Securities Laws: Including Securities Act of 1933, Securities Exchange Act of 1934, State Blue Sky laws, and regulations concerning equity compensation. Critical for any advisory agreements involving equity components.
Corporate Law: State-specific corporate laws (especially Delaware General Corporation Law), fiduciary duty provisions, and corporate governance regulations that govern board and advisory relationships.
Intellectual Property Laws: Patent Act, Copyright Act, Trade Secrets Act, and Trademark laws to protect company IP and establish ownership rights in advisory relationships.
Employment and Labor Laws: Fair Labor Standards Act, IRS regulations regarding independent contractor classification, and state-specific employment laws to properly structure the advisory relationship.
Confidentiality and Privacy Laws: Trade Secrets Protection Act, state-specific privacy laws, and data protection regulations to safeguard company information shared with advisors.
Contract Law: State-specific contract laws, Statute of Frauds requirements, and common law principles of contract formation to ensure enforceability of the agreement.
Tax Laws: Internal Revenue Code provisions, state tax regulations, treatment of equity compensation, and independent contractor vs. employee classification considerations.
Key Agreement Elements: Essential components including confidentiality obligations, IP ownership, compensation terms, term and termination, fiduciary responsibilities, conflict of interest provisions, liability and indemnification, non-compete clauses, and dispute resolution mechanisms.
