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Arnold LaRochelle Mathews VanConas & Zirbel LLP
805-988-9886
  • Home
  • About
  • Attorneys
  • Practice Areas
    • Business Law
    • Civil Litigation
    • Conservatorships and Guardianships
    • Estate Planning, Probate & Trust Administration, and Elder Law
    • Probate & Trust Litigation
    • Real Estate
    • Water and Wastewater Law
  • Blog
  • Contact
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  5. 3 costly legal mistakes startups make in their first year

3 costly legal mistakes startups make in their first year

On Behalf of Arnold LaRochelle Mathews VanConas & Zirbel LLP | Mar 4, 2026 | News

The first year of a startup moves fast. You focus on building, selling, hiring and staying afloat. Legal details usually get pushed aside until something goes wrong, and that delay is where real money gets lost. Here are three mistakes that tend to hit startups hardest in their first year.

Failing to protect intellectual property early

If ownership of your work is not in the company’s name, you do not fully control your own product. Founders, developers and contractors must sign written agreements that assign what they create to the company.

Without that paperwork, the person who built the code or designed the branding may still legally own it. That becomes a problem when investors start asking questions or when someone leaves and claims rights. The fix is simple: use written intellectual property assignment agreements from day one and keep them signed and stored.

Misclassifying workers and ignoring employment laws

Calling someone a contractor does not make them one under California law. The ABC test under AB 5 sets strict rules. Many startup roles do not qualify as independent contractors if the work supports the core business. Getting this wrong can mean back pay, penalties and tax issues. Before labeling someone a contractor, look at what they actually do and whether it fits the law, not just what feels convenient.

Operating without proper contracts and agreements

Handshake deals and online templates rarely hold up when money and control are involved. If you do not clearly define founder ownership, decision rights and exit terms in writing, disputes become harder and more expensive to resolve. The same goes for vendor and employee agreements. Clear contracts do not slow you down; they prevent fights later.

Get it right before it costs you

None of these issues feels urgent until they are. Taking time early to clean up ownership, classification and agreements saves far more time and money later. If something feels unclear, get guidance from a business attorney and fix it before it grows. A gentle reminder that solid structure makes growth easier.

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