Resources for insight and

inspiration

Tagline

Short heading here

Long subheading lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros.

Short heading here

Subheading one
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros.

Short heading here

Subheading one
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros.

Short heading here

Subheading one
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros.

Insights

Employee Termination for Startups: What Founders Need to Know

Firing an employee is one of the most difficult parts of running a startup. Whether due to performance issues, role redundancy, or a strategic shift, termination is not only a business decision but also a legal one. If handled poorly, it can lead to lawsuits, damage team morale, and affect your ability to attract future hires.

Exempt v. Nonexempt Employees: Main Differences Explained

Not all employees are treated the same under wage and hour laws. One of the biggest distinctions? Whether someone is exempt or nonexempt. Misclassification is a common startup mistake - with costly consequences.

Building Your Team Right: Effective Startup Onboarding Essentials

You’ve made your first hire - congrats! Now what? Onboarding isn’t just about handing over a laptop. It’s your chance to set expectations, build culture, and cover legal bases. Here’s how to do it right from day one.

Contractor or Employee? A Startup Founder's Decision Guide

Startups thrive on flexibility, and independent contractors often feel like the perfect solution. But the distinction between contractor and employee carries real legal weight. Get it wrong, and your company could face IRS audits, back taxes, wage penalties, and even personal liability.

M&A

How is tax treated in M&A?

It depends on structure (asset vs stock), parties’ jurisdictions, use of tax elections (e.g. 338), and deferred consideration. Always engage tax counsel early.

M&A

Are earn-outs and deferred payments common?

Yes - when buyer and seller disagree on future projections, partial payments may be contingent on performance (revenue, EBITDA) after closing.

M&A

What happens to my equity / role post-acquisition?

That depends on negotiated terms: you might roll over equity, receive a new role (e.g. leadership, board seat), or exit entirely. Clarify this in the agreement.

M&A

How is integration risk managed?

By creating an integration plan early (even during diligence), having a dedicated integration team, defining workstreams and metrics, maintaining communications, and monitoring synergy progress vs forecast.

M&A

What if the buyer doesn’t complete regulatory approvals or consents?

Include conditions precedent in the agreement (deal contingent on approvals). Also negotiate termination rights, refund or break-up fees, and fallback structure planning.

M&A

How can I structure to avoid taking on risky liabilities?

Asset purchases, carve-outs, strong representations/indemnities, limited liability caps, escrow, and holdbacks are tools to limit exposure. But complete insulation may not be possible in stock or merger deals.

M&A

What protections should I negotiate in the agreement?

Key protections include representations and warranties, indemnification caps and baskets, survival periods, escrow or holdback amounts, earn-outs, and carveouts (e.g. for tax, IP, regulatory matters).

M&A

Can a deal fall apart or be renegotiated after signing?

Yes - many agreements include conditions precedent, Material Adverse Change (MAC) clauses, break-up rights, or renegotiation triggers if due diligence uncovers issues. A poorly performing integration may also prompt adjustments.

M&A

When should I tell employees or stakeholders about the deal?

Disclosure should be timed carefully to balance confidentiality and trust. Many deals maintain confidentiality until the signing, sharing information only under NDA and with key stakeholders, then broad communication following closing or in a controlled way.

M&A

What’s the difference between an asset sale, stock sale, and merger?

  1. Asset sale: buyer chooses which assets (and some liabilities) to acquire - gives flexibility but requires consents.
  2. Stock sale: buyer acquires ownership interests (shares) - continuity is smoother but buyer inherits full liability.

Merger: legal consolidation of entities; often simplifies transfers but may trigger statutory rights (dissenters’ rights, shareholder votes).

M&A

How is the purchase price determined?

The price is based on valuation methods (DCF, comparable companies, precedent transactions, asset approach) and then adjusted via negotiation, risk allocation, escrow, earn-outs, and working capital / debt adjustments.

M&A

What is the typical timeline for an M&A deal?

Most deals take 6–12 months from initial negotiations to full integration. Complex deals, cross-border structures, or regulatory approvals can stretch this longer.

Intellectual Property

Do I need a privacy policy before launch?

If you are collecting user data - even email addresses for a waitlist - yes. Privacy policies are required by laws like GDPR and CCPA and are expected by users. A simple, transparent policy early on builds trust and avoids compliance risks.

Intellectual Property

Can I use open source code in my product?

Yes - but only with caution. Permissive licenses like MIT or Apache are generally safe. Copyleft licenses like GPL or AGPL may require you to open source your entire codebase if combined improperly. Always review licenses before including open source code in your product.

Intellectual Property

Should I prioritize patents or trademarks?

It depends on your business model. Trademarks are generally a faster, cheaper way to protect brand identity and avoid conflicts. Patents are valuable for companies with novel inventions or defensible technology but are expensive and time-consuming. Many startups begin with trademarks and trade secrets, and pursue patents only if they become strategically necessary.

Filter items
Search items
All Tags
Schedule a Consultation
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.