Employee ownership can be a powerful tool for businesses, providing a wealth of benefits such as increased productivity, higher job satisfaction, and improved financial performance. However, transitioning to this model can come with its unique set of challenges. Here, we outline some common hurdles in employee ownership conversions and provide practical strategies to address them. …
Governance and Shared Ownership
Factors for a Successful Business Succession through Worker Ownership
For a few years now, we have been hearing about the approach of a “silver tsunami.” For those unfamiliar with the term, it refers to the demographic phenomenon of an aging population, associated mostly with the large wave of retirement that the baby boomer generation is about to go through. With small businesses employing roughly …
Reflections on Co-op Cincy and Cooperative Professionals Guild Conferences in 2023
I recently attended two cooperative-related professional events in 2023: the Co-op Cincy Union Co-op Symposium and the Cooperative Professionals Guild Conference. As someone relatively new to practicing law in the cooperative movement space, I wanted to share my reflections and thoughts following these very inspiring experiences. By starting as an associate attorney with JWPC in …
Cooperatives: the fulfilment of big tech’s empty promises
I often wonder if DAOs are really different from Big Tech. I believe they can be, but that must be an intentional choice. I hope to tell you how DAOs can be different from Big Tech. Big Tech companies have revolutionized the way we live our lives, from the way we communicate with each other …
The Defiant’s Exclusive Report: Solving the Riddle of the DAO with Colorado’s Cooperative Laws by Jacqueline Radebaugh and Yev Muchnik
Our Partner and Shareholder, Jacqueline Radebaugh and Senior of Counsel, Yev Muchnik recently wrote this Exclusive Report: Solving the Riddle of the DAO with Colorado’s Cooperative Laws for The Defiant in which they reflect their legal analysis and anecdotal experience with DAOs adopting the LCA cooperative legal framework in the United States; as with other …
Patagonia “Exits to Climate”: A Win for Capitalism, But a Mixed Bag for Stakeholder Governance
I, like most, was delighted to read the news that Patagonia’s shareholders decided to give away ownership of the company to benefit the climate and not private equity, a strategic buyer, or public capital markets. We’ve written extensively on mechanisms for mission protection in corporate entities. It appears that the Chouinard family, which owned …
Patrons, Patronizing, Patronage Dividend
These are all terms used in the cooperative business community and sometimes their meanings are unclear or jumbled. This blog will discuss the definitions of these terms with examples of how they are used by different types of cooperatives. A patron patronizes a cooperative and receives a patronage dividend at the end of the year. …
VC Investment into Democratic, Worker-Owned PBC
What does it feel like when traditional notions of worker-ownership come face to face with venture capital and a deal gets hammered out? As you might expect, pretty exciting and hopeful. One of our clients came to us a little more than a year ago as a group of workers and friends who left …
How patronage is really paid out to cooperative members: qualified and nonqualified written notice of allocations (2/2)
Patronage dividends represent a unique opportunity for cooperatives to avoid taxation on some of the cooperative’s earnings.[1] Early this month I highlighted the concept of patronage dividends. Generally, when members receive taxable distributions of earnings from a cooperative, such as patronage dividends, they are included in the patrons’ gross income along with other income the …
Thoughts from a new economies’ attorney: distinguishing cooperative governing structure
In my previous posts, I discuss how traditional businesses and cooperatives diverge from a capital (and return on capital) point-of-view. Another common misconception is that cooperatives function like nonprofits, typically from the perspective of governance structure. They don’t. Cooperatives are businesses, and, as such, business principles and governance, and business governing structure apply to them. …
