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Insights

Navigating Business Associate Agreements: A Startup Guide for Handling Health Data

If your startup handles healthcare data in any form - through software, services, or analytics - you’ve probably come across the term Business Associate Agreement (BAA). For health tech, digital wellness, and related industries, BAAs are not optional. They are required under HIPAA and are critical to protecting patient information.

Waiver and Release Agreements: A Founder's Guide to Risk Management

Startups move fast - and sometimes things don’t go as planned. Whether you’re resolving a dispute, parting ways with a contractor, or running a risky beta test, a waiver and release agreement can be a key risk management tool.

Commercial Agreements for Startups: A Quick Legal Guide

When your startup starts selling, partnering, or outsourcing - it’s time to start signing commercial agreements. Whether you’re licensing software, onboarding a reseller, or buying cloud services, these contracts govern how your business operates in the real world.

MSAs and SOWs: What Startup Founders Need to Know

When your startup begins signing customers or vendors, two acronyms quickly become part of the conversation: MSA and SOW. These agreements are more than just legal language - they provide the structure that supports many B2B relationships.

Fundraising

Should I use SAFEs or convertible notes?

Both are common at the earliest stages. SAFEs are simpler and don’t carry interest or maturity dates, making them easier for founders. Convertible notes function as short-term debt and may be preferred by some investors who want added protection. Either way, model the impact on dilution before signing.

Fundraising

What’s the difference between pre-money and post-money valuation?

  • Pre-money valuation: The company’s value before new capital is added.
  • Post-money valuation: The company’s value after adding new capital. For example, a $10M pre-money valuation with $2M raised results in a $12M post-money valuation. Ownership percentages are calculated using the post-money figure.
Fundraising

How much money should I raise in my first round?

Enough to hit meaningful milestones that will position you for the next round. For most pre-seed and seed companies, that means 12–18 months of runway. Avoid raising “as much as possible” — overcapitalization leads to unnecessary dilution and pressure.

Fundraising

Do I need to raise venture capital to build a successful company?

No. Many great businesses are bootstrapped or funded through revenue. Venture capital is best suited for companies chasing large markets and rapid growth. If your business can thrive without outside capital, you retain more control and ownership.

Fundraising

How do I know if my startup is ready to fundraise?

You’re ready to raise when you have clear evidence of progress — whether that’s a working MVP, early customer traction, or revenue growth. Raising too early, without proof points, often leads to rejection or unfavorable terms.

Employment

Are non-competes enforceable?

It depends on the jurisdiction. Some states (like California) ban most non-competes, while others enforce them only if narrowly tailored in scope and duration. A safer approach is to rely on confidentiality and non-solicitation clauses, which are more broadly enforceable.

Employment

Should every employee get equity?

Not necessarily. Equity is a powerful incentive, but it should be allocated strategically. Early hires often receive equity, while later hires may receive market-rate salaries with smaller or no equity grants. What matters most is aligning compensation with company stage and employee contribution.

Employment

What’s the risk of misclassifying contractors?

Misclassification can trigger back taxes, wage penalties, benefits liability, and lawsuits. Regulators look at the reality of the relationship, not the contract label. If a worker acts like an employee - taking direction, working set hours, or performing core functions - they probably are one in the eyes of the law.

Employment

Do startups really need an employee handbook?

Yes. While not legally required for very small teams, a handbook sets expectations, communicates policies, and helps protect against legal claims. As soon as a startup hires beyond a handful of people, a simple but tailored handbook becomes a best practice.

Contracts

How often should contracts be updated?

Contracts should be revisited whenever your business model, regulations, or relationships change. As a rule of thumb, review key agreements annually. For privacy policies and TOS, updates may be required more frequently to stay compliant with evolving laws like GDPR and CCPA.

Contracts

What are the “must-have” contracts for every startup?

At a minimum, most startups need:

  • NDAs for protecting confidential information.
  • Employment/contractor agreements with IP assignment clauses.
  • Customer contracts (sales, SaaS, or licensing).

Terms of Service and Privacy Policy for digital products. Additional contracts like MSAs, vendor agreements, and partnership agreements become essential as the company grows.

Contracts

Can I just use templates for contracts?

Templates are a useful starting point, but rarely sufficient on their own. Every deal has unique elements - scope, payment, IP, liability - that need tailoring. Using a template without legal review risks leaving out critical protections or including terms that don’t fit your situation.

Contracts

Do I really need contracts if I trust the other party?

Yes. Trust is important, but contracts provide clarity and prevent misunderstandings. Even well-intentioned partners can recall terms differently months later. A contract protects both sides and preserves the relationship by setting expectations upfront.

M&A

How do I evaluate whether the deal is successful later?

Use original objectives and metrics (revenue growth, cost synergies, retention, integration milestones) to measure success over 12–36 months.

M&A

What role do seller and buyer advisors play?

Advisors help structure the deal, manage process, run auctions, negotiate, draft agreements, coordinate diligence, and maintain alignment between parties.

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