Dave Broadwin

Dave Broadwin has no picture

Dave heads the Emerging Enterprise Center. His practice focuses on representation of technology companies from start up to exit. Dave also handles venture financings, merger and acquisition transactions, public offerings, private placements, PIPE transactions and executive employment contracts. Dave is a Partner at Foley Hoag and a member of the Executive Committee.

Practice Areas

  • Venture Capital & Emerging Companies
  • Corporate Finance & Securities
  • Mergers & Acquisitions
  • Business
  • Life Sciences, Securities

Professional Associations

  • Boston Bar Association, Member

Education

  • Yale Law School, J.D., Editor, Yale Law Journal
  • University of Chicago, M.A.
  • New York University, B.A.

Bar Admissions

  • Massachusetts

Publications

  • Books:
    • Negotiating and Documenting Business Acquisitions - ALI-ABA (1997)
    • Editor, Buying and Selling Closely-Held Businesses - MCLE (1997)
  • Articles:

For a comprehensive account of Dave's professional experience visit the Foley Hoag Web site.

Links of Interest


Posts By This Author

Founder Agreements -- COD

Forms for angel and seed investments

Broken Venture Model

Litigation: The Sport of Kings not Startups

Grand Visions and the VC Model

Fair and Not Fair in Deal Terms

NVCA Forms Project

Hiring an Attorney

Measuring the effect of social media

The Options for Options

Older Entries

Peak Oil

Google Goals

Wealth of Nations

Prediction for 2010

Quattro and Apple

Venture investment activity

Three words

More on cumulative dividends

Dividends pay dividends - or do they?

Getting Real

Contracts cure and prevention

Limited liability company or "C" corp?

Transaction Costs

Seed and Angel Investor Notes

VC Fundraising - 2010 will be a telling year

East Coast versus West Coast

Dubai: Shock and Surprise

The importance of being "accredited"

Board Composition

Industry numbers

More on winding up a business

More on Adoption Rates

Startup Tools from Fastignite

How many shares should you authorize when founding a company?

Overwhelmed by the Greatest Invention

NVCA forms Adoption Rate

Par Value: How much time should you spend on it?

Delaware Franchise Tax

Excuses

Third Quarter Results

Foreign nationals in a nonimmigrant status and start-ups

Incorporation Services

Optimistic Signs?

Spoliation

Twitter and A123

General Public License & start-ups

Twitter and who to follow

Listen to your customer

Cloud Computing Event

Rands in Repose

More on the state of exits

And more on the state of the venture economy

Sometimes small details can create big headaches

More on the state of the VC industry

Options and more options

83(b) Elections

Dating Stock Certificates

Creative Capital

Legal terms that have no practicable application

How much to discount a convertible angel note

VentureFizz

Angel Notes

More on Noncompete Agreements

Khosla Comments

IPOs and the Venture Model

Aligning interests

What about preference with a capped participation?

Good Questions

Reverse Vesting and S Corporations

Noncompetition Agreements

Monetizing Social Networking Sites

No Exit

Some interesting numbers

Unemployment numbers

More on SEC bias favoring the big players

IPOs of venture backed companies in 2009

The future of venture capital and you could be waiting a while

Misdirected email; record retention, Selling your business and TS Eliot

Dividends

All Hail Morty

More thoughts on understanding what is market

Fein Line Post

Still more on what is standard

What's market?

Following up on standards and forms

Negotiating and dealing with bullies

Negotiating and a good reason

What is and what is not standard

More on slavish devotion to legal forms

Legal forms and unintended consequences

Steve Jobs and the VC model

If you can't get what you want at least get what you need

There is no resisting the urge to write something about Twitter

The swing of the pendulum and the future of clean and green

Been down so long it looks like up to me

Been down so long it looks like up to me

Angel Investments: Convertible Notes versus Preferred Stock

IPOs are coming -- or so I am told

Entrepreneurs just keep on coming

Personal liability of directors under Delaware law

Understanding Venture Capital in China

April bringing signs of life?

Under the Radar Cloud Computing Conference

Par Value - what is it and why?

Salary deferrals have bad consequences

At least $250 million available for innovative broadband technologies and services to promote sustainable adoption

Clear sky for cloud computing

Option and percents

What happens to a noncompete when the company shuts its doors?

Ritual Wringing of Hands

What the SEC really does matters

HBS Business Plan Competition - back to basics?

New England & The Broadband Recovery Act

Converting from an LLC to a "C" Corp.

Silver lining

Venture Capital Returns

If you are a loser, should you pay?

Option repricing

Good housekeeping -- keep your legal house in order

ASAP, ASAP!, and ASAP!! - A lawyer's discoveries in management land

The End of Doom and Gloom

Options and 409A -- Sometimes the law is an ass

There is no excuse for not having fun

How to incorporate: "C" "S" or LLC?

More second order effects of the recession

Second order effects of the recession

When to shut down personal liability

What are you seeing?

What would you do?

There must be millions of NDAs out there, so go figure...

You've got an argument

Art and Business

Two Topics: Activity and Antidilution

Even More on Noncompete Agreements

Noncompetition Agreements - It doesn't matter what you think of them.

Where to Incorporate

The Trouble with Options

When to Incorporate

Why Incorporate

Traction - The "T" Word

What's Next in Social Media

Every Dark Cloud has some Silver Somewhere in its Lining

IPO Watch

Yet More on Restricted Stock

Email and Document Retention

More Pitch Tips

More Deal Numbers

Multiple X Preferences

2009 Venture Funding Outlook

Email is Forever

Full Ratchet Antidilution

Madoff and the SEC

Weighted Average Antidilution

No Exits -- How to Make Exits

Dilution -- Financial and Ownership

What's in a Name?

More on Restricted Stock and 83(b)

Terms in Down Times

Angel Financing Thoughts

When You Find Yourself in a Workout Situation

Personal Liability

Surviving the downturn

TheFunded.com tips on Pitches

The Turnarounds are Coming

Startable's Tips on Pitches

More on Funding and M&A and IPO Exits

Funding and Exits

Further to Money on the Sidelines

CEO Breakfast with Don Bulens

East versus West

Congratulations to Viridity Software

Liability of Officers and Directors

Congratulations to Advanced Electron Beams

IPO and M&A Exits

Due Diligence from the VC Side

More on the Next Hot Thing

New Report on 2008 Second Quarter Series A Transactions in New England

Advisory Board Options

More on Pitches

The Next Hot Thing

Exits and the Financial Crisis

Restricted Stock versus Options

Money on the Sidelines

Angel Groups

Making a Pitch

Knowing Current Market Terms for Venture Investments