
Legal Due Diligence: Protecting Returns in Alternative Investing
Legal due diligence isn’t just paperwork — it’s profit protection. In this episode, attorney Javier Aranda of FBFK Law joins hosts Sarah Florer and Roland Wiederaenders to explain how early legal strategy can prevent costly mistakes, protect investor capital, and strengthen deal structures. From NDAs to IP rights and procurement contracts, Javier shares how to think like a business-minded lawyer — so every investor can make smarter, safer decisions in the alternative investing world.
About Our Guest: Javier Aranda, Technology and IP Transactions Attorney at FBFK Law
An experienced transactional and technology attorney, Javier Aranda’s practice centers on deep knowledge and immersion in the technology industry, handling software and technology licensing agreements, intellectual property, data privacy, and other transactional matters. He’s served in senior corporate counsel positions for several major tech companies, and as a transactional attorney for video gaming companies, financial institutions, and a restaurant corporate headquarters – from USAA and Frost Bank to Whataburger.
Javier is particularly adept at negotiating complex commercial transactions, including SaaS, Software Licensing, Intellectual Property, Game Development, Marketing, Ad-Tech, e-Commerce, Non-Disclosure Agreements, Consulting Services, IT Services, and Privacy Matters.
Connect with Javier Aranda on LinkedIn: https://www.linkedin.com/in/javier-aranda-aa6a3973/
Top Takeaways
Notable Quotes
Chapters with Timestamps
00:00 – Welcome & Guest Introduction: Sarah and Roland introduce attorney Javier Aranda, highlighting his background at EA, Zynga, and FBFK Law.
01:20 – From In-House to Outside Counsel: Javier shares his transition from corporate counsel to serving as a fractional general counsel for tech-driven companies.
04:30 – The Hidden Risks in Procurement: How everyday contracts, renewals, and vendor terms can quietly erode margins and investor returns.
07:00 – The Business Partner Mindset: Why great attorneys think like operators — collaborating early to protect both growth and compliance.
11:30 – Hub-and-Spoke Legal Strategy: Coordinating contracts across departments to uncover leverage, reduce redundancy, and save money.
13:40 – Real-World Legal Traps: The overlooked clauses that can kill a deal — from hidden T&Cs to unenforceable indemnities.
22:00 – NDAs & Confidentiality Essentials: When and how to use non-disclosure agreements to safeguard intellectual property and deal flow.
27:30 – IP Ownership & Assignability: Protecting proprietary technology and ensuring contracts support fundraising and exits.
32:00 – Legal Due Diligence for Investors: Why proactive document management and clear contract terms directly impact valuation and liquidity.
37:20 – Personal Mission & Mindset: Javier’s personal mottos — “Focus, Achieve, Success” and “Get over yourself” — and how humility drives leadership and discipline.
39:20 – Closing Thoughts: Hosts reflect on how legal due diligence shapes stronger, smarter alternative investing decisions.
Credits
Sponsored by Real Advisers Capital, Austin, Texas
If you are interested in being a guest, please email us.
Podcast Production by Red Sun Creative, Austin, Texas: https://redsuncreative.studio/
Disclaimers
“This production is for educational purposes only and is not intended as investment or legal advice.”
“The hosts of this podcast practice law with the law firm, Ferguson Braswell Fraser Kubasta PC; however, the views expressed on this podcast are solely those of the hosts and their guests, and not those of Ferguson Braswell Fraser Kubasta PC.”
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