Representing Startups: Choice of Entity, Protection of IP, Employment Agreements, Equity Compensation, and More
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide counsel with an understanding of the critical issues a startup must address before commencing business. The panel will discuss how to document the management role, compensation and exit strategy for the founders, the importance of entity type and structure, protection of trade secrets and intellectual property, employment agreements and equity compensation, issues with third-party contractors, and more.
- Selection of business entity: tax, finance, and other considerations
- Equity structure and compensation of founders and employees
- Equity structure options
- Equity compensation for founders and future employees
- Shareholder agreements
- Employment and service provider issues
- Documenting the relationship
- Employees vs. independent contractor relationships
- Protecting IP
- Confidentiality/NDA agreements for employees and contractors
- Protecting company IP and branding
- Financing business operations
- Determining the source of capital: debt and equity
- Positioning company for raising capital
The panel will review these and other key issues:
- How should equity ownership, management responsibilities, and compensation be documented between the initial founders?
- When are trademarks, copyrights, and patents needed, and how does existing IP get assigned to the new company?
- What steps should employees and independent contractors take to protect trade secrets?
- What are the pitfalls to avoid when deciding on equity compensation for employees?
- How can choice of entity, state of formation, and entity structure impact future capital raising and tax liability?
Michael J. Kasdan
Wiggin and Dana
Mr. Kasdan focuses on all areas of intellectual property law, providing his clients with full service IP expertise that... | Read More
Mr. Kasdan focuses on all areas of intellectual property law, providing his clients with full service IP expertise that ranges from patent, trademark, copyright and trade secret litigation to IP-related transactions – including licensing and monetization – to helping companies to protect and reap maximum value from their own innovations and brands. He develops effective offensive and defensive patent strategies for organizations of all sizes. He has asserted and defended IP rights in federal courts, the U.S. Patent and Trademark Office, the International Trade Commission, and private arbitrations and mediations. As an advisor, he has worked with both established companies and startups to obtain, value, license, and develop patent, trademark and trade secret portfolios.Close
Ms. Makadia concentrates her practice on corporate and securities law. She works with companies in a range of areas,... | Read More
Ms. Makadia concentrates her practice on corporate and securities law. She works with companies in a range of areas, including corporate formation, private securities offerings, and merger and acquisition transactions. Previously, she practiced at Hogan & Hartson LLP in Washington, D.C., where she represented both public and private companies in a broad-based transactional practice encompassing mergers and acquisitions, securities transactions, corporate governance, and company formation and where she represented clients in their initial public offerings and in other public company work. She also previously practiced at Kramer Levin Naftalis & Frankel, LLP in New York doing corporate and transaction work for public and private companies.Close
Moscone Emblidge & Rubens
Mr. Rubens has worked with businesses and investors on transactions and intellectual property issues since the early... | Read More
Mr. Rubens has worked with businesses and investors on transactions and intellectual property issues since the early 1990s. He represents investors and private companies in new venture formation, equity financings, mergers and acquisitions, commercial loan transactions, data security and privacy issues, IP protection, and a variety of strategic transactions. He frequently acts as outside general counsel to privately held businesses and provides U.S. representation to non-U.S. public and private companies. Over the years, Mr. Rubens has worked with many entrepreneurs and investors involved with technology startups and early stage companies. He has set up angel investment funds and venture accelerators, advised on corporate and LLC structuring for new technology and online media businesses, drafted founder and adviser agreements, executive employment agreements and incentive compensation plans, and he has helped his clients close many investment rounds, from seed stage through late equity.Close