I am trying to wrap my head around the legal issues that a potentially successful startup would have to deal with. The ones that I have come up with consist of corporate/LLC formation, general contract negotiation/drafting/review, term-sheet negotiation/drafting/review, valuation & assistance with raising capital, employment agreements & policies, non-compete agreements, non-disclosure agreements, shareholder agreements, negotiating/drafting/reviewing leases or licenses.
If you were interested in legal representation for startups what other legal issues/work outside of the above would be important?
Legal issues & representation for startups Forum
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Re: Legal issues & representation for startups
I would add to your list 1) trademark and copyright issues (both defensive and offensive) and 2) patent prosecution, especially in this first to file new world that we live in.
Basically, it is important that a startup does not infringe on other companies' IP because doing so could subject it to costly litigation that a bootstrapped company can ill afford to pay. For similar reasons, it is important that the company have a solid basis for its own IP (e.g., trademarking name and logo, filing patents) because failing to do so may result in one of following two outcomes: (a) lengthy and expensive litigation that the startup cannot afford to absorb (both in terms of lost money and lost time by valuable resources-its people); or (b) the startup relinquishing its rights to the IP for failing to assert its ownership interests, which could have devastating consequences for the company's value later-on.

Basically, it is important that a startup does not infringe on other companies' IP because doing so could subject it to costly litigation that a bootstrapped company can ill afford to pay. For similar reasons, it is important that the company have a solid basis for its own IP (e.g., trademarking name and logo, filing patents) because failing to do so may result in one of following two outcomes: (a) lengthy and expensive litigation that the startup cannot afford to absorb (both in terms of lost money and lost time by valuable resources-its people); or (b) the startup relinquishing its rights to the IP for failing to assert its ownership interests, which could have devastating consequences for the company's value later-on.
- holdencaulfield
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Re: Legal issues & representation for startups
SEC regulations related to public and private offerings.
- gwuorbust
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- Joined: Tue Sep 22, 2009 11:37 pm
Re: Legal issues & representation for startups
The JOBS Act could infuse a lot of cash into this area pretty soon. But that doesn't mean it will translate into jobs.
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