framework premised on “bridgefunding,” an approach that this article develops to protect new investors by encouraging …