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Insights

Trade Secrets: The Hidden IP Every Startup Should Care About

Most startup founders think about patents and trademarks. But trade secrets can be just as valuable - and easier to protect. Unlike patents, trade secrets don’t require registration. But they do require vigilance.

Trademarks vs. Copyrights vs. Patents: A Startup Guide to IP Protection

Startups thrive on ideas - but ideas only create value if they’re protected. Intellectual property (IP) safeguards your brand, your creative work, and your innovations. From your logo to your code to your inventions, knowing which type of IP applies is essential to protecting your edge and building long-term value.

Non-Solicitation Clauses Explained

When an employee leaves your startup, there’s always a risk they’ll try to take your people or customers with them. That’s where non-solicitation clauses come in - they’re a powerful, often enforceable tool to protect your business after key team members depart.

Should Startups Use Non-Compete Clauses? Here’s What Founders Need to Know

In the fast-moving startup world, it’s natural to want protection against former employees joining a competitor. That’s why non-compete clauses have been popular for years. But the legal landscape is changing - raising real questions about whether they’re enforceable, useful, or even worth including.

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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