Go West: Venture Financing and Business Expansion Projects in the United States

Practical Guidelines for German Technology Companies (2nd Edition)

As the U.S. and German tech ecosystems become more closely connected, raising capital in the U.S. market is becoming a strategic consideration for many fast-growing German tech companies. For some, establishing a presence in one of the U.S. tech centers will be a key inflection point.

Go West 2nd EditionAfter the huge success of the first edition of our Go West Guide, and in response to multiple requests from the German tech community, we have launched an updated and expanded version of our Go West Guide to help German founders understand and navigate the U.S. market. This edition features articles with practical tips and legal considerations based on years of experience counselling high-growth companies in the U.S., Germany and worldwide on current topics such as:

U.S. Venture Financing for German Tech Companies

  • When and How to Look for U.S. Investors
  • Key Differences Between Funding Rounds in Germany and the United States
  • How to “Flip” a German GmbH into a U.S. Company – and the Pros and Cons
  • Venture Capital Deal Terms – United States vs. Germany (including the latest in legal U.S. VC Term Sheets)
  • Incorporating in Delaware – Corporate Governance Basics for Delaware Corporations

U.S. Market Expansion Projects

  • How to Use and Protect a Trademark and other Intellectual Property in the United States
  • Privacy Considerations When Transferring Personal Data Internationally
  • Importance of Trade Secrets in the United States
  • 13 Key Employment Considerations (including 9 Key Considerations for the Metoo Debate)
  • Employee Participation Programs – United States vs. Germany
  • Managing Litigation Risks
  • An Increasingly Important Area to Watch: Cybersecurity and its Regulation

As one of the top tech law firms in the world, we are particularly committed to bringing the United States and German entrepreneurship communities closer together. We especially want to increase the attractiveness of German technology companies for American investors and ultimately grow/scale in the U.S. market. To that end, throughout this Guide we give helpful tips to founders and early stage investors of a German technology company to maintain its financeability and attractiveness for potential later-stage American investors.

In preparing this Guide, our international and cross-functional Orrick team drew on experience representing more than 1,800 tech companies globally, as well as the world’s leading venture and private equity investors. Founded in the Bay Area, Orrick is one of the world’s leading technology law firms, and ranks #1 for European venture capital transactions (PitchBook).