Founding Partner
Our “IP and Employment Law for Startups” Entrepreneurial Strategy Series event on August 28, 2025 highlighted how protecting your people and your ideas is essential to building a strong foundation for growth. We broke down key issues including IP ownership, restrictive covenants, device and data policies, and the fine print of NDAs. Check out the key takeaways as well as the video or podcast replay below for practical strategies to safeguard your startup’s most valuable assets while avoiding common legal pitfalls!
Our Speakers:
- David Postolski, Esq., Partner at Gearhart Law: david@gearhartlaw.com
- Steven Frydman, Associate Attorney at Gearhart Law: steven@gearhartlaw.com
Key Takeaways:
- Intellectual property (IP) is a startup’s most valuable asset—including patents, trademarks, copyrights, and trade secrets, which often make up the majority of a company’s value.
- Copyright ownership defaults to the creator, unless there’s a written agreement transferring rights to an employer or contractor. Without such agreements, startups risk losing control of critical creative assets.
- Using company resources for personal projects is risky and can create disputes over ownership of resulting work.
- Restrictive covenants (non-compete, non-solicitation clauses) may be enforceable but are increasingly scrutinized by courts; broad or overly restrictive terms are more likely to face legal challenges.
- Employee device policies are crucial—allowing staff to use personal devices for work can increase the risk of unauthorized disclosure of confidential company information.
- Clear employee handbooks help set expectations and protect the company legally, especially around data security and IP ownership.
- Residual clauses in NDAs may permit the receiving party to retain and use certain confidential information, offering flexibility compared to stricter agreements but also introducing potential risks.
Stay tuned for Part 2 of this event in 2026!
This event is sponsored by Gearhart Law, a full service Intellectual Property firm specializing in Patent, Trademark and Copyright Law domestically and globally. We serve inventors, entrepreneurs, and established businesses. We can help you strategize and build your IP portfolio based on your business needs. Call us for a free consultation at 908-650-1629 or contact us through: https://gearhartlaw.com/