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Insights

Employment Agreements vs. Independent Contractor Agreements: What Founders Should Know

Startups often rely on both employees and independent contractors. But these are legally distinct relationships - and using the wrong type of agreement can create serious legal and financial risks. Misclassification can lead to tax penalties, lawsuits, and regulatory violations, especially in strict states like California and New York.

Severance Agreements for Startups: What You Need to Know

Letting an employee go - especially in a small team - isn’t easy. But how you handle the exit can shape everything from your company’s reputation to your legal exposure. That’s where severance agreements come in.

Offer Letters for Startups: What Founders Need to Know

Hiring your first employees is an exciting milestone. But it’s not enough to agree on salary with a handshake. A clear, well-drafted offer letter sets expectations, outlines key terms, and helps reduce the risk of misunderstandings later.

Fired or Quit? Why It Matters Legally for Your Startup

When someone leaves your company, founders often want to just “move on” - but whether the departure was voluntary or involuntary has lasting legal and financial consequences. From unemployment claims to final pay rules, the details matter.

General Counsel

How can investor relations help with future fundraising?

Investors who feel informed and engaged are more likely to participate in follow-on rounds and make introductions to new investors.

General Counsel

What’s the difference between investor relations and board management?

Investor relations cover all investors, while board management focuses on directors who have governance authority. Both require structured communication.

General Counsel

Should I share bad news with investors?

Yes. Investors value transparency. Sharing challenges with a plan for resolution builds trust.

General Counsel

How often should I send investor updates?

Monthly or quarterly is standard. The key is consistency and clarity.

General Counsel

How do terms like option pools and liquidation preferences affect valuation?

They don’t change the headline valuation but impact founder dilution and investor returns. This makes it critical to understand the full term sheet, not just the valuation number.

General Counsel

What role does traction play in valuation?

Traction is one of the strongest drivers. Revenue, user growth, and customer engagement make valuations more defensible.

General Counsel

Should founders always push for the highest valuation possible?

Not always. An inflated valuation can create problems in later rounds if you can’t meet growth expectations, leading to down rounds.

General Counsel

How do investors decide which valuation method to use?

It depends on your stage. Early-stage investors rely more on methods like Berkus and Scorecard, while later-stage investors lean on DCF and comps.

General Counsel

How do I follow up without being pushy?

Send a thank-you email, provide requested info, and share milestone updates. Respectful persistence is better than silence.

General Counsel

Should I hide risks from investors?

No. Experienced investors expect risks. Addressing them openly with mitigation strategies shows maturity and builds trust.

General Counsel

How long should an investor meeting last?

Most initial meetings run 30–45 minutes. Your pitch should take 10–15 minutes, leaving the rest for questions.

General Counsel

What materials do investors expect to see in the first meeting?

A pitch deck, a one-pager, and your cap table are usually enough. Financial models and product demos are useful for follow-ups.

General Counsel

How can founders avoid conflicts over decision-making?

By documenting approvals, following bylaws, and keeping communication open with both the board and shareholders. A decision matrix can help prevent disputes.

General Counsel

Can founders override the board?

No. The board of directors has ultimate authority over major corporate decisions. Founders who ignore board approval requirements risk invalidating decisions and breaching fiduciary duties. The best approach is collaboration and transparency with the board.

General Counsel

What are protective provisions?

Protective provisions are special rights negotiated by investors - usually preferred shareholders - that give them veto power over key corporate actions like mergers or issuing new stock.

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