Scaling successfully: Building your legal business roadmap

Legal tips every startup entrepreneur should know

Scaling a business is an exciting but challenging endeavor that requires careful planning and execution. As you embark on the journey of scaling your business, it’s crucial to build a solid foundation to support growth. In this resource, Tricia Meyer, Managing Attorney, CEO of The Clever Baby and Target Forward Founders alumni, explores key steps to scaling successfully, focusing on legal aspects that are often overlooked. From safeguarding relationships, confidential information and intellectual property to streamlining processes and complying with privacy laws, she shares the essential components of a comprehensive legal business roadmap that’ll help you scale smart™.

1. Review business relationships:

The first step in scaling your business is to conduct a comprehensive review of your existing business relationships. Ensure that you have the right contracts in place, meticulously crafted to protect your interests and mitigate known risks. Pay particular attention to agreements governing client relationships, your team, partnerships and collaborations. These contracts should clearly outline the scope of work, deliverables, timelines, payment terms, duration of agreement and more.

Protecting confidential information and intellectual property is paramount. Be sure that your contracts include robust confidentiality clauses and clearly define the ownership and usage rights of any intellectual property created or used during the course of your engagements. Different relationships require different considerations and risks. Aligning these contractual terms with your business practices is crucial for success.

2. Review and update hiring documents:

Effective scaling for the long run requires a strong and committed team. Reviewing your hiring documents is essential to ensure that the interests of your business are protected. Key elements to focus on include ownership of intellectual property, protection of confidential information and the inclusion of non-solicit and non-compete clauses. To the extent you are granting equity or options, it is imperative that you document it properly and consider vesting triggers or restrictions.

Additionally, make sure to clearly define the role, compensation, scope of the work and the ownership of any intellectual property created by your employees. Implementing non-solicit and non-compete clauses can safeguard your client base and prevent key employees from leaving and competing directly with your business. Striking the right balance in these clauses is crucial to ensure enforceability without being overly restrictive. It’s important to note that enforceability of and requirements related to non-solicit and non-compete clauses are state-specific, and so understanding the precedent in states that you intend on expanding to is key to ensure you are setting the company up for success.

3. Protect intellectual property with trademarks, copyrights and patents:

Your company’s intellectual property is one of its most valuable assets. It’s essential that you’re not only protecting it through your contracts, but also through traditional means as applicable with trademarks, copyrights and patents. Trademarks protect your brand identity, ensuring that clients can easily recognize and trust your services in a crowded market. Copyrights shield your creative works, such as legal publications or marketing materials, from unauthorized use, reinforcing your unique voice in the industry. Patents should also be explored to not only ensure you’re not violating anyone else’s patent but also to determine if any protections are available for your business. By securing these forms of protection, you not only establish a competitive advantage but also strengthen your business, shielding it from potential conflicts and infringement claims and fostering a secure environment for sustainable growth.

4. Review your business processes:

Efficient processes are the backbone of a scalable business. Review and optimize your onboarding processes for new team members, customers, vendors and strategic partners. Develop standardized templates specific to your business that can be tailored to your needs, ensuring consistency and reducing the likelihood of errors or omissions. Make sure that you are also being thoughtful about the contract structure to ensure it is as efficient as possible.

Make sure you’re keeping organized records as this is crucial for legal compliance and operational efficiency. Implement a solid process for storing signed contracts and tracking key term dates. This not only streamlines your day-to-day operations but also ensures that you are always aware of upcoming contract renewals or milestones.

5. Consider state filings and licenses:

Before expanding your business to new jurisdictions, thoroughly research and consider any additional state filings or licenses that may be required. Compliance with state regulations is crucial for avoiding legal complications and ensuring that your business operates within the bounds of the law.

Different states may have varying licensing requirements for legal professionals, and failure to comply can result in severe consequences. Taking the time to navigate and fulfill these obligations before expansion is a proactive step that can save your business from legal setbacks in the future.

6. Review data collection practices and privacy law compliance:

Reviewing your data collection practices is imperative. Ensure that your company is acting in accordance with applicable privacy laws. This includes being transparent about how data is collected, used and shared, as well as obtaining any necessary consents from individuals. Oftentimes, this requires you to enter into additional agreements with third parties you will share information with to ensure they are only using it according to your instructions and within the parameters of the agreement.

Regularly audit your data handling processes to identify and rectify any potential privacy vulnerabilities. As privacy laws evolve, staying abreast of regulatory changes and adjusting your practices accordingly is vital. This not only mitigates legal risks but also builds trust with your clients and strategic partners.

Scaling your business requires strategic planning and preparation. By following the steps outlined in this blog, you can establish a strong foundation, protect your interests and pave the way for sustainable growth. From contractual relationships to internal processes and regulatory compliance, each aspect plays a crucial role in the success of your business. By addressing these legal considerations proactively, you’ll avoid unnecessary pitfalls and position your business for success.

About the author

Tricia Meyer is a serial entrepreneur, business lawyer and mom of six. Tricia is the Founder + Managing Attorney at business law firm, Meyer Law and Co-Founder at The Clever Baby. At Meyer Law, Tricia has helped thousands of companies from startups on Shark Tank to growing companies on the Inc.500 list to some of the largest, well-known companies in the world. Learn more about how Meyer Law helps scaling companies here and at www.MeetMeyerLaw.com.