
May 20, 2025
Top 10 Legal Mistakes Small Businesses Make—And How to Avoid Them

May 20, 2025
Top 10 Legal Mistakes Small Businesses Make—And How to Avoid Them
Launching a small business in 2025? You’re in good company. But while many entrepreneurs focus on branding, sales, and product development, legal issues are often overlooked—until it's too late.
Avoiding just a few key mistakes can protect your business from costly lawsuits, IRS penalties, and lost opportunities. Here’s your ultimate legal checklist to launch smarter in 2025.
✅ 1. Not Forming a Legal Entity
Mistake: Operating as a sole proprietor without legal protection.
Fix: Form an LLC or corporation to protect your personal assets from business liabilities and creditors.
✅ 2. Skipping Operating Agreements or Bylaws
Mistake: Partners go in “handshake-only.”
Fix: Draft clear operating agreements or bylaws to outline ownership, decision-making, profit splits, and exits.
✅ 3. Ignoring Intellectual Property (IP)
Mistake: No trademark, no copyright, no protection.
Fix: Trademark your brand, logo, or product name. Register copyrights for original content and secure IP assignment from contractors.
✅ 4. Misclassifying Workers
Mistake: Treating employees like independent contractors.
Fix: Follow IRS and DOL guidelines to properly classify workers. Misclassification can trigger audits, back taxes, and lawsuits.
✅ 5. No Written Contracts with Clients or Vendors
Mistake: Verbal agreements or vague email chains.
Fix: Use written contracts with terms covering payment, deliverables, liability, and dispute resolution. Templates aren't one-size-fits-all—get them reviewed.
✅ 6. Overlooking Data Privacy Rules
Mistake: Collecting emails or user data with no privacy policy.
Fix: Comply with privacy laws (like CCPA or GDPR) with a clear, accessible Privacy Policy and Terms of Service—especially if you run a website or SaaS.
✅ 7. Forgetting Business Licenses & Permits
Mistake: Launching before checking state, local, or industry-specific licenses.
Fix: Research and apply for the required licenses in your state and industry to avoid fines or shutdowns.
✅ 8. Not Protecting Founders’ Equity
Mistake: Not issuing equity or vesting schedules from day one.
Fix: Document founder shares early. Use vesting schedules to avoid future disputes if someone leaves.
✅ 9. Missing Employment Law Requirements
Mistake: No offer letters, employee handbooks, or wage compliance.
Fix: Even one employee triggers labor law requirements. Follow federal and state guidelines on wages, breaks, and anti-discrimination.
✅ 10. Waiting Too Long to Hire Legal Help
Mistake: DIY-ing until there’s a problem.
Fix: Invest in legal counsel early. A small legal spend now can save you thousands in cleanup later.
📌 Launch Smart with Legal Confidence
At Shperun Law, we offer flat-fee packages and on-demand general counsel for:
Startups
Small business owners
Creators & freelancers
SaaS and e-commerce founders
📞 Book a free consultation to start your business the right way.