Start-up,
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Innovation.

Events to foster the entrepreneurial spirit.

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July 25, 2017 brian prokopowich0

When you’re involved in a contractual dispute, the process for resolving the dispute should be set out in the contract itself.

If the contract is silent on the point and you can’t resolve your dispute, you will have to use the courts. This can lead to disagreement about which courts have jurisdiction, so it is important to include clauses dealing with both governing law (what law applies) and jurisdiction (which courts can decide a case) in your contract.

To finish reading the Clausehound blog: Click Here

This blog was originally posted by Farrah Roahman

This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk. Clausehound.com is a legal tool geared towards entrepreneurs, early-stage businesses and small businesses alike to help draft legal documents to make businesses more productive. Clausehound offers a $10 per month DIY Legal Library which hosts tens of thousands of legal clauses, contracts, articles, lawyer commentaries and instructional videos. Find Clausehound.com where you see this logo.


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May 18, 2017 brian prokopowich0

A common question that entrepreneurs/inventors have when incorporating is how to structure the business. The options for structuring a business can be overwhelming, especially when it comes to determining the number of share classes to include in your corporation. Generally, founders will initially want to issue shares to themselves, their investors, and certain employees.

To finish reading the Clausehound blog: Click Here

This blog was originally posted by Farrah Roahman

This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk. Clausehound.com is a legal tool geared towards entrepreneurs, early-stage businesses and small businesses alike to help draft legal documents to make businesses more productive. Clausehound offers a $10 per month DIY Legal Library which hosts tens of thousands of legal clauses, contracts, articles, lawyer commentaries and instructional videos. Find Clausehound.com where you see this logo.


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May 1, 2017 Meg Marshall0

Insurance. It can sound like such a scary thing, but it really doesn’t have to be. In fact, it can be really helpful and may be a legal requirement in some circumstances. If an entrepreneur has never had their own business before or never needed commercial liability it can be very overwhelming. It is important to note that home and auto insurance are usually considered separate policies than commercial liabilities and coverage. We caught up with KASE Insurance, who specialize in small business, manufacturing companies, commercial needs and have a big heart for startups. We spoke with the fun, dynamic yet extremely knowledgeable partners of KASE. Stanislav Kojokin and Arian Ebrahimi provided some phenomenal insight and provides various examples and stages of what type of insurance might be needed. 

Arian and Stanislav of KASE Insurance give some amazing tips to consider when to insure a startup.

Q: Why should a startup get insurance?

A: Many startups believe that they are not big enough to need insurance and want to wait until more sales are generated or more assets are purchased. The reality is that having insurance should be in the budget from day one. As soon as a company starts operations and has customers, protection is needed.

Q:  Even if a startup is an app (application) and NOT producing any tangible products, would they still need insurance?

A: If the startup is generating revenue, they need liability insurance to make sure they are protected. Even if the company does not have a tangible product, their customers could claim that they suffered a loss as a result of the professional advice or the completed operations of the start up, at which point the start up would have to defend itself.

Q: Are there certain legal documents that would classify a company as a startup?

A: No.

Q: At what stage or point should a startup consider insurance?

Insurance needs should be considered part of the budget of a startup, suggests KASE Insurance.

A: It will be a great idea for you to consult with an insurance advisor before any of the following:

KASE Study #1: Start up company about to launch the beta version of their new product or software. Their client asks them to provide proof of insurance before signing a contract.

Insurance solution: Errors & Omissions Liability (E&O), Cyber Liability

Why is it important:  This insurance coverage helps protect professional advice- and service- providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client, and certain damages awarded in such a civil lawsuit. The coverage focuses on alleged failure to perform on the part of, financial loss caused by, an error or omission in the service or product sold by the policyholder. These are potential causes for legal action that would not be covered by a General Liability Insurance Policy which addresses more direct forms of harm. Cyber/Network Liability can usually be added to an E&O Policy to protect your exposure of a network going down or private information leaking and causing financial damage.

KASE Study #2: The start up company has outgrown the co- working space, and is looking to move into the new private office. As a condition of the new lease agreement, they are required to provide proof of insurance to the new landlord.

Insurance solution: Commercial General Liability and a Commercial Property  

Why is it important: Commercial General Liability covers bodily injury or property damage cause to a 3rd party. Commercial Property coverage protects a business’s own business property within the office.  This policy can also cover the loss of use of the premises in the event of a covered loss such as a fire.

KASE Study # 3: You are trying to put a board in place made up of experienced industry veterans. One of the potential candidates is asking you if he will be covered under your company’s insurance policy.

Insurance Solution: Directors & Officers Liability (D&O) Insurance

Why is it important: Provides coverage for a loss as a result of a legal action brought for alleged wrongful acts in their capacity as directors and officers of the company

KASE Study # 4: You have hired employees to help you grow your start up.   

Insurance Solution: Employment Practices Liability

Why is it important: Protect your organizations against employee suits for discrimination, wrongful termination, sexual harassment, failure to hire, etc. The key here is to remember: Even if you are in the right, it doesn’t mean you will not have to defend yourself.

KASE Study #5: Your business cannot operate without you the founder, or one of your key employees. Investors are concerned about the company’s future should something health related happen to that individual.

