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.

What to Know About Secondaries and Legal Transfer Rights
Liz Komatsu Liz Komatsu

What to Know About Secondaries and Legal Transfer Rights

The secondary market for private fund interests—commonly known as "secondaries"—has become an essential feature of venture capital (VC), private equity (PE), and growth equity ecosystems. As liquidity demands among Limited Partners (LPs) increase, understanding the legal intricacies of secondary sales and transfer rights is critical for fund managers, LPs, and startup founders involved in secondary transactions.

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Legal Playbook for Rolling Funds: Structuring Compliance and Fundraising for Scalable Success
Liz Komatsu Liz Komatsu

Legal Playbook for Rolling Funds: Structuring Compliance and Fundraising for Scalable Success

Fund manager transitions—whether due to planned succession, restructuring, or unforeseen departures—require clear legal documentation and strategic planning to ensure operational continuity, maintain Limited Partner (LP) confidence, and preserve fund performance. As LPs and regulators place growing emphasis on governance and transparency, documenting these transitions has become essential.

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Navigating the FTC's New "Click-to-Cancel" Rule: Key Legal Implications for Businesses
Liz Komatsu Liz Komatsu

Navigating the FTC's New "Click-to-Cancel" Rule: Key Legal Implications for Businesses

The Federal Trade Commission (FTC) recently introduced the "Click-to-Cancel" rule, a regulation aimed at simplifying subscription cancellations for consumers. This rule, part of a broader initiative to combat deceptive or burdensome subscription practices, has far-reaching implications for startups and businesses that offer recurring billing services. Understanding and complying with the rule is essential to mitigate legal risks and maintain customer trust.

This article explores the legal requirements of the "Click-to-Cancel" rule and outlines strategic compliance considerations for business owners.

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CFPB Signals Regulatory Shift in Buy Now, Pay Later Oversight
Jennifer Newton Jennifer Newton

CFPB Signals Regulatory Shift in Buy Now, Pay Later Oversight

On May 6, 2025, the Consumer Financial Protection Bureau (CFPB) announced a notable recalibration of its enforcement priorities, stating it will no longer emphasize actions based on its 2024 interpretive rule concerning Buy Now, Pay Later (BNPL) loans under Regulation Z. This development marks a significant regulatory pivot, particularly for fintech lenders, e-commerce platforms, and financial institutions engaged in offering installment-based credit products.

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OCC Clarifies Bank Authority to Engage in Crypto-Asset Custody and Execution Services
Jennifer Newton Jennifer Newton

OCC Clarifies Bank Authority to Engage in Crypto-Asset Custody and Execution Services

The Office of the Comptroller of the Currency (OCC) has issued Interpretive Letter #1184, confirming that national banks and federal savings associations are allowed to offer and outsource crypto-asset custody and execution services. This guidance offers important clarification about how banks can legally engage in digital asset services while following existing regulations.

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Lessons from the Field: Legal Challenges Faced by First-Time Fund Managers
Liz Komatsu Liz Komatsu

Lessons from the Field: Legal Challenges Faced by First-Time Fund Managers

Launching your first investment fund is an exciting milestone—but it’s also a legal minefield if you’re not prepared. From fundraising compliance to fund governance, first-time fund managers often encounter hurdles that can delay launches, damage investor confidence, or trigger regulatory issues.

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Building Legal Infrastructure for Multi-Fund Strategies
Liz Komatsu Liz Komatsu

Building Legal Infrastructure for Multi-Fund Strategies

As fund managers grow and evolve, many expand from a single fund into a multi-fund platform. Whether it’s launching follow-on funds, sector-specific vehicles, or co-investment opportunities, managing multiple funds requires more than just ambition—it demands a solid legal foundation.

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