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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.

Avoid Costly Legal Exposure in 2026 by Taking These Year-End Compliance Steps Now
Jennifer Newton Jennifer Newton

Avoid Costly Legal Exposure in 2026 by Taking These Year-End Compliance Steps Now

As 2025 ends, overlooked legal tasks can lead to penalties, tax issues, and compliance failures in the new year. This guide outlines essential steps for reviewing your company’s governance, contracts, employment policies, and regulatory filings. Prepare your business now to avoid costly setbacks and start 2026 with a strong legal foundation.

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Support with Fundraising: SAFE Notes, Convertible Notes & Term Sheets
Liz Komatsu Liz Komatsu

Support with Fundraising: SAFE Notes, Convertible Notes & Term Sheets

In the whirlwind of early‐stage fundraising, founders frequently turn to flexible, efficient instruments that defer valuation negotiations until a later round. SAFE notes, convertible notes, and term sheets each play a distinct role—and having the right legal and financial support can mean the difference between a smooth close and costly missteps. Here’s what you need to know about each, and how expert guidance can help you raise smarter.

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Why Every Startup Website Needs a Privacy Policy & Cookies Policy
Liz Komatsu Liz Komatsu

Why Every Startup Website Needs a Privacy Policy & Cookies Policy

In today’s digital-first world, nearly every startup operates online—collecting visitor data, tracking engagement, and optimizing experiences through cookies. But beneath the convenience and insight lies a critical responsibility: complying with privacy laws and building trust. Here’s why your startup website can’t afford to skip a Privacy Policy and a Cookies Policy.

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Why Smart Contract Governance Is Critical: Legal, Technical, and Compliance Imperatives for DeFi Startups
Jennifer Newton Jennifer Newton

Why Smart Contract Governance Is Critical: Legal, Technical, and Compliance Imperatives for DeFi Startups

As decentralized finance (DeFi) and Web3 ecosystems continue to mature, the role of smart contract governance has evolved from a technical implementation detail into a legal and regulatory focal point. Following recent remarks by SEC Chairman Paul S. Atkins on “Project Crypto,” the line between innovation and liability is clearer than ever: governance is no longer optional; it is foundational.

Atkins emphasized that investment contracts under the Howey test can end, but only if the protocol demonstrates genuine decentralization and functional autonomy. This includes the governance of the very code that defines the platform. For DeFi startups, that means smart contract governance must be designed with legal compliance, investor confidence, and operational resilience in mind.

This article explores why smart contract governance is essential, how token analysis at each lifecycle stage can mitigate regulatory exposure, and what practical steps startups must take to build trust with users, regulators, and capital partners.

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SEC Chairman Atkins’ Project Crypto Remarks: Why DeFi Startups Still Need Token Analysis, Even as Howey Evolves
Jennifer Newton Jennifer Newton

SEC Chairman Atkins’ Project Crypto Remarks: Why DeFi Startups Still Need Token Analysis, Even as Howey Evolves

For startup founders and innovators operating in the decentralized finance (DeFi) space, recent remarks by SEC Chairman Paul S. Atkins on “Project Crypto” signal a long-awaited, more nuanced regulatory posture toward digital assets. Delivered at the Federal Reserve Bank of Philadelphia on November 12, 2025, Chairman Atkins’ address clarified the SEC’s future direction, anchored in legal tradition, economic substance, and a pragmatic approach to innovation.

Yet despite this progress, one message remains unambiguous: Howey still applies, fraud is still fraud, and the need for individualized token analysis has never been greater. For DeFi founders navigating the legal grey zone between utility and investment, the new regulatory tone offers both opportunity and risk.

This article explores the critical takeaways from “Project Crypto” for startup innovators, emphasizing the necessity of a comprehensive legal review of token models and the importance of compliance at every stage of development.

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Understanding the Convertible Note: When to Use It & Why
Liz Komatsu Liz Komatsu

Understanding the Convertible Note: When to Use It & Why

A convertible note is a short-term debt instrument that automatically converts into equity upon a qualified financing round. For early-stage startups, it offers a flexible bridge between friends-and-family or angel investments and a pricier priced round—combining speed, simplicity, and investor incentives.

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Why a Client Service Agreement Matters for Service-Based Startups
Liz Komatsu Liz Komatsu

Why a Client Service Agreement Matters for Service-Based Startups

In a service-based startup, your reputation—and your bottom line—depend on clear expectations, smooth delivery, and strong client relationships. A well-crafted Client Service Agreement (CSA) does more than formalize a transaction: it protects both you and your clients, reduces misunderstandings, and sets the stage for repeat business. Here’s why every service-based startup needs a CSA and which key provisions to include.

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