Insurance Solution: Key Person Insurance

Why is it important:   

The insurance company will a lump sum of tax free money to the corporation. These funds can be used to compensate for the loss of sales or the cost to hire a replacement for key individual.

KASE Study #6: You want to attract and retain the right talent to help you grow your business and are in search of employee incentives.

Insurance Solution: Employee Benefits- Health coverage

Why is it important: Your employees will have piece of mind when it comes to health-related expenses should they have health related issues.

Q: What are common components that are included in insurance policies (specifically for startups)?

A:  First and foremost, the startup should obtain a commercial general liability policy to cover their products and their completed operations. Depending on what the startup does, they may want to consider errors and omissions insurance as coverage for professional liability is typically excluded from a commercial general liability policy.

Q: Why does KASE insurance like working with startups?

KASE Insurance specializes in commercial insurance and can truly help startups!

A: KASE Insurance is a start up! We know the struggles startups go through in getting the attention they need. Startups are often neglected because of their small size and potential for failure so as a result, they are not usually getting the right attention from their insurance brokers. KASE Insurance prides itself in being an active resource for insurance and risk management for companies of all sizes.

Q:  What are some of the common mistakes that startups can encounter if they don’t have insurance?

A: Many startups will consider insurance when their customer or a landlord is asking for proof of the coverage. At that point, the startup may be scrambling to find insurance and will likely purchase what is readily available to satisfy their contracts. With more time and attention, an insurance broker can shop the market and find a more suitable product for the startup to buy.

Now, please. Do yourself a favour and get some insurance and do not jeopardize your idea, team and dream.  

A big thank you to Stanislav and Arian from Kase for lending their time, insight and knowledge to better prepare and protect fellow startups and entrepreneurs.


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April 12, 2017 brian prokopowich0

A startup, like any new business, is inherently risky, and you’ll want the venture to be as financially and legally secure as possible. But more than that, it’s kind of your baby. It’s something that you have created, and obviously you don’t want someone taking that away from you.

So it seems to make sense to want to make every potential investor you show your work to sign a non-disclosure agreement (NDA). It’s meant to keep an investor from having the ability to pass off your hard work to someone else and cut your competitive advantage.

It is very likely however, that a potential investor will refuse to sign an NDA before you’ve even gotten halfway through sliding it across the desk towards them. In some circles, it’s actually considered a faux pas.

To finish reading the Clausehound blog: Click Here

This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk. Clausehound.com is a legal tool geared towards entrepreneurs, early-stage businesses and small businesses alike to help draft legal documents to make businesses more productive. Clausehound offers a $10 per month DIY Legal Library which hosts tens of thousands of legal clauses, contracts, articles, lawyer commentaries and instructional videos. Find Clausehound.com where you see this logo.

Image Source: Rob Cottingham/Flickr


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March 18, 2017 brian prokopowich0

Everyone is looking to offer that next top-selling app, but it’s not as easy as it looks. First, you have to come up with an idea that is innovative and hopefully not already taken. Once you have that idea in mind, the next hurdle is bringing that idea to fruition while avoiding theft of your hard work. Here are some tips on how you can protect yourself.

Tip #1: Prepare a Non-Disclosure Agreement

 

One basic way to protect yourself is to have a standard non-disclosure agreement prepared. To get your ideas rolling, you will have to work with many different people. It is fantastic if you can only work with people you trust, but usually that’s not the case, so don’t take any chances! A non-disclosure agreement will require anyone who works with you to discuss your confidential information only with those who need to know the information, such as yourself and team, and to not share the information with anyone else.

 

To strengthen your protection, consider a non-competition agreement as well. Unlike a non-disclosure agreement, which protects confidential information from being shared, adding a non-competition agreement would prevent anyone who has worked with you from competing against you to build the same kind of app. This agreement would be particularly useful when your ideas are in the early stages and can be easily recycled by others in other areas.

 

Check out a sample Non-Disclosure Agreement here!


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March 7, 2017 brian prokopowich0

Serial entrepreneurs are constantly coming up with the ‘next big idea’. During the excitement of starting the process of building a business, incorporating might not be the first thing on an entrepreneur’s mind. Employees might be promised shares in a corporation that doesn’t even exist. Can the employees enforce this promise?

 

Check out Clausehound.com’s blog post on this topic to learn more!

http://blog.clausehound.com/can-founders-promise-equity-in-company-doesnt-yet-exist/?utm_source=startupTechUnleashed&utm_campaign=promiseEquity&utm_medium=referral


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February 24, 2017 brian prokopowich0

Whether a particular arbitration clause will be enforceable depends on the way in which the clause is drafted. Generally speaking, if (i) the clause is clear, (ii) arbitration is made mandatory, and (iii) the contract can otherwise be enforced, the arbitration clause will be enforceable.

Is the arbitration provision in your company’s employment agreement enforceable? Our partner organization, Clausehound.com, has shared a blog post that outlines considerations a company should take when drafting or reviewing the arbitration provision in its employment agreement. It is a valuable read for any entrepreneur or business that wants to ensure that their last line of defence in their employment contract is well drafted!

To read the original post go to: http://blog.clausehound.com/arbitration-provisions/?utm_source=startupTechUnleashed&utm_campaign=arbitrationProvisions&utm_medium=referral