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"Startup Law 101 is a manual that offers a wealth of useful information to startup company founders and operators, and those who may advise them...the book will assist lawyers who encounter clients engaged in startup ventures to spot issues for their own handling or for potential referral."
Reviewed by Kim Nayyer, Associate Univeristy Librarian, Law
University of Victoria
See Review in 2019 Canadian Law Library Review 44:1 (page 21)
Startup Law 101: A Practical Guide offers comprehensive advice on the various legal considerations involved in establishing and running a successful startup company. With contributions from numerous leading practitioners, this book provides helpful guidance on the different stages of starting a business – from its formation and funding, to operationalizing, to building and protecting its IP assets.
Valuable insight
Organized into three sections, Startup Law 101: A Practical Guide includes useful information that will help entrepreneurs and their legal advisors set up, run and grow a business.
Part 1 sets out the options for forming and funding a business, and explains:
the various business structures and the tax implications of each
how and where to incorporate a business, including tips on organizing the business post-incorporation
how to finance a business through debt or equity, including the differences between them and the issues associated with raising capital through equity
shareholder agreements, outlining various types and common provisions
alternative forms of financing, including crowd-funding and sweat equity agreements
common funding structures, including lists of different sources of funding available in Canada
Part 2 explains the legal aspects of business operations, including:
key considerations for hiring staff, such as classifying workers as independent contractors or employees, employment standards and statutory entitlements, contractual and human rights issues, and workplace policies and procedures
consulting agreements, with details of different agreement types and possible provisions to include, with examples of each
the legal and regulatory regime for advertising as well as comparative advertising, online behavioural advertising and other forms of advertising
defamation – what it is, defences to it and how it applies on the Internet
privacy, including guidance to comply with the applicable regulatory framework
Terms of Use, when they should be used, potential limitations and draft clauses
Part 3 offers insight into building a business' intangible assets, including:
an overview of IP rights, a chart outlining basic facts about those rights in Canada and the U.S., and an IP cheat sheet
an overview of trademarks – important branding considerations, including how to select a trademark and determine if it's available, as well as protecting and enforcing a trademark
an introduction to copyright - what it is, what it protects, the rights it confers, how it is enforced, moral rights, remedies for infringement and clearance of third-party copyright
an explanation of design protection, including what can be protected, how design interfaces with other forms of IP, novelty and originality requirements, the registration process, securing protection in other countries, ownership and infringement
an overview of trade secrets and associated considerations
an introduction to patents, the patent process and regulatory issues
a chapter dedicated to IP protection for engineering and technology startups
specialized content related to biotechnology patents
