Resource Center

Stay in the know with the latest news and expert insights from StartSmart Counsel. Our dedicated team of advisors regularly shares valuable updates, industry trends, and business wisdom to help you navigate the entrepreneurial journey. Explore our curated collection of news articles and blog posts to gain valuable insights and stay ahead in your startup endeavors.

Received a TCPA Demand Letter? Why Ignoring It Can Cost Your Business Thousands
Jennifer Newton Jennifer Newton

Received a TCPA Demand Letter? Why Ignoring It Can Cost Your Business Thousands

Small and mid-sized businesses (SMBs) increasingly rely on outbound communications such as text messages, automated calls, and marketing campaigns to reach customers efficiently. However, these practices carry significant legal risk under the Telephone Consumer Protection Act (TCPA). When a TCPA demand letter arrives, some business owners are tempted to ignore it, dismissing it as a nuisance or assuming it lacks merit. This approach is a costly mistake.

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Federal Cannabis Rescheduling Creates Uncertainty: What Startups, Entrepreneurs, and Innovators Must Do Next
Jennifer Newton Jennifer Newton

Federal Cannabis Rescheduling Creates Uncertainty: What Startups, Entrepreneurs, and Innovators Must Do Next

The U.S. Department of Justice’s recent final order loosening federal restrictions on state-legal medical marijuana marks one of the most consequential regulatory shifts in decades for a previously constrained industry. While the order stops short of full federal legalization, it initiates a transition of cannabis from Schedule I to Schedule III under the Controlled Substances Act, a move that carries profound implications for startups, investors, and innovators operating at the intersection of healthcare, biotechnology, finance, and consumer goods.

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Facing Harsher Penalties for Financial Crimes? What the New U.S. Sentencing Guidelines Mean for Businesses and Executives
Jennifer Newton Jennifer Newton

Facing Harsher Penalties for Financial Crimes? What the New U.S. Sentencing Guidelines Mean for Businesses and Executives

For business owners, executives, and compliance professionals, exposure to financial crime enforcement carries significant legal and reputational risk. The U.S. Sentencing Commission’s recent amendments to the federal sentencing guidelines, particularly those affecting economic crimes, represent a meaningful shift in how penalties may be calculated and imposed.

Most notably, the Commission has enacted the first inflation-based adjustment in over a decade, altering the monetary thresholds used to determine sentencing severity. While these changes may appear technical, their implications are substantial for startups, SMBs, and individuals operating in regulated industries.

This article examines the updated sentencing framework, the changes adopted, the reforms that were rejected, and what these developments mean for companies navigating white collar risk.

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Token Launch Without a Lawsuit: How Founders Misread Securities Laws in Web3 Fundraising
Jennifer Newton Jennifer Newton

Token Launch Without a Lawsuit: How Founders Misread Securities Laws in Web3 Fundraising

Token launches remain one of the most legally complex fundraising mechanisms due to overlapping regulatory frameworks and evolving enforcement priorities. This article provides a detailed analysis of how the Howey Test is applied to digital assets, emphasizing the importance of economic substance over labeling. It examines high-risk factors such as pre-functional token sales, centralized development control, and profit-oriented marketing, all of which can trigger securities classification. The discussion extends beyond the SEC to include CFTC considerations, FinCEN obligations, and state-level regulatory exposure. The article also evaluates common structuring approaches—including SAFTs, Regulation D offerings, and offshore strategies—highlighting their legal tradeoffs and limitations. Founders gain insight into how legal design decisions affect token liquidity, exchange listings, investor participation, and long-term project viability.

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HIPAA Isn’t Your Only Problem: The Hidden Healthcare Compliance Risks in Startup Vendor Contracts
Jennifer Newton Jennifer Newton

HIPAA Isn’t Your Only Problem: The Hidden Healthcare Compliance Risks in Startup Vendor Contracts

Healthcare vendor agreements often impose obligations that exceed statutory requirements, creating significant hidden liability for startups and service providers. This article analyzes how contractual provisions—particularly indemnification clauses, data security representations, audit rights, and breach notification requirements—can expand exposure beyond HIPAA compliance. It explores the interaction between regulatory frameworks and private contractual risk allocation, demonstrating how failure to meet contractual standards can trigger liability even when regulatory compliance is maintained. The piece also addresses flow-down obligations to subcontractors, the limitations of cyber insurance coverage, and the increasing role of state privacy laws and FTC enforcement in shaping compliance expectations. Practical guidance is provided on negotiating high-risk provisions, aligning contractual commitments with operational capabilities, and mitigating exposure in healthcare transactions.

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