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.

For health tech startups, compliance is not just a regulatory box to check—it’s a commitment to data privacy, security, and trustworthiness. By integrating these compliance practices from the start, your company can focus on innovation, safe in the knowledge that it’s meeting industry standards. Compliance is an essential foundation that not only protects users but also positions your health tech startup for sustainable growth in an ever-evolving healthcare landscape.

An affiliate agreement is more than just a contract—it’s a roadmap for a successful partnership. By setting clear terms, protecting your brand’s interests, and fostering open communication, you can create lasting and productive relationships with your affiliates. With a well-drafted affiliate agreement, your brand can grow its reach, drive sales, and maintain brand integrity across every platform.

Beyoncé’s trademark battle over "Blue Ivy Carter" underscores the importance of a well-planned trademark strategy, no matter your business size. For startups and SMEs, understanding the trademarking process, from research and selection to navigating objections, can be vital to long-term success. With the right approach, you can secure a trademark that strengthens your brand’s identity and protects it from potential misuse in the marketplace.

Congratulations to StartSmart Counsel Managing Attorney Jennifer  for being appointed as a member of the SEC’s Small Business Capital Formation Advisory Committee. The Committee was established by the SEC Small Business Advocate Act of 2016 and is designed to provide a formal mechanism for the Commission to receive advice and recommendations on Commission rules, regulations and policy matters relating to small businesses, including smaller public companies. The Committee is comprised of an experienced and diverse set of companies, advisors, entrepreneurs, and investors who will advise the Commission on facilitating capital-raising opportunities for small- and medium-sized businesses and expanding investment opportunities for retail investors. Please see the SEC press release for a full list of the Committee’s inaugural members as well as more information about the Committee:  The U.S. Securities and Exchange Commission Press Release

As the holiday season approaches, retail businesses of all sizes are preparing for the year’s busiest time. Along with stocking shelves and amping up promotions, it’s crucial to have clear and compliant refund and return policies in place. These policies help set customer expectations, streamline processes, and protect your business from potential misunderstandings. Plus, compliance with the Federal Trade Commission (FTC) rules is essential to avoid hefty fines and maintain consumer trust.

Here’s how small-to-medium-sized retail enterprises (SMEs) can get their refund and return policies holiday-ready while ensuring FTC compliance.

Starting a business comes with crucial decisions, one of which is choosing the right business structure. For many startups, the choice boils down to either a Limited Liability Company (LLC) or an S Corporation (S-Corp). While both offer liability protection and certain tax benefits, each has unique advantages that may be better suited for different business goals. Here’s a guide on how to determine when an LLC might be the right choice over an S-Corp.

As live chat features become increasingly popular for businesses, staying compliant with privacy laws is more important than ever. Consent is the key to avoiding legal complications. Whether you operate in a two-party consent state or simply collect customer data for business purposes, it’s essential to be transparent about your chat practices and obtain the necessary consent from users.

While ChatGPT can be a helpful tool for drafting simple documents or providing a starting point, relying solely on it to write your contracts is a risky move. A contract is more than just a set of terms—it’s a legally binding agreement that can have long-lasting financial and legal consequences. Always consult with a qualified attorney who understands the nuances of your business and the law to ensure that your contracts are enforceable, reasonable, and aligned with your business objectives.

As the year comes to a close, startups and small-to-medium enterprises (SMEs) must prioritize wrapping up their financials, evaluating business performance, and most importantly, ensuring they are legally compliant. Year-end is an excellent time to address key legal and compliance issues to avoid penalties and start the new year on the right foot. Here’s a comprehensive checklist for startups and SMEs to navigate the often-overlooked legal matters before the year's end.

Natural disasters like Hurricane Milton can have far-reaching effects on businesses, particularly for startups and SMEs that may not have extensive resources to fall back on. Understanding how to navigate disruptions within the framework of your contracts is crucial to ensuring business continuity and avoiding legal pitfalls.

Hiring minors can be a great way for startups and SMEs to fill entry-level roles, but it’s essential to follow child labor laws closely. By understanding age restrictions, job duty limitations, and scheduling requirements, you can ensure your business remains compliant while providing a safe and positive work environment for young employees.