From “To B or Not To B”

1. A “B Corporation” is Not a New Corporate Form
A “B Corporation” or “B Corp” is a certification mark – like a “Good Housekeeping” seal of approval or “LEED” certification.  B Labs has done a very good job of creating a framework for companies to evaluate their business and operations on ESG factors and to then receive a score or ranking. 


September 27, 2016Corporate Form, Deal Structures

From “To B or Not To B”

1. A “B Corporation” is Not a New Corporate Form A “B Corporation” or “B Corp” is a certification mark – like a “Good Housekeeping” seal of approval or “LEED” certification.  B Labs has done a very good job of creating a framework for companies to evaluate their business and operations on ESG factors and to then receive a score or ranking.  ...›

July 1, 2020Measuring, Reporting

COVID’s Impact on PBC Fiduciary Duties: Understanding Director Obligations in an Economic Downturn

In August 2019, a group of nearly 200 chief executives issued a statement, arguing that the role of corporations should be redefined from solely maximizing shareholder value to also “invest[ing] in their employees, protect[ing] the environment and deal[ing] fairly and ethically with their suppliers.” Making that shift is hard when boards of directors are subject to ...›

June 25, 2020Funding/Financing, Measuring, Reporting

Impactful Conversations: An Interview with Rodney Foxworth at Common Future

In this episode of Impactful Conversations, Michael Santos, a social-enterprise- and impact-investing associate in Morrison & Foerster’s San Francisco office, interviews Rodney Foxworth, the CEO of Common Future. Based in Oakland, California, Common Future tackles wealth inequality nation-wide by focusing on the needs of communities that have been the most negatively impacted by injustice, extraction, and exploitation. ...›

Maintaining Impact Through M&A

As the COVID-19 crisis continues to make capital markets, including venture capital, an uncertain source of financing, founders and boards of impact businesses may increasingly look to M&A and other strategic alternatives to assure their survival. Mergers, business and asset sales, large-scale technology licensing, as well as other strategies should all be on the table. ...›

May 29, 2020Funding/Financing, Measuring

Impactful Conversations: An Interview with Henrik Jones at Buckhill Capital

In this special shelter-in-place edition of “Impactful Conversations” podcast, MoFo fund formation lawyer Sean Byrne interviews Buckhill Capital General Partner Henrik Jones about collaborating with MoFo to create a new investment term, the Carried Interest by Verified Impact Calculations (CIVIC). The CIVIC links a fund’s carried interest to quantifiable impact metrics, and thus has the potential to create billions of dollars of ...›

May 11, 2020Funding/Financing, Resources

Restorative Investing: How the Impact Investing Model Could Be Used to Support Vulnerable Communities in the Time of COVID-19

For the second time in a little over a decade, the United States is facing an economic crisis on a near-unprecedented scale, while simultaneously battling the worst pandemic in over a century. To date, over 80,000 people have died in the United States from COVID-19, and more than 33 million Americans have filed for unemployment benefits ...›

Lawyers Helping Small Businesses Navigating CARES Act Funding Requirements

Suz Mac Cormac and Kaela Colwell spoke to the Daily Journal for an article featuring the Bay Area Small/Social Enterprise Task Force (BASE Force), which is a group led by Morrison & Foerster with other legal, financial, and nonprofit professionals who are guiding small businesses through emergency resources. The task force is focused on collecting local, state, ...›