Boston Startup Attorneys & Lawyers
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Francis Gleason
Jo Ann Jorge
Briana Cummings
Adam Bruno
Robert Linch
Barry Greene
James Jones
Keidi Carrington
Tara Swartz
Roger Glovsky
O. Carter
James Cormier
Stanley Kay
Kevin Plante
Philip Mehall
Renate Harrison
E. Jay Wilusz
Thomas Camp
Frank Maniscalco
Alan Vail
Roger Matthews
Ildiko Mehes
Christopher Ray
Michel Bamani
David Harlow
Jake Adams
Tania Shah
Tyler Masse
Gwenn Roos
Ashley Andrade
Jennifer Sirrine
Michael Morris
Dave Brown
Dan Rosenthal
Adam Hopkins
Theodore Joyce
Andrew Bunnell
Jeffrey Loeb
Brendan T. Redmond
Tim Moynihan
Eric Osterberg
Daniel Reilly
David Groshoff
Matthew Hadge
Abslekj Buwiuebr
Brian Wells
Sean Carnathan
Matthew Denoncour
Joseph Moen
Phillips (Phil) Axten
Christina Simpson
Michael Kaplan
Aura Brosnan
Boston Startup Lawyers
Legal Tips and Information
Important Startup Attorney Services
As you begin your search for an attorney to help your startup with its initial legal requirements, you’ll want to ensure that the attorney you hire is capable of providing a diverse set of services. Your startup – like most businesses – may seem straightforward from a legal perspective, but in reality, there are a number of “pain points” that commonly affect startups and that are worth keeping in mind as you move forward.
Intellectual Property Protection
Intellectual property – patents, trademarks, copyright, trade secrets, etc. – may comprise the bulk of a company’s value, and this is particularly true in the startup world, where there may be an initial dearth of human capital, equipment, and other high-value assets.
To protect your intellectual property, your attorney must prove capable of a variety of tasks. Skilled startup attorneys draft confidentiality agreements and non-disclosure agreements to prevent employees, contractors, and other service providers from revealing information to competitors. After working with you to formulate a patent/trademark strategy that meets your budgetary restrictions and adequately protects your IP, your attorney should submit the relevant applications to the United States Patent & Trademark Office (USPTO). In the event of infringement, your attorney should take steps to negotiate with the infringers to end the infringement and settle the issue. If negotiations break down, your attorney should be able to litigate the case or should refer you to an attorney with such experience.
Employment Contracts
Employment contracts can be rather confusing to navigate in the early growth stage of a startup, as circumstances not only engage the usual complexities of an employment contract (i.e., setting reasonable terms that are in comport with the law), but also frequently involve some stake in the company itself. To prevent any unfortunate misunderstandings down the road, it’s important to hire a Boston startup attorney who knows how to draft an employment contract and a stock agreement.
Business Formation Services
The vast majority of startups will either incorporate or form as a partnership. By default, owners are not shielded from the risk of legal liability. By incorporating, however, you can prevent a lawsuit from penetrating the personal assets of owners, employees, and investors.
Suppose, for example, that you own a sole proprietorship startup – you are the sole owner. Your startup is subsequently sued by a disgruntled ex-employee. The employee wins the a damages award of, say, $250,000. If the business is not able to absorb this cost (as is true for many early stage startups), then the plaintiff can sue you as the sole proprietor and reach your personal assets. To put it simply: you may have to pay for your company’s legal liabilities out of your own pockets.
Most startup attorneys are familiar with drafting the necessary documents and registering a company in the desired form. They should also provide some supplementary advisory services to help you decide which corporate/partnership form makes sense for your business.
Qualities of a Great Startup Attorney
Though every startup is likely to have somewhat different expectations for their attorney, the best startup attorneys share certain common, positive traits.
For a long time, attorneys were able to portray and sell a quality of service that was inconsistent with their actual offering. With UpCounsel, however, you can browse the ratings, reviews, and repeat-client numbers for an attorney. Positive UpCounsel ratings can be taken as a reliable indicator of high-quality legal services.
What do great startup attorneys do to separate themselves from the pack?
Strategic Advising
Your attorney should not just be an instrument for drafting contracts, registering your business, and submitting intellectual property applications – a skilled startup attorney should work with you to ensure that you and your team understand the legal issues as they come up. Further, your attorney should advise you on the strategic consequences of various legal decisions. For example, if you are entering into a contract with another business, your attorney should not simply draft the contract document itself, but should also explain the advantages and disadvantages of relevant provisions.
No Hours Padding
Hiring an attorney can quickly drain the limited operating budget of an early stage startup. Though you can take certain measures to maximize your return on your startup attorney’s billable hours, it’s critical that you work with an attorney who is open and honest about their billable hours. It can feel like you’re fighting a losing battle if you work with an attorney who is constantly attempting to pad their hours and charge you additional legal fees. Remember to read UpCounsel reviews to assess whether your attorney struggles with this issue.
