Borderless Counsel

Planning to invest in a business in the United States?

For certain foreign nationals, the E-2 Treaty Investor visa may provide a pathway to enter the United States to develop and direct a qualifying business.

The process involves more than simply making an investment. Factors such as the investor's nationality, the nature and amount of the investment, the source of funds, and the structure of the business can all be relevant.

Understanding the requirements before committing significant resources can help investors plan more effectively.

Considering an E-2 visa? Contact Borderless Counsel at [email protected] to discuss your U.S. immigration options.

THE DEAL MIGHT FALL THROUGH. YOUR CONFIDENTIAL INFORMATION SHOULDN’T. 🔐

Before a deal is signed, businesses often have to share some of their most valuable information.

Financials.
Customer data.
Business plans.
Pricing.
Technology.
Product ideas.

But what happens if the investor says no?
The acquisition doesn't close?
The partnership never happens?

That’s where a Non-Disclosure Agreement (NDA) can matter.

An NDA can set clear rules around:

🔹 What information is confidential
🔹 How it can be used
🔹 Who can access it
🔹 How long confidentiality applies
🔹 What happens to the information if negotiations end

Whether you're discussing an investment, acquisition, partnership, licensing deal, or joint venture, confidentiality should be addressed before sensitive information is shared.

📖 Read our latest article:
www.borderlesscounsel.com/blog-news-and-updates/2026/9/7/how-non-disclosure-agreements-protect-businesses-before-a-deal-is-signed

How Non-Disclosure Agreements Protect Businesses Before a Deal Is Signed — Borderless Counsel ® Businesses often share sensitive information before a formal business relationship begins. A company may discuss a potential investment, partnership, acquisition, licensing arrangement, joint venture, or commercial relationship before the parties know whether a deal will actually move forward. Thes

Starting a business with co-founders often begins with trust, shared goals, and a handshake agreement.

But as the startup grows, questions about ownership, responsibilities, decision-making, intellectual property, founder departures, and future investment can become much more complicated.

A well-structured Founders’ Agreement can help put those expectations in writing from the beginning.

Our latest article breaks down the key issues startups should consider when creating a Founders’ Agreement — and why addressing them early can help prevent uncertainty and disputes later.

Read the full article: https://www.borderlesscounsel.com/blog-news-and-updates/2026/8/23/what-every-startup-should-include-in-a-founders-agreement

What Every Startup Should Include in a Founders' Agreement — Borderless Counsel ® Starting a business with one or more co-founders often begins with a shared idea and an informal understanding of how everyone will contribute. As the business develops, however, expectations about ownership, responsibilities, decision-making, and the future of the company can become more complicate

Your creative work is a business asset. Protect it.

From website content and marketing materials to photographs, videos, software, and original designs, businesses create valuable intellectual property every day.

Copyright protection can help establish and protect rights in original creative works. It is also important to understand who owns the copyright—particularly when work is created by freelancers, contractors, or outside agencies.

Clear contracts and proper documentation can help reduce uncertainty and strengthen your business’s intellectual property position.

Have questions about protecting your creative work?
Contact Borderless Counsel at [email protected] to discuss your intellectual property needs.

Paid for the work — but do you actually own the intellectual property?

Businesses often hire freelancers and independent contractors to create software, logos, marketing materials, photography, written content, and other valuable work.

But payment alone does not necessarily mean the business automatically owns the intellectual property created during the engagement. Ownership can depend on the type of IP involved, applicable law, and the terms agreed between the parties.

Our latest article explains why businesses should think about IP ownership before the work begins, including:

• Intellectual property assignments
• Confidentiality and NDAs
• Written contractor agreements
• Cross-border IP considerations
• What businesses should address before engaging a freelancer

📖 Read the full article: https://www.borderlesscounsel.com/blog-news-and-updates/freelancers-and-ip

Intellectual Property Ownership When Hiring Freelancers and Independent Contractors — Borderless Counsel ® Hiring freelancers and contractors can be an effective and efficient way to get access to the best talent. However, without the right IP contracts, you may not get what you pay for if you don’t have clear ownership rights to the final product and intellectual property created.

Expanding your business into the United States can create exciting opportunities, but it also comes with important legal considerations.

Before entering a new market, businesses should consider factors such as selecting the appropriate business structure, protecting intellectual property, preparing commercial agreements, and understanding applicable legal and regulatory requirements.

Planning ahead can help businesses establish a stronger foundation for long-term growth while reducing potential legal risks.

Learn more about how Borderless Counsel helps businesses navigate cross-border legal matters by visiting https://www.borderlesscounsel.com/.

Not every business discussion leads to a signed agreement. Even so, valuable ideas, business strategies, product concepts, and confidential information are often shared long before a deal is finalized.

Whether you're speaking with a potential investor, business partner, contractor, or collaborator, it is important to consider how your intellectual property and confidential information will be protected during the early stages of the relationship.

A Non-Disclosure Agreement (NDA) can help establish confidentiality from the outset, while carefully drafted legal documents can set clear expectations, protect sensitive information, and reduce the risk of disputes if negotiations do not move forward.

If you're preparing to share valuable business information, taking legal precautions early can make a meaningful difference.

To discuss Non-Disclosure Agreements, intellectual property protection, or other legal safeguards for your business, contact Borderless Counsel at [email protected].

Hiring contractors across the United States and Canada can help your business grow. Classifying workers correctly is just as important as finding the right talent.

Many businesses assume that calling someone an independent contractor is enough. In reality, both countries assess the actual working relationship, not just the title in the agreement. Factors such as control, exclusivity, and long-term integration into your business may increase the risk of worker misclassification.

Misclassification can lead to tax liabilities, employment claims, penalties, and costly disputes, especially when your workforce spans multiple jurisdictions.

Our latest blog explains:
✔️How contractor classification is evaluated in the United States and Canada
✔️Common mistakes businesses make when hiring across borders
✔️Practical steps to reduce misclassification risk as your team grows

If your business is building a cross-border workforce, understanding these rules can help you make informed decisions before compliance issues arise.

Read the full article:
www.borderlesscounsel.com/blog-news-and-updates/2026/6/30/cross-border-contractor-misclassification-risks-when-hiring-between-the-united-states-and-canada

Cross Border Contractor Misclassification Risks When Hiring Between the United States and Canada — Borderless Counsel ® Cross-border hiring presents valuable opportunities for businesses in both the United States and Canada. At the same time, worker classification is an area where legal requirements can differ depending on the jurisdiction and the specific facts of each working relationship. Because classification d

A viral moment can put your brand in the spotlight—but lasting success depends on protecting what you've built.

As your business grows, your brand becomes one of your most valuable assets. Securing trademark protection can help safeguard your business identity, strengthen your market presence, and reduce the risk of others using confusingly similar marks.

Whether you're launching a new brand, growing an online business, or expanding into new markets, Borderless Counsel provides strategic legal guidance to help protect your intellectual property.

Build your brand with confidence. Protect it with strategy.

www.borderlesscounsel.com