Insights & Field Notes
From Founders Law

Practical field notes for builders.

Practical guidance from our team to founders on fundraising, IP, M&A, and the various ways that law intersects with business. Subscribe and we'll send the new ones to your inbox.

IP & TechApr 29, 2026

Patent Alternatives: When Do You Need a Patent and How to Secure Other IP Protection

Many startups are cost conscious and have to think carefully about whether they spend limited funds. Many are also technology-focused, and their value depends heavily on their ability to identify, protect, and commercialize core intellectual property.

Zoe NagasingZoe Nagasing4 min
Art & MediaApr 27, 2026

Art, Design, and the Law

Few areas might seem further apart than the arts and the law. One deals with the expression of emotion and ideas with the goal of connecting and moving others, and the other operates in the realm of technicalities and minute detail.

Dane FogdallDane Fogdall3 min
IP & TechApr 26, 2026

Legal Challenges of Hard Tech

While every startup faces its own unique legal challenges, the market of the startup often determines what form those challenges end up taking. There is no area where that is more true than in the "hard tech" space.

Dane FogdallDane Fogdall5 min
VC & StartupApr 7, 2026

What the Michigan Championship Means for NIL: A Founder's Playbook

Last night, the Michigan Wolverines beat UConn 69-63 to claim their second national championship in program history. Elliot Cadeau was named Tournament Most Outstanding Player.

Founders Law4 min
VC & StartupMar 30, 2026

Founder Checklist: Priced Round Preparation

When founders start the process of raising a priced round, there are fundamental business decisions that need to be made before negotiations start in earnest. The first decision will lead the headlines: the valuation of the company used in the priced round.

Charlie SommersCharlie Sommers6 min
VC & StartupMar 10, 2026

Founder Checklist: Raising Money via SAFE

Simple Agreements for Future Equity (SAFEs) are the preferred method for early stage startups to raise their first investment dollars.

Charlie SommersCharlie Sommers5 min
VC & StartupMar 9, 2026

Legal Checklist for Consumer Packaged Goods Founders Before Your First Manufacturing Run

Everyone loves snacks—especially the team at Founders Law when our awesome consumer packaged goods (CPG) clients send us samples! But for CPG startups to scale a product effectively, founders must ensure their legal infrastructure is ready.

Founders Law5 min
LitigationMar 6, 2026

Arbitration v. Mediation v. Trial

For founders, the furthest thing from your mind is a legal dispute, and the goal of a good founder is to avoid litigation. However, conflict is sometimes unavoidable.

Dane FogdallDane Fogdall5 min
LitigationMar 5, 2026

Should I Sue? The Founder's Perspective

For founders, one of the most stressful and frustrating experiences is when an agreement you made with someone is broken.

Dane FogdallDane Fogdall4 min
VC & StartupMar 2, 2026

What Form of IP Protection is Right for You and Your Start-Up

As a founder, one of the most valuable assets you possess is your intellectual property: your ideas, technology, inventions, business practices, and branding.

Dane FogdallDane Fogdall4 min
VC & StartupJan 17, 2026

Founder Control, Board Governance, and Voting Power: What the Chicago Bears Teach Startup Founders About Dual-Class Stock and Long-Term Control

The Chicago Bears are often discussed as one of the NFL's most historic franchises. From a corporate governance perspective, however, the Bears look far less like a traditional sports team and far more like a founder-controlled company.

Founders Law5 min
VC & StartupDec 16, 2025

Do You Need a Holding Company? A Founder's Guide

As a founder, your priority is building your product, growing your team, and scaling your business. Yet as your business grows, so do the complexities and risks.

Thomas BudnikThomas Budnik4 min
IP & TechNov 18, 2025

Controlling your IP Means Controlling Your Future: What Stephen Curry's Under Armour Split Teaches Founders About Brand Ownership

Stephen Curry's recent split from Under Armour after more than a decade of partnership highlights a simple truth. Control of your intellectual property is control of your future.

Founders Law4 min
VC & StartupNov 4, 2025

Founder Equity Splits & Re-Splits: Getting It Right Before You Raise

Few topics create more tension—or more lasting consequences—than how founders divide equity.

Noah LevinNoah Levin6 min
IP & TechOct 26, 2025

How Venture Capital Evaluates Quantum IP Portfolios

In quantum computing, intellectual property is the business model. Unlike software startups, which can iterate toward product–market fit, quantum companies are capital-intensive, research-driven, and often pre-revenue for years.

