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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.

The White House AI Action Plan: Startup Opportunities and the Legal Gap Around Agentic AI
Jennifer Newton Jennifer Newton

The White House AI Action Plan: Startup Opportunities and the Legal Gap Around Agentic AI

In July 2025, the White House released Winning the AI Race: America’s AI Action Plan, a national strategy focused on advancing artificial intelligence through innovation, infrastructure, and international leadership. The plan encourages rapid commercialization, public-private collaboration, and the removal of regulatory barriers.

While the benefits for startups and small businesses are significant, especially in infrastructure, deregulation, and export access, the plan notably avoids addressing the emerging legal challenges posed by agentic AI. These are autonomous systems that initiate decisions and actions independently, functioning in ways that raise questions about legal accountability and recognition.

This article examines the structure of the AI Action Plan, its implications for startups, and the unresolved legal status of agentic AI systems that act without direct human control or legal personhood.

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The GENIUS Act of 2025: What Startups and Small Businesses Need to Know About the New Federal Stablecoin Framework
Jennifer Newton Jennifer Newton

The GENIUS Act of 2025: What Startups and Small Businesses Need to Know About the New Federal Stablecoin Framework

The GENIUS Act of 2025 lays the foundation for regulated innovation in stablecoins, with substantial implications for how startups and small businesses approach product development, compliance, and market entry. While it imposes strict regulatory guardrails, it offers unprecedented legal clarity and a dual-path framework (federal and state) that startups can leverage to responsibly scale.

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How to Avoid Misclassifying Contractors: Legal Checklist for Startups
Liz Komatsu Liz Komatsu

How to Avoid Misclassifying Contractors: Legal Checklist for Startups

In the fast-paced world of startups, engaging independent contractors can be an efficient way to scale. But get the classification wrong, and you risk wage-and-hour claims, tax penalties, and even unemployment insurance liabilities. This legal checklist walks founders through the key factors and best practices to ensure your contractors remain rightly classified—and your startup stays compliant.

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Managing Vendor Disputes: Clauses Every Founder Should Include
Liz Komatsu Liz Komatsu

Managing Vendor Disputes: Clauses Every Founder Should Include

In any fast-moving startup, vendor relationships are critical—but even the best partnerships can hit bumps in the road. A well-drafted agreement won’t guarantee you’ll never face a dispute, but it can dramatically streamline resolution when issues arise. Here are the key clauses every founder should include to manage—and minimize—the pain of vendor disputes.

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Is My Token a Security? A Startup-Friendly Guide to SEC Rules
Liz Komatsu Liz Komatsu

Is My Token a Security? A Startup-Friendly Guide to SEC Rules

The question “Is my token a security?” has never been more critical for startup founders in the blockchain space. As regulators sharpen their focus on digital assets, understanding how the U.S. Securities and Exchange Commission (SEC) defines and enforces its rules is essential. This guide walks through the SEC’s framework, how to assess your token, key compliance pathways, and practical steps to minimize legal risk.

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How Startups Can Stay Compliant While Using Blockchain Tools
Liz Komatsu Liz Komatsu

How Startups Can Stay Compliant While Using Blockchain Tools

In the rush to innovate, startups leveraging blockchain tools must balance agility with a keen eye on compliance. Whether you’re launching a token sale, integrating smart contracts, or building a DeFi platform, regulatory missteps can derail your roadmap—and saddle you with costly fines. Here’s how to stay on the right side of the law without slowing down your innovation.

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Crypto Asset ETFs Explained: Why the SEC’s Latest Guidance Matters for DeFi and Tech Founders
Jennifer Newton Jennifer Newton

Crypto Asset ETFs Explained: Why the SEC’s Latest Guidance Matters for DeFi and Tech Founders

On July 1, 2025, the SEC’s Division of Corporation Finance released a detailed statement clarifying how federal securities laws apply to crypto asset exchange-traded products (ETPs). While the statement is highly technical, its implications are profound, not only for institutional investors and traditional financial firms but also for decentralized finance (DeFi) founders, crypto innovators, and fintech entrepreneurs.

To understand why this matters, it is important to first explain what crypto asset ETPs are, why they are significant, and how this guidance reshapes the regulatory landscape for the next generation of digital asset products.

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