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Insights

Federal Judge Strikes Down FTC’s Proposed Ban on Non-Competes

A federal court has struck down the FTC's proposed ban on non-compete agreements, allowing employers to continue enforcing these contracts under state law. While the ruling maintains the status quo, employers should review their agreements for compliance and stay informed about potential future changes to non-compete regulations

California’s New Workplace Violence Prevention Plan Law: SB 553

California’s new Senate Bill 553 (SB 553) requires businesses to implement workplace violence prevention plans. Designed to enhance workplace safety, SB 553 mandates written plans, employee training, and reporting procedures. Staying compliant helps protect your employees and fosters a safer work environment.

Should Your Startup Join an Accelerator or Incubator?

Deciding whether to join a startup accelerator or incubator is a crucial step for early-stage companies. Both offer access to mentorship, resources, and potential funding, but they serve different purposes. Accelerators focus on rapid growth with structured programs, while incubators provide a more nurturing environment for developing business ideas.

Understanding Term Sheets

Navigating a venture capital term sheet is crucial for startup founders. This guide explains key terms like valuation, board composition, investors' rights, liquidation preferences, and anti-dilution provisions to help secure favorable investment deals.

Equity

What’s the difference between unvested shares and options?

Unvested shares are actual stock subject to vesting, while options are simply the right to purchase shares in the future.

Equity

Do unvested shares have voting rights?

Yes, in most cases unvested shares come with full voting privileges. Options, however, do not.

Equity

Do unvested shares count as ownership?

Yes, employees technically own unvested shares, but the company retains the right to repurchase them if the employee leaves before vesting.

Equity

Is acceleration always included in startup equity agreements?

Not always. While acceleration is common, especially at the executive level, it must be specifically negotiated and documented in the equity agreement.

Equity

Can acceleration apply to both founders and employees?

Yes. Founders, executives, and employees can all negotiate acceleration clauses, though terms often vary by role and seniority.

Equity

Why do investors prefer double trigger acceleration for founder and key employee equity compensation?

It ensures employees remain motivated and engaged after an acquisition, protecting company value and reducing turnover risk.

Equity

What is the difference between single trigger and double trigger acceleration?

Single trigger accelerates vesting upon one event, such as an acquisition, while double trigger requires both an acquisition and a termination without cause.

Equity

Do vesting schedules apply only to employees?

No. Vesting schedules can also apply to contractors, advisors, and executives who receive equity compensation under the company’s equity incentive plan.

Equity

Can vesting schedules be customized?

Yes. While time-based vesting is standard, many startups use performance-based or hybrid structures to align equity with specific goals or milestones.

Equity

Why do companies use a vesting cliff?

A cliff ensures employees demonstrate commitment and cultural fit before receiving ownership. It also protects the company from granting equity to short-term hires.

Equity

What is the most common vesting schedule for startups?

The standard structure is a four-year schedule with a one-year cliff, followed by monthly or quarterly vesting for the remaining equity.

Equity

When should I create an option pool?

Ideally at incorporation. Waiting too long can create dilution challenges and complicate negotiations with investors.

Equity

What types of equity can be granted under an EIP?

An EIP can include stock options, restricted stock, RSUs, and other equity-based awards, giving flexibility to tailor compensation.

Equity

Do all startups need an equity incentive plan?

Yes. Even small teams benefit from setting aside equity early. Without one, you risk complications in hiring, fundraising, and future compliance.

Equity

How large should my option pool be?

Most early-stage startups set aside 10–20% of total equity, but the right size depends on your growth plan, hiring needs, and investor input.

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