Erika R. KnierimErika R. Knierim7 min
IP & TechOct 25, 2025

Intellectual Property for Quantum Startups: Building Defensible Innovation in a Non-Classical World

Quantum computing has reached the transition from laboratory research to commercial deployment. As superconducting, photonic, and ion-trap systems mature, founders are discovering that while the physics is complex, the law can be even more so.

Erika R. KnierimErika R. Knierim4 min
VC & StartupOct 24, 2025

Equity Incentive Plans: Because Team Retention Requires More Than Free Pizza

Equity incentive plans ("EIPs") are legal frameworks that allow companies to grant equity-based compensation to their executives, directors, and employees.

Founders Law3 min
VC & StartupJul 2, 2025

Negotiating a Founders' Agreement

Founders' agreements are often compared to premarital agreements. No one gets married hoping or expecting to get divorced.

Sam ZieglerSam Ziegler7 min
VC & StartupMay 16, 2024

Data Rooms and Due Diligence: Raising Capital from Investors

The data room is one of the most important aspects of the due diligence process of any fundraising round. This virtual "room" will hold all of the company's documents for your investors to evaluate as you negotiate.

Thomas BudnikThomas Budnik2 min
VC & StartupApr 15, 2024

The Big FAQs About TOU

If building a company is like building a house, consider the website or application Terms of Use your front door – users are welcome to come in but first, they have to open the door and walk through.

Erika R. KnierimErika R. Knierim7 min
VC & StartupMar 27, 2024

Operating Agreements for LLCs

An operating agreement is a fundamental legal document that all LLCs should have in place. Operating agreements outline both the LLC's financial and functional decisions, including the business structure and the roles and responsibilities of its members and/or managers.

Hind AmraHind Amra2 min
VC & StartupMar 13, 2024

The Art of Startup Resilience: Surviving and Thriving in a Bear Market

In the Startup world, the path to success is often painted with bold strokes of innovation, ambition, and resilience. But what happens when the tide turns and you find yourself navigating the challenging waters of a bear market?

Erika R. KnierimErika R. Knierim4 min
VC & StartupMar 4, 2024

Understanding Equity Rounds: A Primer on Pre-Seed vs. Seed vs. Series A

Understanding equity funding for startups is crucial for the growth of your business. Even companies that launch with a great idea won't be able to reach their full potential without proper funding.

Thomas BudnikThomas Budnik3 min
VC & StartupFeb 8, 2024

83(b) Elections: Advantages & Disadvantages

Individuals who own equity in a startup face uniquely complicated tax issues that require efficient strategies to minimize immediate and future tax liability.

Hind AmraHind Amra4 min
VC & StartupJan 31, 2024

Seller Financing in Sale Transactions

When business owners are looking to sell their business, sellers can consider financing a portion of the sale price for the purchaser, especially in situations where it can be difficult to secure financing from banks.

Thomas BudnikThomas Budnik2 min
VC & StartupJan 29, 2024

Delaware C-Corporations: The First Choice for Founders and Investors

One of the most important early decisions that a founder will make is the legal structure for their startup, both in form (LLC vs. C-Corporation) and jurisdiction (home state vs. Delaware).

Hind AmraHind Amra2 min
VC & StartupOct 31, 2022

What is a Certificate of Incorporation?

A Certificate of Incorporation (also known as the articles of incorporation or the corporate charter) is a document that establishes the legal existence of a corporation. It is one of the first documents a corporation files with its chosen secretary of state.

Matthew C. McElweeMatthew C. McElwee3 min
VC & StartupOct 17, 2022

Term Sheets - A Crucial Brick in a Solid Foundation

More frequently than it should, the following situation occurs: a founder reaches out or is introduced, excited about a recent VC term sheet they've been provided, and asks for assistance in closing a Series Seed or Series A equity financing.

Matthew C. McElweeMatthew C. McElwee3 min
VC & StartupOct 17, 2022

Playing it "SAFE" with Pre-Seed Financing

For many startups, there is a period of market and product validation that requires capital before they're ready for an equity financing. There are a number of options available to founders at this stage – loans, self-financing, convertible notes, credit cards (not recommended).

Matthew C. McElweeMatthew C. McElwee2 min
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