Legal Checklist for Startups and Founders

by Traverse Legal, reviewed by Brian Hall - January 25, 2018 - Business Law, Outside General Counsel Law

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Whether a first time startup, repeat founder onto the next venture or an operational business trying to get your “legal house” in order, a simple legal checklist is always helpful.  There are lots of samples available, but here is a practical one that can help guide you, and your lawyer, as you begin and hopefully prosper.

Entity Formation/Initial Set-up

–Form entity (corporation, LLC, partnership, etc.)

–Anticipated financing path (amount needed, growth anticipated, multiple financing rounds)

–Rights of Founder(s) (vesting?)

–Equity compensation for employees/consultants/advisors (vesting and repurchase rights)

–Involve CPA/tax advisor early

Financing

–Convertible Note

–Convertible Preferred Stock (Series Seed, Series A, B, C, etc.)

–Others (SAFE (Simple Agreement for Future Equity), Debt)

Practical Considerations of Financing

–How much will you need?

–Disclosure

–Finders

–Organization

Contracts/Agreements

–Employment/Independent Contractor/Advisor Agreements (work for hire)

–Non-Disclosure/Non-Circumvention/Non-Use

–Website Agreements (Terms of Use, Privacy Policy, Copyright Policy, Disclaimers)

Trademark

–Protect your house mark and brands

–Trademark Availability Assessment/Clearance

–Register domain names (Defensive registrations)

–Social Media, including online reputation management

Copyrights

–Personal ownership of IP versus ownership by entity (licensing issues)

Patents and Trade Secrets

–Assess opportunities and risks


Enrico Schaefer

Founding attorney Enrico is a seasoned consultant who guides companies, including law firms, in effectively integrating artificial intelligence (AI). With a wide range of consulting services, Enrico assists clients in harnessing the power of AI while ensuring ethical and responsible implementation.

Years of experience: 35+ years

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.