I met Assaf at one of his lectures at university. He is a very sharp and talented attorney with a lot of experience in drafting commercial agreements - complicated and simple alike – and even trains younger lawyers in the field of startups and high-tech on how to draft contracts in a professional and methodical way. I highly recommend Assaf’s services.
Assaf's unique qualities were apparent from the first call, as was his professionalism and experience in High-Tech (and specifically in software development agreements). In addition to drafting contracts, Assaf gave us ongoing counsel and advice in regards to the way we work with our clients. During the entire time, Assaf was kind, communicative, fast (on delivery) and paid attention to even the smallest of details.
I would like to thank and recommend Assaf. Assaf was always very professional, thorough and available when urgent things popped up. Assaf’s service exceeded all my expectations, including the various documents that he drafted for us (including a partner’s agreement, service agreements with our clients, licensing agreement, company registration and ongoing daily legal and business counsel).
Thanks to your guidance, our dream of creating a startup has come true. We registered a company, protected our rights through the various documents that you drafted, and created an efficient method to working with clients. Already from the first meeting we knew that we were in good hands, and as time went by, you proved us right. Thanks for the hard work, professionalism, and dedication. We appreciate it!
Words can’t express how much your guidance has helped us – thank you very much! Thank you for your professionalism, caring and availability. You helped us by giving us the feeling that there is someone to trust. You saved us financially, and helped us deal with difficulties and challenges. Most of all, you have helped us fulfill our dream and for this we will be forever grateful.
Assaf studied my project in detail, and drafted numerous documents for me – thereby helping me protect my rights in the venture. As a starting out entrepreneur, who usually deals with engineering and design, I learned the value and necessity of legal counsel. Thanks Assaf for your patience, hard work and support in assisting me with a complex and unexpected legal situation. Your help is not taken for granted!
I would recommend Att. Assaf Ben-David without a doubt. The work with him was very professional and exceeded all my expectations. The legal contracts were of the highest quality, and the day-to-day work with Assaf was flawless. He was always available and helped me with any struggles that I ran into while building my start-up. Assaf gave me valuable advice that was very useful along the complicated path of building a startup.
The true value of a lawyer is in his / her ability to first understand the business aspects and the client’s goals, and then adapt the legal concepts to achieve those goals. That is precisely what we do! After understanding your business needs, we provide the best business and legal solutions. This includes partnership agreements, purchase agreements, due diligence, international business negotiations, joint ventures, dispute resolution, contract drafting etc.Read More
Due to the increase in database breaches, governments are tightening their grip, and increasing fines, on companies who fail to abide by the regulatory requirements. It is therefore imperative that companies comply with these requirements to avoid fines, jail time, business disruptions and negative publicity. We provide comprehensive database services, including registration, review, change of purpose or use of information, data protection and privacy requirements.Read More
The true value of a lawyer is the additional value that he/she can provide from a business perspective. We have vast businesses experience and are more than happy to share it with you. We truly believe that your success is our success, and are always happy to use our connections to help you advance your business.Read More
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Years of Experience
It is important that you avoid a 50%-50% split as this is a common cause for confrontation and stagnation in making decisions and moving the business forward. Rather make it so one founder has more shares, and accordingly, more voting rights. If you’ve already agreed on a 50%-50% split, then at least make sure you have a good arbitration/mediation clause and a designated third party who acts as a ‘tie breaker’ in the event of deadlocks. The third party can be your lawyer, accountant, or anyone else that you trust.
Yes! One of the most common documents that I’ve drafted (for clients who either didn’t have legal representation before me, or had inefficient counsel) is a ‘separation agreement’ between founders / partners.
According to research done by CBInsights, the top 3 reasons that startups failure are: no market need, ran out of cash, and not the right team.
There is a reason “not the right team” is #3, and this is a strong indication as to why it is important to have a founder’s agreement (yes, even if it’s your best friend from kindergarten, your father or your spouse).
If you don’t have money to pay a lawyer to draft one, then either use something from the internet*, or draft your own – but make sure that you cover the below points (*Clarification: I am not encouraging the use of legal documents from the internet, because each document should be tailored to your specific needs. Nevertheless, if you don’t have any agreement, and don’t have money to pay for one, this is the lesser evil for now). Subject that you must cover:
Short answer: yes! Such an agreement is often called a “Service Agreement”, “Development Agreement” or “software development agreement” and you should definitely have one.
Long answer: I can’t tell you how many clients have come to me after having a conflict with the company or person who is developing their website or mobile application. If you don’t have an agreement, there is high chance that eventually a conflict or misunderstanding will arise. In the best case, the project will be delivered late and at an extra cost. In the worst case, all their time and money goes down the drain because the programmer does not want to complete the project and just stops in the middle, or delivers an inferior product.
Any programmer that doesn’t offer you an agreement (or sign one that you offer them), isn’t as professional as they want you to think they are and there is a high chance that you will have a conflict somewhere along the way. Additionally, considering that developing a mobile app or a website can cost anywhere between $2,000 – $100,000*, it is well worth it to have a lawyer draft such an agreement [*if you are creating a small/simple website which costs less than the above, you could risk drafting your own agreement – just be sure to cover the below points].
The service agreement should include (at minimum) the following issues*:
* The agreement usually includes many more issues and can be anywhere between 5-9 pages, not including attachments.
Although the above issues may not sound like they require a lawyer to draft them, the importance is in the details, and these can only be recognized from experience – so preferably a lawyer who has done such projects himself (we happen to know one 🙂 ).
Not necessarily. The answer depends on the legal jurisdiction (the laws) that apply in your country (or the place in which the transaction took place), and the specific facts (for example: what was agreed between you and the developer, and how was it agreed – verbally? In writing?).
The copyright laws of many western countries usually state, that the default status is that the person who creates the ‘work’ (in this case your website), is the owner of that creation (assuming he didn’t copy it from someone else). Therefore, in the above example, the programmer will be the owner of the rights in the website.
That said, there are a few exceptions:
There are other exceptions and exclusions, which is why it is so important to understand all the facts and the specific situation and consult with an attorney. Most consultations of this sort shouldn’t be too costly.
It depends on the local laws, and also on the what your employment contract states. Some laws state that any ‘creation’ (for example you mobile app), created during and for, your employer, will be owned by your employer – unless agreed otherwise. Additionally, and even if such laws don’t apply, many employment contracts, and especially those in high-tech companies, might not permit you to work on other projects whilst being employed by them, and/or state (in your employment contract) that such work is an infringement of your employment agreement. Additionally, even if your employment contract doesn’t prevent you from working on other personal projects, it may state that the ownership rights to whatever you create, will be theirs (your current employer) – which is obviously something you want to avoid (which you can). There are some fairly easy ways to avoid this. Feel free to contact us for consult.