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Startups

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An attorney that understands the law and personality of a startup can help launch the success of a startup.

Startup law involves a number of converging legal issues that must be balanced with the business realities of beginning and growing a startup business. To begin with, an entrepreneur needs to protect her intellectual property. At the same time, she may also need to secure financing from investors. The startup business must also secure employees or independent contractors - and understand the legal distinction betwene the two. In developing a workplace, a startup needs to design and implement policies that promote and protect the business.
Beyond internal structure, a startup needs to consider aspects of public interaction such as crowdfunding and marketing. The business will also inevitably need to draft and/or negotiate contracts with third parties. And, though hopefully disputes will not emerge, a startup business needs to be prepared to protect its interests through litigation.

Mudd Law provides its startup and business clients with these services and more.

Intellectual property constitutes one of the most valuable commodities of a startup business. However, protecting IP must be balanced with business realities to develop and implement a viable and effective IP legal strategy.

Protecting intellectual property must be an essential component of any business plan. To begin with, a business must understand what comprises its intellectual property. Typically, intellectual property or IP consists of four primary areas: copyright, trademark, patent, and trade secrets. There also exist sub-areas that have developed such as domain names and social media.

Often, any discussion of IP with a startup begins with the name of the startup, the service, and/or the products. Does the name infringe the rights of a third party? Assuming not, how do we protect the name from third party infringement? This involves trademarks, domain names, and social media.
Prior to an entrepreneur and/or founder begins speaking with others about his idea, a determination must be made whether any aspect of the business model, product, or service can or should be patented. At the same time, non-disclosure agreements (NDAs) must be drafted to protect trade secrets and other confidential information. These NDAs must also be discussed in the context of nuanced investor politics.

With the development of Internet based marketing, copyright issues may emerge in terms of protecting content created in-house or outsourced. Conversely, a startup's marketing team may need to be advise on certain aspects of licensing third party content to avoid expensive IP Litigation.

Developing solid employment agreements with a startup team enables effective working relationships.

Our firm works with our startup clients to develop strong and enforceable employment agreements. Initially, this involves clearly delineating the distinction between an employee and independent contractor. Often, a business will want to categorize individuals it compensates for services as independent contractors. However, a misstep in this regard can cost a busines significantly in penalties. It becomes essential to obtain legal counsel to properly classify those working for the business.

Regardless of classification, agreements must be drafted that comply with applicable local, state, and federal law. The agreements must clearly delineate key terms of employment such as term or at-will status.
Many employment agreements will also include component parts such as Non-Disclosure Agreements (NDAs) and Non-Compete Agreements (NCAs). These agreements must be drafted such that terms of duration and geographical limits fall within the breadth of enforceability. At the same time, in the context of a startup (if not any type of business), the agreements must be drafted to reflect the realities of current employment trends such that key talented people will not be turned away.

Also, strategies for enforcing the terms of the employment agreements must exist to react quickly to perceived or actual violations. While not every violation will result in immediate employment litigation, a successful approach to enforcement will have a variety of options available for immediate implementation when needed.

Crowdfunding can enable many startups to launch a product and service.

There exist a multitude of crowdfunding opportunities online.
We welcome the opportunity to advise our clients on crowdfunding opportunities.

Our team advises startups in the legal nuances of marketing both on the Internet, through social media, and with other media.

Marketing your startup business effectively can be both exciting and stressful. An effective marketing campaign can bring potential consumers to your products and services. A smooth marketing campaign can allow you to focus on business development, strategy, and operations.

Beyond the message and brand, a startup also must ensure agreements with vendors allow for conflict free marketing. Our team works with our clients to negotiate solid marketing agreements.
At the same time, a startup must be very careful about representations in marketing and social media campaigns. Our firm advises clients on the legal nuances of social media and marketing campaigns.

Why Choose Us?

Innovative

Our team works diligently to develop creative solutions to effectuate our clients' business needs.

Diligent

We work tirelessly on behalf of our clients and their interests.

Communicative

We welcome our clients' communications and involvement in the strategic process.

Strategic

We invest in understanding our clients to combine this knowledge with legal experience to plan strategically.

Dynamic

We can adapt to changing circumstances.