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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.

You may face fines, be barred from bringing lawsuits in that state, and raise red flags with investors during due diligence.

It allows states to require sales tax collection from businesses with no physical presence, if sales exceed state-specific thresholds.

Yes. Even one employee working from another state may create a tax or registration obligation in that state.

It means registering your company to legally operate in a state other than your state of incorporation.

No. An EIN is for business entities, while a Social Security Number is for individuals. However, the responsible party must provide their SSN or ITIN when applying.

Online applications are processed immediately. If you file by mail, it may take up to four weeks.

You should incorporate first. The IRS requires your legal entity details from your incorporation certificate to process your EIN application.

Yes. Even without employees, most banks, investors, and credit providers require an EIN to recognize your business as a separate legal entity.

Failing to complete essential post-incorporation documents can create legal disputes, ownership confusion, and tax complications. It may also discourage investors who expect proper documentation to be in place.

Yes. Employees, contractors, and consultants who contribute to product development or intellectual property should sign a CIIAA to ensure the company owns all IP rights.

The 83(b) election allows founders to pay taxes on stock at the time of grant, which can save significant money if the company’s valuation increases in the future.

Bylaws are critical because they establish how the corporation is governed and how decisions are made. However, other documents like stock purchase agreements and the 83(b) election are equally important for founder protection.

Yes. If your startup is registered to do business in multiple states, you must appoint a registered agent in each jurisdiction.

No. Federal tax treatment is the same regardless of where you incorporate. Only state-level taxes and franchise fees differ.

Yes, if you are not immediately seeking outside funding, your home state often provides lower costs and simpler compliance.

Delaware offers a specialized court system, predictable legal outcomes, and corporate governance flexibility that investors prefer.

Many startups begin as LLCs or C-corporations. The right choice depends on factors like your fundraising goals, tax strategy, and management style. A business attorney can help determine the best structure for your situation.

While you can wait, incorporating earlier protects you from personal liability and establishes credibility with customers and partners.

Yes. Most investors require a legal entity with clear IP ownership and equity structures in place before they will invest.

You should consider incorporation when you have created intellectual property, added co-founders, prepared for a product launch, started hiring employees, or plan to raise outside funding.

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