Lawyers specializing in startups are hard to comeby in Houston — but here's what you need to know

Guest column

You need a specialized lawyer for your startup — but that's easier said than done in Houston, according to this expert. Getty Images

One of the worst, and most expensive, mistakes that we see startup founders make in the very early days of their company is not realizing that hiring lawyers is a lot like hiring doctors: when the stakes are high, you need a highly experienced specialist.

Law has numerous specialties and sub-specialties, and hiring legal counsel with the wrong specialty can mean paying to reinvent the wheel, or simply getting advice that is out of sync with the norms of your industry and the expectations of your seasoned investors.

This challenge can be particularly acute for founders of startups located in Houston. The legal market in any particular city tends to mirror the dominant industries of that city. Houston has some of the world's most prominent energy and healthcare lawyers, for reasons that should be obvious to anyone who knows anything about Houston's economy.

Startup lawyers, or more formally —corporate/securities lawyers who are sub-specialized in "emerging companies" — are a different story entirely. Given the nascent status of Houston's startup ecosystem, finding local lawyers who work with emerging technology companies and early-stage funding day in and day out, and know all the norms and nuances, is a challenge.

Very often we see founders get referred to a local lawyer who is a broad generalist that dabbles lightly in many practice areas. Their lack of depth in startup or venture capital work usually leads to clients paying for things that a more specialized lawyer, with a deeper set of precedent forms and institutional knowledge, could simply pull off the shelf. In other cases, founders get referred to very expensive senior corporate lawyers from firms designed for billion-dollar public company representation; totally overkill (and overpriced) for an early-stage startup.

What the smartest Houston founders discover, if they do their homework, is that leveraging the broader "Texas ecosystem" can help not just with sourcing talent for their employee roster or finding venture capital, but with sourcing specialized legal talent as well. In the case of Startup Lawyers, Austin's venture capital and startup ecosystem has produced numerous highly specialized lawyers whose depth of startup/vc experience easily compares with lawyers found in Silicon Valley, but who also regularly interact with investors in the Houston market; and therefore know their expectations. In the case of our firm, Egan Nelson (E/N), a significant number of our clients are located in Houston, Dallas, San Antonio, and other markets in the general regional area.

Historically, businesspeople have assumed that if they really want top-tier, highly specialized counsel, they had to find that counsel at large, multi-national law firms. That is no longer the case. The broader Texas ecosystem has produced a thriving group of specialized, high-end "boutique" law firms that are recruiting top-tier lawyers away from the traditional mega-firms, and leveraging technology to deliver "leaner" legal counsel; saving hundreds of dollars per hour for entrepreneurs.

It is not uncommon for us to see Houston startups utilizing an emerging companies corporate lawyer in Austin, a regulatory specialist lawyer in Houston, and a tax lawyer in Dallas; all from different firms. This is the future for how emerging companies will source their legal talent, without the constraints of geography or old-fashioned "all in one" law firm structures.

This trend really isn't that new. VCs from Austin and other Texas cities (and the coasts) have regularly been visiting Houston to fund companies, and Houston companies have regularly leveraged contacts in other markets to source specialized resources for their companies. The same dynamics have extended to finding legal counsel. "Localism," and an over-preoccupation with hiring everyone in the same city, isn't really just last year, it's more like last century. There is nothing about legal services for startups that requires any of your lawyers to be within your same city. Videoconferencing works great.

The growth of the Texas ecosystem, and the emergence of specialized boutique law firms, mean that Houston entrepreneurs have far more options to choose from for sourcing specialized legal counsel. Leverage those options to avoid engaging lawyers who are insufficiently experienced, or overkill, for the needs of your company. For more resources on finding and assessing the right lawyers for your Houston startup, see Startup Lawyers, Explained.

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Jose Ancer is an Emerging Companies Partner at Egan Nelson LLP. He also writes for Silicon Hills Lawyer, an internationally recognized startup/vc law blog focused on entrepreneurs located outside of Silicon Valley, including Texas.

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MD Anderson launches $10M collaboration to advance personalized cancer treatment tech

fighting cancer

The University of Texas MD Anderson Cancer Center and Japan’s TOPPAN Holdings Inc. have announced a strategic collaboration to co-develop TOPPAN Holdings’ 3D cell culture, or organoid, technology known as invivoid.

The technology will be used as a tool for personalized cancer treatments and drug screening efforts, according to a release from MD Anderson. TOPPAN has committed $10 million over five years to advance the joint research activities.

“The strategic alliance with MD Anderson paves a promising path toward personalized cancer medicine," Hiroshi Asada, head of the Business Innovation Center at TOPPAN Holdings, said in a news release.

Invivoid is capable of establishing organoid models directly from patient biopsies or other tissues in a way that is faster and more efficient. Researchers may be able to test a variety of potential treatments in the laboratory to understand which approach may work best for the patient, if validated clinically.

