
Resource Center
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.


What Is QSBS and How Can It Benefit Startup Founders?
Qualified Small Business Stock (QSBS) is a powerful tax incentive that can offer significant savings for startup founders, investors, and employees. Established under Section 1202 of the Internal Revenue Code, the QSBS exemption encourages investments in early-stage companies by providing a substantial exclusion of capital gains from federal taxes.
Understanding how QSBS works and how it applies to your startup can help you maximize your financial benefits and plan your exit strategy effectively.

The 2025 Tariff Shake-Up: What Startups and Small Businesses Need to Know
For startups and small businesses, this abrupt trade shift introduces economic volatility and operational uncertainty. Unlike large corporations, emerging businesses often lack the financial reserves, diversified supply chains, or political leverage to absorb or offset such shocks. Understanding the implications of these tariffs—and responding proactively—is essential to remain competitive and compliant in a transformed global marketplace.

Build, Don’t Dilute: Legal Strategies to Scale Your Startup Without Selling Equity
Founders need not relinquish ownership to achieve scale. By leveraging legally sound, non-dilutive strategies, startups can maintain autonomy, attract capital, and build value over the long term. Whether through revenue-based financing, IP-centered growth models, or innovative compensation structures, there are powerful tools available that preserve both equity and control.

How to Register a Delaware C-Corp: Step-by-Step Guide
Incorporating as a Delaware C Corporation (C-Corp) is the gold standard for startups seeking venture capital, stock option plans, and scalable governance. Delaware offers business-friendly laws, robust legal precedent, and a specialized Court of Chancery. This step-by-step guide outlines the key legal and administrative steps to form your Delaware C-Corp efficiently and compliantly.

Operating Agreement Essentials for Startups
An operating agreement is one of the most critical legal documents for any startup operating as a limited liability company (LLC). While not always legally required, especially in states like Florida or California, this internal document plays a pivotal role in protecting the company’s legal standing, maintaining limited liability status, and clarifying the relationships between members and managers.
This article examines the essential components of an operating agreement, why every startup should have one, and how to tailor it to meet the specific needs of founders, investors, and key stakeholders.

How Identity-Based SMBs Can Protect Their Programs from Legal Challenges
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.

What Small Businesses Need to Know About Executive Order 14209 and the Future of FCPA Enforcement
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.

New Tariffs and Their Impact on Small Businesses: What You Need to Know
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.

Why Private Equity and Venture Capital Firms Are Hiring Outsourced Compliance Officers
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.

The First 90 Days with an Outsourced Chief Compliance Officer: What to Expect
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.
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