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.

Filing a Trademark: Timeline and Legal Process
Liz Komatsu Liz Komatsu

Filing a Trademark: Timeline and Legal Process

Trademarks are foundational assets for startups and growing businesses, protecting brand identity and distinguishing products or services in the marketplace. Filing a trademark with the United States Patent and Trademark Office (USPTO) can seem daunting, but understanding the timeline and legal steps involved can streamline the process and reduce the risk of rejection.

This article outlines the end-to-end legal process of filing a federal trademark and what businesses should expect at each stage.

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Drafting Vendor Agreements That Minimize Risk
Liz Komatsu Liz Komatsu

Drafting Vendor Agreements That Minimize Risk

Vendor relationships are essential to the operations of startups and emerging companies, yet poorly drafted vendor agreements can expose businesses to significant legal and financial liabilities. Whether engaging a software development firm, marketing consultant, or logistics provider, it is critical to ensure that your vendor contracts clearly define expectations, allocate risk, and offer enforceable protections.

This article outlines key components and legal strategies for drafting vendor agreements that safeguard your business and support long-term success.

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What Happens If You Get Sued? A Startup Legal Survival Guide
Liz Komatsu Liz Komatsu

What Happens If You Get Sued? A Startup Legal Survival Guide

Litigation is one of the most disruptive events a startup can face. Whether the lawsuit stems from a contract dispute, an employment claim, or alleged IP infringement, legal action can drain financial resources, distract leadership, and pose serious reputational risks. Understanding how to respond—and how to prepare—is essential for mitigating damage and preserving operational continuity.

This guide outlines the legal implications, strategic steps, and best practices that founders and executives should follow when facing a lawsuit.

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How to Use Board Consent Resolutions When Raising Capital
Liz Komatsu Liz Komatsu

How to Use Board Consent Resolutions When Raising Capital

Board consent resolutions are critical legal instruments in the fundraising process for startups and investment funds. These resolutions authorize corporate actions without convening a formal board meeting, making them efficient tools for approving key decisions—especially when timing is essential. Whether issuing new equity, amending a certificate of incorporation, or entering into financing agreements, board consent resolutions are often required to validate the company’s authority to proceed.

This article provides a comprehensive overview of how and when to use board consent resolutions during a capital raise, and the legal elements founders and general partners must understand to remain compliant.

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Essential Legal Policies for Remote Teams
Liz Komatsu Liz Komatsu

Essential Legal Policies for Remote Teams

The shift to remote work has transformed how startups and growing businesses operate. While remote teams offer flexibility, scalability, and access to global talent, they also raise significant legal and compliance challenges. To ensure operational continuity and legal protection, companies must implement formal policies that address the unique risks associated with remote work. This article outlines the essential legal policies every business should establish when managing a distributed workforce.

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What Is a Data Room? Legal Preparation for Fundraising
Liz Komatsu Liz Komatsu

What Is a Data Room? Legal Preparation for Fundraising

A data room is an essential tool for startups and investment funds preparing for a fundraising round. Whether digital or physical, a data room is a secure repository where founders, fund managers, and legal counsel organize and share critical documents with prospective investors during due diligence. Properly structuring a data room is not only a logistical necessity but also a strategic legal safeguard that can accelerate funding, build investor trust, and reduce liability.

This article explores the function of a data room, outlines its key components, and provides legal best practices for preparing one in the context of fundraising.

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Foreign Founders: How to Safeguard Your Startup When You Cannot Legally Act as Manager
Jennifer Newton Jennifer Newton

Foreign Founders: How to Safeguard Your Startup When You Cannot Legally Act as Manager

In recent years, foreign entrepreneurs have become instrumental contributors to the innovation-driven economy of the United States. These founders often establish high-growth startups with the potential to reshape industries. However, immigration restrictions can significantly constrain their ability to serve in executive or managerial roles within the very companies they create. Specifically, U.S. immigration law prohibits individuals lacking appropriate work authorization from engaging in active management of a business entity, even if they are majority equity holders.

Despite these limitations, there are lawful and effective mechanisms available to help foreign founders preserve control, influence strategic direction, and ensure the protection of their equity interests. This article provides a comprehensive analysis of legal and governance strategies foreign entrepreneurs can employ to safeguard their startups when they cannot lawfully serve as company managers.

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