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.
Employment Law 101 for Growing Startups
Startups that treat employment law as an afterthought risk costly mistakes that can alienate employees, distract leadership, and dissuade investors. In contrast, those that prioritize clear policies, compliant practices, and proactive legal counsel build resilient, scalable cultures and investor confidence.
Accredited Investor Rules: What Founders Must Know
Understanding and complying with accredited investor rules is not merely about avoiding liability—it is about building investor trust, preserving optionality in future funding rounds, and protecting your startup's valuation and momentum. In a regulatory environment that is becoming more vigilant and transparent, founders who take a proactive approach to securities compliance will find themselves better prepared for institutional capital, due diligence, and exit events.
What is Non-Dilutive Funding—and How Do You Get It?
Securing funding is a fundamental concern for startups and early-stage companies. However, not all capital raises are equal. While equity financing involves trading ownership for capital—often leading to dilution of founder and shareholder stakes—non-dilutive funding provides capital without requiring the business to relinquish equity. Understanding non-dilutive funding and knowing how to access it can significantly impact your company’s trajectory, especially in its formative years.
How to Navigate SEC Exams and Inquiries: Legal Best Practices for Fund Managers
SEC examinations and inquiries are a regular part of regulatory oversight for registered investment advisers (RIAs) and exempt reporting advisers (ERAs). With heightened scrutiny under recent rule changes, private fund managers must be prepared to navigate these exams with legal precision, proactive compliance, and well-documented internal controls.
Designing a Fund Governance Framework: Legal Best Practices for Institutional-Grade Fund Management
As private funds scale in size and complexity, establishing a robust governance framework becomes a strategic imperative. A well-designed fund governance framework aligns fiduciary duties with operational integrity, improves transparency, and meets the expectations of Limited Partners (LPs), regulators, and auditors.
Documenting Fund Manager Transition
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.
Structuring GP Catch-Up and Waterfall Provisions: Legal Best Practices for Private Funds
Designing a fund's economic structure is one of the most important components of private fund formation. Among the most negotiated elements are the General Partner (GP) catch-up and waterfall provisions—mechanisms that govern how profits are distributed between the Limited Partners (LPs) and the GP. These provisions directly affect fund economics, investor alignment, and long-term fund performance.
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