A Successful TechPoint Summit for 2011

Wednesday, January 11, 2012 by Bree Meadows
This year's TechPoint Summit was filled with inspiring stories, new ways to innovate and many developers reaching out with their product and to others products as well. One positive side that has arisen in response to the down turn of our economy is the strong urge for new development and innovation within the world of Technology. The drive and excitement needed to fuel this was filling the air during The TechPoint Summit and events leading up to it! When speaking to innovators, developers and...Read More »

Beware Of The Idea Guy

Friday, October 21, 2011 by David Castor
When considering entering into a partnership or making a private investment in an early stage company, beware of the “idea guy”.  This is a title sometimes used by entrepreneurial minded individuals who don’t contribute to the growth of the company through development, sales or management but develop concepts (ideas) for products or services for some market opportunity.

From my experience, idea guys often have little ability to manage cash flow or people.  Without the proper partners in...Read More »

Developing Your Capital Strategy – Part 3

Wednesday, October 19, 2011 by David Castor
As stated in Part 2 of this series, a business’ capital strategy is both directed by the market strategy and leadership team required to carry out the strategy as well as directing to the market strategy and team.  A solid capital strategy is based on understanding where you are and where you need to go.

The first step in developing a capital strategy is to know your revenue projections.  If you had the money and team you need, what can you sell and when?  In developing a market strategy the...Read More »

Developing Your Capital Strategy – Part 2

Monday, October 17, 2011 by David Castor
In the matrix of developing a good business model a business will have:
  1. A well developed market strategy;
  2. The correct leadership team to carry out the market strategy; and
  3. A capital strategy capable of funding the market strategy and team through growth.
 Each feeds the other:

Entreprenurial Law - Business Model

Most entrepreneurs are good at spotting a market opportunity but are weak in developing the opportunity into a market strategy, leadership (developing the correct team) and capital strategy, yet each is pivotal in business...Read More »

Developing Your Capital Strategy – Part 1

Thursday, October 13, 2011 by David Castor
Over the last three weeks I have visited the west coast twice and Toronto once to help clients work through funding rounds and strategic acquisitions.  I also visited with two angel investment groups which I work with.  The primary purpose of each trip was to help clients develop and realize their capital strategy for growth.  While most of these entrepreneur clients are in technology fields, others include a tax planning firm and a Bollywood project out of Toronto.

It does not matter what world...Read More »

Learning To Pitch BEFORE You Start Raising Capital

Wednesday, September 14, 2011 by David Castor
The following is a guest post by a fellow Gravity Ventures member and friend, Dr. Tony Ratliff:

Learning to Pitch Before You Start Raising Capital
By Dr. Tony Ratliff

It only took about six months of deal flow and a handful of “pitches” before I realized that most entrepreneurs are really, really bad at “selling themselves” and “pitching” their ideas and companies to investors.

I cringe every time I listen to a great start-up idea or read a well-written business plan, and then watch in horror as...Read More »

Indianapolis: The Midwest Silicon Valley (or is it Silicorn Valley)

Wednesday, August 10, 2011 by Chris Stephen
I don't often re-post articles in full glory, but I couldn't resist with this one.  This is a great article from the OMMA (a magazine of online media, marketing & advertising).  There are some great quotes from quite a few movers and shakers in the Indiana technology area.  As a technology legal counsel located in Indianapolis, it warms my heart to see this kind of great press for the area.  Personally, I think all technology firms should move or open offices here.   

Big hat-tip to Jay Baer for...Read More »

Determining Your Pre-Revenue / Pre-Money Valuation

Thursday, May 26, 2011 by David Castor
Determining a valuation for a pre-revenue company is a difficult process.  A Harvard VC formula does not make sense at this stage as available P/E ratios essentially compare apples to oranges, cash flow projections are too untrustworthy to use a DCF method, and there is no such thing as a true market comp.  Investors must rely on qualitative factors in connection to valuation formulas to determine how much they think the thing is worth.  Some qualitative factors include:

•    Is the...
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Seventh Circuit decides SaaS litigation case

Tuesday, May 24, 2011 by Chris Stephen

There is a new Seventh Circuit Court of Appeals opinion that is likely to have a significant impact on SaaS providers.  In Digitech Computers, Inc. v. Trans-Care, Inc. (link here), the 7th Circuit focuses on a SaaS agreement for Digitech to provide certain management software licensing components for Trans-Care (an ambulance and medical transportation service).  The Court ultimately upheld a breach of contract claim in favor of Digitech, significantly reduced Digitech’s damages award, and...

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How To Pitch Complex Technologies To Angels

Tuesday, May 24, 2011 by David Castor
Angel investment groups tend to quickly dismiss investor presentations that cover complicated products and markets.  They tend to lean towards investment opportunities which they easily understand the market – often even if it as a worse valuation or lower expected return than other more complex products or markets. 

