As small and medium-sized businesses (SMBs) that serve identity-based groups, your mission is likely rooted in uplifting historically disadvantaged communities. Whether you run a minority-focused nonprofit, a women’s business network, a scholarship fund, or a supplier diversity initiative, recent legal challenges—including Supreme Court rulings on affirmative action and increased scrutiny under anti-discrimination laws—highlight the need for careful program design to avoid liability.

If your business or organization offers government contracts, scholarships, or preference-based programs, it’s essential to structure them in a legally defensible way while still achieving your mission. Below are key strategies to help minimize legal risk while maintaining impact.

Executive Order 14209 signals a significant shift in how FCPA violations will be handled, at least in the short term. However, FCPA compliance remains crucial—especially since a future administration could easily reinstate aggressive enforcement and prosecute violations that occur today.

Small businesses must stay the course, keep compliance programs strong, and avoid assuming this temporary shift in enforcement means long-term immunity from liability. If anything, this is a time to be more strategic and vigilant, not less.

If the first thing your company did after hearing about the new administration’s anti-DEI stance was to hit “delete” on your diversity initiatives, let’s be honest—DEI was never really a priority. More likely, it was a branding exercise, a performative nod to inclusion rather than a strategic pillar of your business.

Here’s the reality: risk isn’t something businesses eliminate—it’s something they manage. And DEI should be no different.

On February 1, 2025, President Trump announced a new wave of tariffs on imports from Canada, Mexico, and China, citing national security concerns related to border security and drug trafficking. These tariffs have already sparked negotiations with the affected countries, and while some have been temporarily paused, small businesses must prepare for the potential financial strain these new trade policies may impose.

This article breaks down what the new tariffs mean, their implications for small businesses, and how you can mitigate their impact on your operations.

Private equity (PE) and venture capital (VC) firms operate in an increasingly complex regulatory landscape. As regulators tighten scrutiny on fund management, investor protections, and anti-money laundering (AML) measures, compliance has become a critical component of fund operations.

Traditionally, PE and VC firms relied on in-house legal teams or external law firms to handle compliance. However, the growing complexity of regulations—such as SEC oversight, Know Your Customer (KYC) requirements, and Environmental, Social, and Governance (ESG) disclosures—has driven many firms to outsource their Chief Compliance Officer (CCO) role.

Bringing in an outsourced Chief Compliance Officer (CCO) is a strategic move for businesses in highly regulated industries such as financial services, fintech, healthcare, and private equity. Whether your company is facing regulatory scrutiny, expanding operations, or simply tightening compliance protocols, an outsourced CCO provides the expertise needed without the overhead of a full-time hire.

The fintech and cryptocurrency industries are rapidly evolving, with innovation often outpacing regulation. While startups in these sectors are focused on scaling their products, they must also navigate a complex web of financial regulations, including Anti-Money Laundering (AML) laws, Know Your Customer (KYC) requirements, and Securities and Exchange Commission (SEC) guidelines.

Crowdfunding can be a powerful fundraising tool, but success requires strategic planning, strong marketing, and clear communication. If you’re prepared to put in the work and have a product or idea that excites backers, it could be a game-changer for your business.

Raising capital is a strategic process that requires careful preparation, understanding of financial instruments, and legal compliance. Whether securing funding from angel investors, venture capitalists, or through alternative financing, founders must be clear on their needs, diligent in their approach, and selective in their investor relationships.

By following these fundamentals, startups and small businesses can successfully navigate the fundraising process while laying a solid foundation for scalability and long-term success.

TikTok has emerged as a vital platform for startups and small-to-medium-sized businesses (SMBs), providing a dynamic space to engage audiences, enhance brand visibility, and drive revenue. However, the potential TikTok ban in the United States presents significant challenges for businesses that rely on the platform for growth. As the situation unfolds, startups and SMBs need to understand the implications of the ban, including legal and compliance issues, and take proactive steps to mitigate risks.

Artificial Intelligence (AI) has become a game-changer for small and medium-sized businesses (SMBs), offering innovative ways to streamline operations, enhance customer experiences, and make data-driven decisions. From chatbots handling customer inquiries to AI-driven analytics uncovering critical business insights, the opportunities are vast. However, with these advancements come significant legal and compliance challenges that SMBs must navigate carefully. Failing to address these implications can lead to regulatory fines, reputational damage, and operational setbacks. In this article, we delve into the legal and compliance considerations of adopting AI and provide guidance for SMBs to integrate this technology responsibly.

Kick off 2025 with confidence! Discover 5 essential legal steps every startup must tackle, from contract reviews to tax compliance. Build a solid foundation for long-term success with these actionable tips. StartSmart Counsel is here to help!

Scaling your business is an exciting milestone, but growth comes with its own set of legal challenges. Here are some tips to ensure your business scales smartly and sustainably in 2025

As a startup founder, preparing for the year ahead involves more than just setting ambitious goals. It requires a solid legal and compliance foundation to ensure your business is scalable, compliant, and investor-ready. Here are key action plans tailored specifically for startups to consider in 2025.

As the calendar flips to a new year, startups and small-to-medium businesses (SMBs) have a fresh opportunity to review and strengthen their compliance practices. Legal and regulatory compliance is not just about avoiding penalties; it’s about setting your business up for sustainable growth. Below are ten key compliance areas every startup and SMB should prioritize at the start of the new year.

While the CTA’s future remains uncertain, small businesses and startups can use this time to strengthen internal practices, streamline record-keeping, and remain vigilant about developments in corporate compliance laws.

The holiday and party season is here! Customers are flocking to businesses for everything from event services and products to last-minute gifts, making it one of the busiest times of the year. But with the rush, there’s always the chance of encountering a frustrating situation: a client refusing to pay or leaving without settling their bill.

It’s unfair and inconvenient, especially during such a hectic time, but how you handle it matters. Staying calm and professional is essential to protecting your reputation and ensuring you can recover the payment. Here’s a guide to help small business owners navigate this tricky situation during the holiday rush.

Raising capital is one of the biggest hurdles for startups. Founders need funds to grow but often want to avoid giving away too much ownership or dealing with complex debt. One flexible, founder-friendly solution is the Simple Agreement for Future Equity (SAFE). Initially introduced by Y Combinator in 2013, SAFEs provide a straightforward way for startups to raise funds without immediate valuation discussions or diluting ownership right away.

In recent years, medical marijuana has gained traction in many states as a legitimate treatment for various health conditions. While this has been a win for patients in need, it has also created a unique challenge for small business owners who want to create a safe, fair, and compliant workplace. Balancing the needs of employees, compliance with state and federal laws, and workplace safety is no easy task, especially for small businesses with limited resources.

Starting a business requires making decisions that lay a foundation for future growth, and one of the most crucial decisions is choosing a business structure. For many startups, an S-Corp (S Corporation) can offer benefits that align well with their growth plans, financial goals, and tax preferences. Here’s an in-depth look at when using an S-Corp might be right for your startup.