Being a business owner is no easy feat - there are many moving parts at any given time, especially regarding the law. That’s where corporate law comes in. It is an area of the law in which corporate attorneys advise business entities on their numerous and wide legal rights, responsibilities, and obligations.  Often, when thinking of corporate law, people assume it applies mainly to large businesses with an established track record, but this could not be further from the truth. In addition to advising different entities such as partnerships, and publicly and privately held companies, corporate attorneys also support start-ups, which are companies in their first stages of operations. Start-ups are founded by one or more entrepreneurs who want to develop a product or service for which they believe there is a demand or a need in the market. 

When getting a company off the ground, it is key to have a legal framework in place to ensure the enterprise, its employees, and intellectual property are protected. The Saade Law Firm, P.A. offers Miami start-up legal services as well as services in other cities and states that are tailor-made for each organization and its individual needs and goals. Whether closely held or investor-backed, read on to discover how working with a start-up lawyer is paramount for business success. 

Legal Counseling

Starting a business from scratch is exciting, but it comes with its own set of challenges, including the legal aspect. Working with trusted attorneys will give you peace of mind and provide sound legal advice in every stage of business development - from inception to growth, incorporation, operation, fundraising, product and service development, business transactions, exit strategies, and more. 

Intellectual Property Protection

Intellectual property is at the core of a start-up company, it is what sets them apart and gives them a competitive edge in the market. Whether it’s a unique brand identity or a new product, protecting these valuable assets is crucial to ensure the longevity and success of a new business. Failure to protect intellectual property can have far-reaching and serious consequences including reduced company value, loss of exclusivity, leak of confidential information, and more. These are three ways in which an attorney can help start-ups protect their intellectual property. 

• Trademarks: Trademarks are very important in the intellectual property law world. It consists of signs, words, and symbols that distinguish one company’s services/products from another. Trademarks are a visual way for consumers to recognize a brand. It encourages competition.
• Patents: Patents give inventors exclusive rights to their inventions, thus, preventing others from selling or using said invention without explicit permission. Patents reward inventors, in turn encouraging innovation and ensuring creations eventually become available to the public.
• Copyrights: With a copyright, the creator has exclusive rights to reproduce, distribute, perform, or display their work. Copyright protects original works of authorship such as books, art, music, and software.

Company Formation

To create a start-up business model in Florida and beyond it is important to set the groundwork from the beginning, which starts with company formation. This corporate formation strategy is key to protecting the business, minimizing liability, and setting the enterprise up for success. The legal structure founders choose during the business formation process has far-reaching ramifications including how daily operations are run, the ability to raise capital, how much is paid in taxes, and more. The most common business entities in the state of Florida include:

• Sole Proprietorship
• General Partnership
• Limited Liability Company (LLC)
• Corporation
• Limited Partnership 

With the guidance of trusted attorneys, founders and entrepreneurs can determine the best course of action for their business. 

Risk, Liability, and Litigation

“An ounce of prevention is worth a pound of cure” goes the popular saying, and nowhere is this more true than in start-up companies. These enterprises must ensure they are protecting their young companies from legal actions such as lawsuits. Legal battles are lengthy, and costly, and create unwanted negative publicity, which is why a start-up should assess risks early on and work with corporate attorneys from the beginning. Here are three ways in which an attorney can help protect start-ups from risk: 

1. Incorporate the business: create a legal entity that is separate from the founders to protect personal assets from legal action taken against the company.
2. Comply with regulations: work with an attorney to ensure the company complies with laws and regulations. This is key in avoiding legal issues down the road.
3. Drafting clear founder agreements: it lays out the fundamentals and avoids legal disputes between co-founders. It includes the percentage of the company owned by each person, roles and responsibilities, how voting is conducted, etc. 

The Saade Law Firm, P.A. works with founders and their advisors to handle all legal matters facing a company in its beginning stages of operation. Contact us today and let’s set your business up for lasting success. 

‍