This is a problem for those more complex technology companies.  If this is your company, don’t fret.  They key of any angel investor group presentation is NOT to get them to commit...Read More »

The Evangelist Is Dead

Wednesday, May 18, 2011 by David Castor
A tech entrepreneur friend recently told me that the concept of an “evangelist” in tech companies is all but dead.  Honestly I don’t know if it was ever as alive as people thought, but I liked where he was going with this.  I’ve talked to a number of aspiring entrepreneurs who view their role in their development stage company as that of an evangelist.  Practically what this often means is that the person has a entrepreneurial idea but no ability to either develop it, sell it or run the...Read More »

Susan G. Komen Race for the Cure 2011 - Attorneys for Tatas

Wednesday, April 20, 2011 by Meg Shireman
The Alerding Castor Hewitt faithful braved the chill and the rain of Saturday, April 16th to participate in the 2011 Susan  G. Komen Race for the Cure.   We're proud to announce that the team surpassed its goal of raising $1000 to assist the Komen Foundation's mission to end breast cancer forever and had a fantastic time walking in downtown Indianapolis.

We'd like to send a big 'Thanks!' to those who donated to the team's efforts and share a special 'Way to go!' with the team members, along with...Read More »

Funding Law - Don’t Post Your Private Offering On The Internet – PLEASE!

Tuesday, April 19, 2011 by David Castor
All securities offerings fall into one of three classes:

1.    Registered,
2.    Exempt, or
3.    Illegal.


Private offerings of securities are just that – “private”.  The key for any private offering is that the offerer may only solicit investors through private methods.  There are all sorts of rules around what constitutes private solicitations and to whom the solicitations can be made, but in general "private" means that which is not public.  If a business attempting a private offering makes a...Read More »

You knew it would happen. Government wants its share of the Net

Tuesday, April 12, 2011 by Chris Stephen
Dollar SignVery interesting article from CNet regarding the proposal to be made by Senator Dick Durbin (D-Ill).  The article can be found here.   Basic point of the article is that Senator Durbin wants to add sales taxes to on-line sellers like Amazon and iTunes (although I would note that I think iTunes already has a tax component) for all purchases.  The idea being that brick and mortar stores in a given state shouldn't have to foot the bill for these new-fangled on-line superstores.  They should have to...Read More »

Funding Law - How Much Money Does Your New Business Need?

Wednesday, March 2, 2011 by David Castor
Last night I lectured on this topic to my entrepreneurial capstone class at Purdue.  It is possibly the most basic question for any startup looking to raise capital, but it is often not approached correctly.  In my experience most entrepreneurs take a wild guess at their number.

The correct approach is to look at your cash flow projections and determine it from there.  For a new startup the goal is to get to breakeven and beyond.  For later stage companies the projections may address strategic...Read More »

What Is In A Title?

Monday, February 28, 2011 by David Castor
Agreement titles are funny things.  In their best use they quickly describe the general subject matter of the contract.  For most situations a simple title is helpful.  E.g., "Services Agreement" helps differentiate between a contract for services and one for goods.  That is helpful.  Many contract titles are more descriptive (e.g., "License Agreement", "SaaS Agreement" or "Software Service Level Agreement" to describe the technology nature of the agreement). 

Where a client is using form...Read More »

Changes To Accredited Investor Standards

Thursday, February 24, 2011 by David Castor

I've had several conversations with concerned entrepreneurs over the last year about changes in the accredited investor standards under the Dodd-Frank Act.  In January the SEC proposed amendments based on Dodd-Frank to the accredited investor standard which subtracts the net equity value of an investor’s primary residence from that investor’s net worth determination.

Example: Currently if an investor has $800k net equity before equity in primary residence and $300k in net equity in the...

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What is Your Magic Number?

Monday, February 21, 2011 by David Castor
In the words of Schoolhouse Rock, “three” is the magic number.  That is not what I am talking about.  Every business model has some number milestone that must be met to ensure a basic level of success for the business.  This can be number of customers, revenue, user seats, market share, marketers’ requirements, sales reps, break even... 

Good market research can predict this number.  Unfortunately, most business plans either ignore the number or use wild a** guesses (WAGs) to predict the number....Read More »

Entreprenuers Must Understand Cash Flows

Thursday, February 17, 2011 by David Castor
I have said it a million times since learning the lesson myself in a failed entrepreneurial effort a couple of years ago, the CEO of any entrepreneurial venture must understand the importance of managing cash flows and how to use cash flow analysis for the strategic growth of the company.

Trust me, I am all into the Six Sigma approach of throwing a couple of innovators together, rolling out a v1 product as quickly as possible, and slowly scaling the company from hobby phase to a successful...Read More »

New York guarantees lawyers to foreclosure debtors

Wednesday, February 16, 2011 by Chris Stephen
 The first caveat is that I'm sorry I haven't posted anything recently.  Work here at Alerding Castor Hewitt has been going like gangbusters and yours truly has been up to his distinguished eyeballs in work.  Trust me, however, I'm now dutifully committing myself to continue providing insight and humor as your Indiana Internet Litigation guru. 

Second caveat is that this post actually has nothing to do with privacy litigation, software litigation or really any other technology law issues. ...Read More »