“Organoids allow us to model the three-dimensional complexity of human cancers in the lab, thus allowing us to engineer a powerful translational engine—one that could not only predict how patients will respond to therapy before treatment begins but also could help to reimagine how we discover and validate next-generation therapies," Dr. Donna Hansel, division head of pathology and laboratory medicine at MD Anderson, added in the news release. “Through this collaboration, we hope to make meaningful progress in modeling cancer biology for therapeutic innovation.”

The collaboration will build upon preclinical research previously conducted by MD Anderson and TOPPAN. The organizations will work collaboratively to obtain College of American Pathologists (CAP) and Clinical Laboratory Improvement Amendments (CLIA) certifications for the technology, which demonstrate a commitment to high-quality patient care. Once the certifications are obtained, they plan to conduct observational clinical studies and then prospective clinical studies.

“We believe our proprietary invivoid 3D cell culture technology, by enabling the rapid establishment of organoid models directly from patient biopsies, has strong potential to help identify more effective treatment options and reduce the likelihood of unnecessary therapies,” Asada added in the release. “Through collaboration on CAP/CLIA certification and clinical validation, we aim to bring this innovation closer to real-world patient care and contribute meaningfully to the advancement of cancer medicine."

NASA taps Houston-area company to explore low-cost spacecraft delivery

Webster-based Arrow Science and Technology is one of six companies picked by NASA to study low-cost ways to launch and deliver spacecraft for difficult-to-reach orbits.

In all, nine studies will be performed under a roughly $1.4 million award from NASA. Another Texas company, Cedar Park-based Firefly Aerospace, is also among the six companies working on the studies.

“With the increasing maturity of commercial space delivery capabilities, we’re asking companies to demonstrate how they can meet NASA’s need for multispacecraft and multiorbit delivery to difficult-to-reach orbits beyond current launch service offerings,” Joe Dant, a leader of the Launch Services Program at NASA’s Kennedy Space Center in Florida, said in a news release. “This will increase unique science capability and lower the agency’s overall mission costs.”

Arrow is teaming up with Rockville, Maryland-based Quantum Space for its study. Quantum’s Ranger orbital transfer vehicle provides payload delivery services for spacecraft heading to low-Earth and lunar orbits.

Arrow, a Native American-owned small business, offers technical support and hardware manufacturing services for the space and defense industries.

James Baker, founder and president of Arrow, said in a news release that the combination of his company’s deployment systems with Quantum’s Ranger vehicle “allows our customers the ability to focus on the development of their payload[s] while we take care of getting them where they need to be.”

“This is an exciting opportunity to demonstrate the unique capabilities of our highly maneuverable Ranger spacecraft, which will expand NASA’s options for reaching dynamic and challenging … orbits,” Kerry Wisnosky, CEO of Quantum Space, added in the release.

The nine studies are scheduled to be completed by mid-September.

NASA said it will use the studies’ findings “to inform mission design, planning, and commercial launch acquisition strategies for risk-tolerant payloads, with a possibility of expanding delivery services to larger-sized payloads and to less risk-tolerant missions in the future.”

ExxonMobil may pause plans for $7 billion Baytown hydrogen plant

Change of Plans

Spring-based ExxonMobil, the country’s largest oil and gas company, might delay or cancel what would be the world’s largest low-carbon hydrogen plant due to a significant change in federal law. The project carries a $7 billion price tag.

The Biden-era Inflation Reduction Act created a new 10-year incentive, the 45V tax credit, for production of clean hydrogen. But under President Trump’s "One Big Beautiful Bill Act," the window for starting construction of low-carbon hydrogen projects that qualify for the tax credit has narrowed. The Inflation Reduction Act mandated that construction start by 2033. But the Big Beautiful Bill switched the construction start time to early 2028.

“While our project can meet this timeline, we’re concerned about the development of a broader market, which is critical to transition from government incentives,” ExxonMobil Chairman and CEO Darren Woods said during the company’s recent second-quarter earnings call.

Woods said ExxonMobil is working to determine whether a combination of the 45Q tax credit for carbon capture projects and the revised 45V tax credit will help pave the way for a “broader” low-carbon hydrogen market.

“If we can’t see an eventual path to a market-driven business, we won’t move forward with the [Baytown] project,” Woods said.

“We knew that helping to establish a brand-new product and a brand-new market initially driven by government policy would not be easy or advance in a straight line,” he added.

Woods said ExxonMobil is trying to nail down sales contracts connected to the project, including exports of ammonia to Asia and Europe and sales of hydrogen in the U.S.

ExxonMobil announced in 2022 that it would build the low-carbon hydrogen plant at its refining and petrochemical complex in Baytown. The company has said the plant is slated to go online in 2027 and 2028.

As it stands now, ExxonMobil wants the Baytown plant to produce up to 1 billion cubic feet of hydrogen per day made from natural gas, and capture and store more than 98 percent of the associated carbon dioxide. The company has said the project could store as much as 10 million metric tons of CO2 per year.

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This article originally appeared on EnergyCapitalHTX.com.

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