Limiting Your Liability: Protect Yourself with a Well-Written General Release

Guest Post by Kenneth G. Hausman and Ellen Kaye Fleishhacker – Arnold & Porter LLP

Our clients sometimes find themselves in actual or threatened disputes that expose them to liability. In many situations, clients prefer to settle such disputes amicably, rather than asking an arbitrator, judge or jury to decide the matter for them. In order for a settlement to offer protection from liability, it is crucial that it is documented by a signed “general release” (meaning a release from all claims) from the other party. We dissect a simple General Release Agreement below to reveal its essential elements. The text of our sample General Release Agreement is at the end of this article.

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Activists Redux

Recently, I wrote a piece analyzing the pros and cons for this country’s economy on Activists Investors, citing Marty Lipton versus Lucian Bebchuk of the Harvard Law School on the other side (see My conclusions, however, were based on a issue which, as far as I was aware, none of the analysts, journalists or academics had identified as the most important negative consequence resulting from the rising tide of Activists’ challenges to public company management and boards.

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Watch Out for Hidden Traps in Rewards Based Crowdfunding

To read more by Joseph W. Bartlett, Co-Founder of, please see Introduction to Venture Capital and Private Equity Finance @

Thanks to an article in the Trade Press by Regina Joseph, [1] I have become familiarized with language in the Kickstarter Terms of Use respecting what is typically called rewards-based or donation-based crowdfunding.

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23andMe is the startup world’s newest unicorn – Fortune

“23andMe is now worth more than $1 billion, as it begins tapping its massive DNA database to make new drugs. Genetic analytics company 23andMe last week reported via a regulatory filing that it had raised $79 million in a Series E venture capital round that could eventually hit $150 million. Market research firm VC Experts subsequently pulled Delaware filings that show the round was done at a post-money valuation of approximately $1.03 billion (based on the $79m, not the $150m).” Read more…

23andMe is the startup world’s newest unicorn – Fortune.

The Fairshare Model – How To Reimagine Capitalism

Guest post by Karl M. Sjogren

Read the entire draft book for free at under special arrangement; just click here to go to Chapter One.

Section I: Fairshare Model Overview

There is a better way to provide venture capital to young companies; better for individual investors, especially unaccredited ones, better for entrepreneurs and better for employees who work at these companies.

The Fairshare Model is designed to grow the economic pie and improve the opportunity for capital gains for individuals who invest in or work for such companies.


So, what’s the book about?

A performance-based capital structure for companies that raise venture capital via a public offering.

Interesting! But it sounds complex. How will you get people to read it? You need a hook!

The hook will be the power of an idea. For thinkers, that’s enough.

To persuade more people to look at it, I’ll encourage them to view capital structures as art and to contemplate how innovation leads to improvements in everyday life. A lot of good things can result from improving the ability of start-ups to raise capital.

I’ll also talk about sex and a fairy tale.

Finally, I’ll show some pictures to generate interest.

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