Incorporation, LLC Formation, and Converting LLCs to Corporation

COMPANY FORMATION AND CONVERSIONS

I.T.H. Law can help you choose the type of entity that is best suited for your business needs, draft the company's formation documents, and complete all applicable state authorization filings and publication requirements.  If you are considering converting your company from one entity form to another (e.g., by converting your New York LLC into a Delaware corporation), I.T.H. Law can guide you through the maze of requisite corporate actions, filings, and contract reviews to ensure a smooth transition.

 
 
Trademark Registration

TRADEMARK PROTECTION

More than simply a registration process, trademarking involves weighing several legal, business, and practical considerations. I.T.H. Law assists emerging and high-growth companies protect their marks through appropriately tailored trademark searches, application and maintenance filings, USPTO office action responses, and cease and desist letters.

 
 
Non-Disclosure Agreements and Confidentiality Agreements

NON-DISCLOSURE AGREEMENTS

Your company’s confidential information is one of its most valuable assets and should be treated that way. I.T.H. Law can draft carefully worded non-disclosure agreements that prohibit the unauthorized use and disclosure of your company's confidential information. We can also review third party non-disclosure agreements to protect your company against inadvertently limiting the information it can use.

 
Seed Funding and Venture Capital

SEED FUNDING AND VENTURE CAPITAL

Unfortunately, personal bank accounts, credit cards, and wealthy charitable uncles only go so far. I.T.H. Law advises startups and early-stage companies on their fundraising options, including equity financing (i.e., issuing investors preferred shares in the company), debt financing (i.e., issuing convertible notes to investors), and synthetic early-stage financing (e.g., utilizing alternative investment instruments, such as the Simple Agreement for Future Equity (SAFE) or the Keep It Simple Stupid (KISS) financial instrument).  The firm also represents companies in negotiations with angel investors, micro VC funds, seed stage funds, and early stage funds, and advises on matters relating to product crowdfunding (e.g., on Kickstarter and Indiegogo) and equity crowdfunding (e.g., on AngelList).

Independent Contractor Agreement

INDEPENDANT CONTRACTOR AGREEMENTS

You need something done quickly -- perhaps a logo design or front end development work. You don’t have the resources to complete the task in-house, so you hire an independent contractor to do the work instead. I.T.H. Law can negotiate and draft your independent contractor agreement, advise you on how to meet and maintain the designer's or developer's independent contractor status, and help you avoid expensive penalties, which can include back pay, overtime compensation, the value of the worker's benefits, unpaid taxes and contributions, fees and interest.  

 
Website Development Agreements and Software Development Agreements

WEBSITE DEVELOPMENT AGREEMENTS/SOFTWARE DEVELOPMENT AGREEMENTS

Web development is a complex mix of web design, web hosting, frontend and backend development, automated tests, third party libraries and frameworks, build scripts, configuration files and so much more.  Other types of software development involve similar complexities. I.T.H. Law leverages its legal and technical knowledge regarding software development to draft robust Software Development Agreements that address the many facets of software development, including project scope, IP ownership, warranties and limitation of liability.

 
 
Offer Letters and Employment Agreements

OFFER LETTERS AND EMPLOYMENT AGREEMENTS

Whether your company is ready for its first hire or its fiftieth, the terms of employment should be clearly defined.  What payments and benefits will the employee be entitled to during his or her employment and upon termination? Is your company protected against a disgruntled employee who takes what he or she has learned and shares it with your competitor?  Will the non-compete clause in the contracts you currently use hold up in court? These are issues that can cripple smaller companies without carefully drafted offer letters and employment agreements. Let I.T.H. Law draft or review yours today.

 
 
Terms of Use and Privacy Policy

TERMS OF USE AND PRIVACY POLICIES

Websites and native applications raise legal liability and intellectual property ownership concerns, particularly when they collect personal information or allow users to post content. I.T.H. Law can help you navigate these matters by carefully drafting your website’s Terms of Use and Privacy Policy and by examining your website, native application, or wireframes for issues relating to enforceability and compliance with data privacy laws.

 
End User License Agreements

END USER LICENSE AGREEMENTS

As Google’s Android Studio’s documentation states, “An End User License Agreement can help protect your person, organization, and intellectual property, and we recommend that you provide one with your application.” I.T.H. Law can prepare an EULA for your company that, among other things, limits your company’s liability and requires your users to indemnify your company against certain third party claims.

 
SaaS Agreement and Software as a Service Agreement

SOFTWARE AS A SERVICE AGREEMENTS

SaaS, or software as a service, is all the rage these days, and for good reason. But with cloud service comes cloud responsibility. I.T.H. Law can draft your website's SaaS agreement to address or establish payment terms, representations, service levels, credits, data privacy and security matters, and limits to your company’s liability.

 
Software License Agreement

SOFTWARE LICENSE AGREEMENTS

You’ve built an awesome piece of software. Now you want to share it with the world. With a license agreement drafted by I.T.H. Law, you can distribute and monetize the fruits of your labor knowing your company will be protected if users misuse or disclose the software without proper authorization.

 
Written Information Security Program and WISP

WRITTEN INFORMATION SECURITY PROGRAMS

Does your website or app collect personal information from Massachusetts residents, e.g., their names and credit card numbers? If so, I.T.H. Law can ensure your company is in compliance with Massachusetts’ Data Security Regulation. The Regulation requires businesses that own or license personal information about a Massachusetts resident develop, implement, and maintain a comprehensive written information security program. It doesn't matter where the business is located, and failing to implement such a program could subject your company to civil penalties and private causes of action if it experiences a security breach.