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Start-Ups, Emerging

Forming the company, and the structural decisions inherent to formation, are the threshold steps to launching a new business. 

With guidance through the administrative hoops, Bellwether Law provides companies with critical analysis and strategic planning necessary to address the many forward-looking decisions made at this phase. 

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Company Formation & General Counsel
for Start-Ups, Emerging Companies 

But also, both concurrent with and immediately after formation, companies must address what can be a variety of operational decisions.

In the case of many start-up and emerging companies especially, the entrepreneurs rightly require practical and cost-effective strategic advice, both on structuring and fielding the droves of issues that come early and fast: funding; employment agreements; customer/vendor/other business contracts; intellectual property protections; technology licenses; potential JV; various compliance concerns attendant to each; among many others. 

Bellwether appreciates the unique challenges facing companies with innovative & disruptive potential, AND offers an outside general counsel role tailored to each such companies  covering initiation of operations. 

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Whether on formation / structure or early operational issues, when dealing with new technologies or regulated markets and industries, experience vetting forward-looking analyses and solutions becomes especially necessary.

FORMATION & STRUCTURING

Entity Selection is important, though typically a clear choice surfaces via targeted inquiry—whether Limited Liability Company, Partnership (General, Limited, LLP), Corporation, among variations and possible others.

Governing Documents are critical to asserting a level of control over the early process and potential progress—By-Laws (corporation), Operating Agreement (LLC), Partnership Agreement (partnerships), and other supporting agreements (e.g., Buy-Sell Agreement, Shareholder Agreement, (among others)).

​The well-equipped company exits this early stage with clarity and agreement among the owners/members on governing rules, relationships, roles, and internal operations. 

Given the breadth of coverage and impact on future operations, care with these documents can be key to a company positioning itself to avoid general risks going to governance or compliance as the business quickly evolves.  

OPERATIONS: GENERAL COUNSEL

Bellwether's general counsel services for start-up or emerging companies cover the issues  typical to these new businesses (as tailored) and serving as a primary Point-of-Contact.

For a variety of reasons it can be crucial to have counsel seamlessly segue through this transition period. 

Planning and adapting during the post-launch period happens quickly:​

Typical General Issues Covered:

Drafting / Negotiating: contracts and commercial Agreements, leases, licenses, terms & conditions, and sales and distribution agreements
 

Compliance/Governance: entity-related record-keeping, minutes, stock records, among other things.
 

Employment: Agreements, Plans, Policies
 

Intellectual Property: protection (and any necessary trademark or copyright registration)
 

Compliance: industry-related (e.g., data privacy, securities, advertising)
 

Capitalization and Financing (advising on compliance with securities laws)

  • Compliance with  sector / industry / market regulations, jurisdictional requirements, legal and regulatory issues generally - current & future.

  • As innovative products/services may also mean balancing operations / compliance while at the forefront of markets and the economy (gray or uncharted legal territory)

1.  Centralized counsel in key areas of transactional, regulatory, and litigation: fluid and agile analysis versus compartmentalized alternatives of multiple firms / multiple teams.
 

2.  Multidisciplinary experience with a tested track record applying a quick-study mentality to analyze and deconstruct the legally uncharted or nebulous, or business issues either scientifically, financially, or technically complex.

Start-Up GC

BUT planning and execution is only as effective as the due diligence, research, and analysis to understand fully the key business issues:

  • Internally, as to mileposts, growth objectives, business plan, near- and long-term goals—aspects of which, will change and adapt; and

  • Importantly, externally—what is driving change, both good and bad, in the given market, industry, or economy.

Creative and pragmatic strategies require as much analytical approach and technical research as they do legal know-how.

 

And, in this way, Bellwether differentiates its services from other firms and counsel:   

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