Client-Engaged
The startup environment is typically fast-paced and feedback-oriented. As such, your attorney should be compatible with a heightened level of engagement. Avoid attorneys who respond to concerns after several days delay. Time is especially valuable in the startup context. If your attorney is slow to respond and does not seem particularly invested in the attorney-client relationship, he or she may stall important, internal decision-making processes.
Contract Considerations for the Growing Startup
Startups – like all companies – must navigate a variety of contracts in order to do business. Regardless of what specialty your startup attorney has, they should at the very least be a capable contract lawyer. The best contract attorneys will take the time to explain the strategic advantages and disadvantages of various contract provisions, but as a layperson, it is worth keeping in mind a few baseline understandings applicable to many of the contracts your startup will execute.
Breach May Be The Correct Strategy
It is important that you understand that breach is a strategically-available option. Breaching one’s contract may be a reasonable choice given the circumstances. Depending on how the contract was drafted, there may be fees for such breach, or an alternative dispute resolution process to determine damages, or the breach may ultimately result in settlement or a lawsuit. Though breach is not usually “desired,” it should not be considered off-limits.
Negotiate and Draft Favorable Terms
There are provisions in your business contracts that may initially appear to be of minor significance, but may actually become quite meaningful later on. As such, it is important that you negotiate and draft favorable terms for all relevant aspects of the contract, even those that may not seem worthwhile at first.
For example, when you execute a contract, the state jurisdiction that you select to govern the contract may affect whether other terms of the agreement are deemed valid and enforceable under the law.
Consider Including an Arbitration Provision
Arbitration is a form of alternative dispute resolution that can be highly advantageous to growing startups. The decision made by a neutral arbitrator (out of court) can be confirmed by a court of law and serve as the final judgment over the matter. Further, arbitration is private and thus avoids the potential reputational damage of associating your brand with a lawsuit.
If you are interested in including an arbitration provision in your contracts, speak with your contract attorney. They will advise on the specific implementation of your arbitration provision (and can provide additional information on potential alternatives) and will draft accordingly.
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Legal Services Offered by Our On-Demand Boston Startup Attorneys
On UpCounsel, you can find and connect with top-rated Boston startup attorneys & lawyers that provide a range of startup law services for startups and entrepreneurs that are starting a business. Any of the top-rated Boston startup lawyers you connect with will be available to help with a variety of your startup law related legal needs on-demand or on an ongoing basis in the city of Boston, MA.
From primarily dealing with things like business formation, contracts, leases, equity financing, securities, and intellectual property protection, the Boston startup lawyers on UpCounsel can help you with a variety of specialized and general startup law related legal matters. No matter what type of startup law needs you have, you can easily hire an experienced Boston startup lawyer on UpCounsel to help you today.
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This is the most recent 13 reviews for Business Operations attorneys in Massachusetts
Assist with Outside General Counsel
"Great communications with Alejandro. We provided a detailed information package of our commercial situation and he was able to efficiently review and provided us a detail legal assessment as well as advice. Excellent general council and we look forward to working with him again and growing our business relationship."
Douglas A
.
Shirley,
MA,
almost 4 years ago
Consult on Outside General Counsel
"Very friendly, helpful and knowledgeable!"
Derek F
.
Allston,
MA,
about 4 years ago
Assist with Outside General Counsel
"Great services. We couldn't ask for more."
Harry L
.
Brookline,
MA,
over 4 years ago
Consult on Outside General Counsel
"Very knowledgable, flexible, and willing to make updates. I really appreciated his flat price quote. Would highly reccomend!"
Samuel T
.
Cambridge,
MA,
almost 5 years ago
Assist with Outside General Counsel
"Great experience working with Lois on a time-sensitive US-China cross border contract"
Mukund K
.
East Walpole,
MA,
over 5 years ago
Founder Separation Documents
"Geoff was generous with his time and proactive in offering up creative solutions for the case. Thanks, Geoff!"
Jane Z
.
Allston,
MA,
over 6 years ago
Outside General Counsel Services
"Alejandro is great! Highly recommend"
Hongyang L
.
Woburn,
MA,
almost 8 years ago
Loan Transaction / Promissory Note
"Great experience. Very knowledgable and professional."
David N
.
Brighton,
MA,
almost 8 years ago
Outside General Counsel Services
"Highly recommend."
Shachar G
.
Chestnut Hill,
MA,
about 9 years ago
Outside General Counsel Services
"Alejandro quickly understood our question and the issue, provided a clear and educated response and made sure to walk us through the issue so we had a good understanding as well. He seemed well versed and friendly. Very satisfied."
Shachar G
.
Chestnut Hill,
MA,
about 9 years ago
Startup Formation Assistance
"Roger is the man.. He helped me in understanding startup logistics clearly... This helped me in my negotiation with investor."
Daya S
.
Woburn,
MA,
about 9 years ago
Review Founders Agreement
"Mr. Love is one of the best startup attorney and has provided excellent and pragmatic advise. I strongly recommend him."
Sridhar Y
.
Dover,
NH,
over 9 years ago
Startup Board Member Assistance
"Mario, is fair, honest, diligent and very sharp."
Eliran S
.
Boston,
MA,
over 9 years ago