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Insights

Choosing the Right Legal Structure for Your Business: LLCs v. C-Corps

When launching a new venture, one of the most critical decisions you'll face is selecting the right legal structure.

Updates to the BOI Reporting Requirements

On March 20, 2025, the U.S. Treasury announced it will no longer enforce Beneficial Ownership Information (BOI) reporting requirements for domestic entities, though reporting is still technically required. Foreign entities remain subject to the rules. Businesses should stay alert, as future enforcement may resume.

What the FTC's New "Click-to-Cancel" Rule Means for Your Startup

The FTC’s new β€œClick-to-Cancel” rule mandates that canceling subscriptions must be as simple as signing up. Ensure compliance while building customer trust through transparency and friction-free processes. Adapt and thrive with these changes.

Crowdfunding: Fueling Your Startup's Growth

Crowdfunding empowers startups to connect with a diverse pool of investors, making funding accessible beyond traditional channels. By following key strategies and navigating regulations, startups can leverage this method to fuel growth and validate their business ideas.

Contracts

Is an MOU legally binding?

Most MOUs are not legally binding, but they can include binding provisions if clearly stated, such as confidentiality or exclusivity.

Contracts

What’s the biggest risk in signing an LOI?

Overcommitting - such as granting long exclusivity or including too much detail - can lock you into unfavorable terms before negotiations are complete.

Contracts

Can you walk away from an LOI?

Yes, unless you are bound by specific provisions. However, backing out without good reason may damage future relationships.

Contracts

Why do investors and buyers use LOIs?

LOIs outline deal terms upfront, giving both sides confidence before investing in due diligence and full contract drafting.

Contracts

Is a Letter of Intent legally binding?

Most of an LOI is non-binding, but certain provisions like confidentiality and exclusivity are enforceable.

Contracts

Why do SaaS startups need a Data Processing Addendum (DPA)?

If you handle personal data, a DPA ensures compliance with GDPR, CCPA, and similar laws. Many enterprise clients require it before signing.

Contracts

Who owns the customer data in a SaaS Agreement?

Usually the customer, though the provider may retain limited rights to use the data for service delivery, analytics, or improvements.

Contracts

Do SaaS Agreements need Service Level Agreements (SLAs)?

Yes, especially in B2B deals. SLAs provide uptime guarantees and remedies for service failures, which are critical for enterprise customers.

Contracts

What makes a SaaS Agreement different from a software license?

Traditional licenses transfer a copy of the software, while SaaS Agreements grant access to use the software as a service without ownership.

Contracts

Who owns improvements made to licensed IP?

It depends on the agreement. Without clear terms, disputes often arise over whether the licensee or licensor owns enhancements.

Contracts

How are royalties typically structured?

They can be flat fees, per-user charges, or revenue-based percentages. Audit rights are critical to confirm accurate reporting.

Contracts

Should startups offer exclusive licenses?

Exclusivity can motivate partners but carries risk. If granted, tie exclusivity to performance obligations like sales targets or minimum royalties.

Contracts

What’s the difference between licensing and selling IP?

Selling transfers ownership permanently, while licensing allows others to use your IP under defined terms while you retain ownership.

Contracts

Should startups offer exclusive licenses?

Exclusivity can motivate partners but carries risk. If granted, tie exclusivity to performance obligations like sales targets or minimum royalties.

Contracts

What’s the difference between licensing and selling IP?

Selling transfers ownership permanently, while licensing allows others to use your IP under defined terms while you retain ownership.

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