Jennifer Newton

Over a span of fifteen years, Jennifer Newton has served as a trusted advisor to clients and businesses of all types, ranging from burgeoning startups to established multinational corporations. Her expertise in navigating the complex regulatory landscapes of various industries has made her an invaluable asset to those seeking to enhance their legal, compliance, governance, and risk management strategies. Jennifer's ability to tailor her advice to the unique needs of each business, coupled with her deep understanding of both domestic and international regulatory environments, underscores her role as a pivotal figure in the field of regulatory compliance and risk management.

But Jennifer's vision extends beyond her impressive resume. She founded StartSmart Counsel to ensure that startups and small-to-medium sized businesses (SMBs), crucial to creating economic inclusion and community stability, are not locked out of receiving sound and high-quality representation due to skyrocketing legal fees. She believes that when these businesses thrive, our community thrives. Under Jennifer's leadership, StartSmart Counsel has become more than a legal firm. It is a beacon of empowerment for startups and SMBs and a champion for economic diversity.

Renowned in her field, Jennifer has been highlighted in premier publications such as Compliance Week, Law360, Daily Business Review, American Banker, the Wall Street Journal, Bankrate, and JDSupra and she regularly speaks at prominent industry conferences. Her distinguished career has earned her accolades, including being christened one of South Florida's Most Powerful and Influential Black Leaders by Legacy Magazine and consistently featuring in the National Black Lawyers’ “Top 40 under 40” in Banking. Beyond her professional undertakings, Jennifer shares her knowledge as an adjunct professor at Fordham University School of Law and plays integral roles on the boards of the Ten North Group & the Community Justice Project

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Florida

The Florida Bar

ID Number: 0064027

Since 2009

Florida State University

B.S. | Sociology and Social Science

Loyola University New Orleans College of Law

J.D. | Law

The Florida Bar  # 0064027

Member

2009 - Current

Q. My business partner is involved in all decision making, but won't own shares. What business contract is appropriate? LP?

January 14, 2025

A: While a Limited Partnership (LP) could be one option, other legal structures or customized contracts, such as a profit-sharing agreement, independent contractor agreement, or hybrid partnership agreement, may better suit your needs. The final decision will depend on several factors, including your business goals, risk tolerance, and compliance with international laws.

Q. Solar investors and owners of land and middle man.

September 9, 2024

A: To protect your interests, you may want to consider drafting an Intermediary or Finder’s Fee Agreement. This type of agreement would outline your role in facilitating the deal and include terms that ensure you are compensated.

Q. Amazon/eBay reselling Are people restricted to only reselling non branded products?

September 9, 2024

A: Starting an e-commerce business reselling products from Alibaba is a great venture, and understanding the legal landscape for reselling branded versus non-branded products is crucial for your success.

Here are some important points to consider:

Non-Branded Products: If you're buying and reselling non-branded products, you generally don't need any special permissions or licenses, as long as the products are not infringing on trademarks or patents (e.g., counterfeit or "knockoff" products). However, it’s wise to ensure that all products are compliant with U.S. import laws and safety standards.

Reselling Branded Products: If you wish to resell branded products (those with a registered trademark, such as electronics, clothing, or beauty products), it’s important to understand:

Authorized Reseller Agreements: Many brands require resellers to obtain permission or enter into authorized reseller agreements. Without this, you may face issues with the brand or marketplace platforms like Amazon or eBay, which often require proof that you're an authorized reseller.

First Sale Doctrine: Under U.S. law, the "first sale doctrine" allows you to resell legally purchased branded products without needing a license, as long as the products are authentic and have been lawfully acquired. However, this doesn't protect against restrictions some brands may impose.

Warranties and Product Authenticity: Selling branded products without being an authorized dealer may cause issues with product warranties, and customers might raise concerns about authenticity.

Licensing & Intellectual Property Concerns: Even for branded products, selling counterfeit or infringing items, knowingly or unknowingly, can result in legal action, including trademark infringement claims. Always verify that the branded products are genuine and not restricted by the manufacturer.

In general, it may be safer to focus on non-branded products or obtain the necessary permissions if you wish to sell branded items. ... Read More