Legal issues & representation for startups

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Legal issues & representation for startups

Postby Garinold » Thu Jan 31, 2013 3:22 pm

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?

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Re: Legal issues & representation for startups

Postby seattlegirl » Thu Jan 31, 2013 3:46 pm

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. :wink:

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.

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Re: Legal issues & representation for startups

Postby holdencaulfield » Thu Jan 31, 2013 3:55 pm

SEC regulations related to public and private offerings.

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Re: Legal issues & representation for startups

Postby gwuorbust » Thu Jan 31, 2013 8:39 pm

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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