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MintzEdge Legal Checklist
for Start-Ups

Just started or thinking about starting a new business? Experienced counsel will help you navigate the course and explore the important business and legal considerations you probably haven't had time to think about.
Make sure that you've discussed the following with your legal advisor.

 

INTELLECTUAL PROPERTY

  • Protecting intellectual property
  • Securing rights to IP from third parties and founders
  • IP strategy
  • Patents, trademarks, and copyrights
  • Freedom to operate
  • Website issues
  • Privacy issues

EMPLOYMENT

  • Employee vs. consultant
  • "At will" employment
  • Confidentiality
  • Assignment of Inventions
  • Noncompetition
  • Restrictions arising from prior employment
  • Employee benefits
  • Human resources and personnel

AND DON'T FORGET ...

  • Financial statements
  • Immigration compliance
  • Tax planning
  • Directors and officers liability insurance
  • Regulatory issues (are you in a regulated industry?)
  • Operation contracts and issues
  • Office lease

 

 

ORGANIZATION

  • Choice of entity
  • Jurisdiction of organization
  • Timing issues
  • Founders' equity — allocation and vesting
  • Liability
  • Bank accounts
  • Books and records

CAPITALIZATION

  • Capital structure
  • Planning for financing — venture capital or angel
  • Stock options — ISO and nonqualified
  • Restricted stock, tax issues
  • Equity as compensation
  • Equity in lieu of cash to third parties

GOVERNANCE

  • Initial board of directors
  • Role of directors and stockholders
  • Agreements among founders
  • Voting rights
  • Indemnification
  • Required approvals for certain actions

PRIVACY & SECURITY

  • Privacy policy creation and review
  • Risk assessment
  • Compliance with state, federal, and international regulations