Business Law - Being A Deal Maker

Tuesday, August 10, 2010 by David Castor
One of my favorite aspects of building a business law / private equity firm is seeing clients set and reach business goals.  Many clients face complicated issues that need careful legal analysis and creative planning.  Unfortuantely, most attorneys focus on the problems with the complicated deals and have trouble finding creative ways to navigate the legal minefield.  Alerding Castor Hewitt takes a unique approach on business law in that we consider ourselves "deal makers" rather than what...Read More »

What it Takes to be a Leader

Friday, August 6, 2010 by Janet Monroe
information technology law firmThis morning I attended the Techpoint event: What it Takes to Lead a Successful Entrepreneurial Venture Today and was reminded of some fundamental leadership qualities that I see in many of the successful business owners we work with as a business, entrepreneurial and information technology law firm.

Speaking today were Daniel DeHayes, a Professor Emeritus of Business Administration with the Indiana University Kelley School of Business and Delphia Croft, the Managing Principal of...Read More »

Entreprenurial Law - How Much Should Go To Salaries?

Thursday, August 5, 2010 by David Castor
I read many business plans for early stage companies - most of whom are seeking some sort of seed or early round capital funding from private equity investors.  One of the largest discrepancies I see in plans is in the expense models regarding allocation of salaries. 

Post-revenue, most businesses will find salaries (including benefits) falling somewhere between 30% and 55% of their net revenue.  But what about pre-revenue companies that are looking to use early capital to launch?  I read a...Read More »

Business Law - What Happened to Business Ethics?

Monday, August 2, 2010 by David Castor
The post below is fantastic.  It is by Michael P. Alerding, CPA (my business partner's father) at his accounting firm's new blog site.  He gave me permission to re-post it here (thank you Alerding & Co.).  Check it out:  Alerding & Co. Blog


What Happened to Business Ethics?
By: Michael P. Alerding, CPA

Every time I get a contract to sign, I find it almost impossible to spend the time reading the fine print and trying to understand all of the future implications of the agreement.  As my son,...
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Business Law - Why Is Profit A Negative Thing?

Friday, July 30, 2010 by David Castor
One of my favorite movie scenes is from The Jerk.  Navin Johnson is working at a carnival guessing peoples weight.  He is talking to Frosty, his boss:

Navin R. Johnson: [bleakly] I've already given away eight pencils, two hoola dolls, and an ashtray, and I've only taken in fifteen dollars.

Frosty: Navin, you have taken in fifteen dollars and given away fifty cents worth of crap, which gives us a net profit of fourteen dollars and fifty cents.

Navin R. Johnson: Ah... It's a profit deal. Takes the...
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ALERDING CASTOR HEWITT, LLP CLIENT NAMED 10TH FASTEST GROWING PRIVATE COMPANY IN INDIANA FOR THIRD TIME

Friday, July 23, 2010 by Lainey Scheetz

FOR IMMEDIATE RELEASE
July 23, 2010
Contact: Lainey Scheetz
317.403.9012
lscheetz@alerdingcastor.com

ALERDING CASTOR HEWITT, LLP CLIENT NAMED 10TH FASTEST GROWING PRIVATE COMPANY IN INDIANA FOR THIRD TIME

Indianapolis, IN – Iasta, the leading provider of eSourcing software and solutions, was titled as the 10th Fastest Growing Private Company in Indiana for 2010 by the Indianapolis Business Journal (IBJ).  A third time honoree, Iasta boosted its three-year growth rate at 134 percent.

The report...

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Business Law - Morning People

Monday, July 19, 2010 by David Castor
There is a great article in the July-August edition of the Harvard Business Review entitled The Early Bird Really Does Get the Worm.  The article summarizes a study which found a correlation between  "morning people" and career success.  This is based on a number of traits which are commonly found in morning people.  

Traits
Agreeable
Optimistic
Stable
Proactive
Conscientious
Satisfied with Life

Being a morning person, of course I loved this!  Most days I am the first in the office.  I love getting...Read More »

Social Networking and the Web - So much more than ambulance-chasing

Thursday, June 17, 2010 by Chris Stephen
Be prepared:  I'm going to get on a bit of a soapbox.  I read a recent article at WSJ.com entitled "Using Social Networking as  Legal Tool" (Linked Below).  There is nothing wrong with this article.  It very succinctly and pleasantly explains how certain law firms are using social networking and the Web to find clients for high-value plaintiff cases.  And I don't disagree with that approach.  As an attorney posting on a blog, I too hope to use social networking to get business, and would be...Read More »

Radical Innovation - Searching for the new frontier

Wednesday, June 16, 2010 by Chris Stephen
I'm going to cheat a little on this.  I read a great blog post by Jeff Ready over at the McStartup blog (www.mcstartup.com).  The blog post is all about the importance of radical innovation.  I have a place in my heart for radical innovation because I believe that in the legal community, we are the radical innovators.  ACH strives after its goal to be an information technology law firm, a venture capital law firm and a business law firm, but we go about it in a way that is radical to many...Read More »

Mexico Passes New Data Protection and Privacy Law

Tuesday, June 8, 2010 by Chris Stephen
Your friendly neighborhood technology counsel here:  So, Mexico recently passed a new data protection law.  On April 27, 2010, Mexico passed the Federal Law for the Protection of Personal data, which is likely to be signed into law by the President in the near future.  This law not only allows for a mind-boggling $1.5 million penalty for violation, but it also applies to the private sector. Private and public entities will need to protect themselves from privacy litigation. 

This law is much akin...Read More »

Indianapolis Litigation-The Collections Endgame

Friday, May 28, 2010 by Scott Kreider

I am an Indianapolis Attorney here at Alerding Castor Hewitt LLP.  This is my first blog post – so bear with me.  As a brief introduction, my role at ACH is working on our litigation team, both at trial and on appeal if necessary, on issues related to business law, probate litigation, SaaS litigation, and other technology litigation – just to name a few of the areas.

One area often overlooked in the litigation process is the area of collections. Some lawyers might look upon the collection process...

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Changes in the Get Hope. Get Help provisions

Tuesday, May 18, 2010 by Chris Stephen
Your friendly neighborhood technology counsel here:  As you likely know, my goal is to become THE Indiana technology lawyer; however, technology is not my only area of interest.  Like many of the  folks at Alerding Castor Hewitt, technology law is a passion, but we all strive to be a full service law firm for all businesses.  Thus, in addition to tech stuff, I also litigate matters for several banking and business clients.  And, as any good lawyer does, when I see changes in the law that may...Read More »

Build Your Business Model Around the 7 Deadly Sins?!?!

Thursday, May 13, 2010 by David Castor
I recently read a summary of a lecture on applying the seven deadly sins to software development.  The sins are:
 
Lust
Obsessive or excessive thoughts
Gluttony
Over-indulgence, over-consumption
Greed
A sin of excess like lust and gluttony, but in reference to wealth
Sloth
Laziness, indifference, apathy
Wrath
Uncontrolled feelings of hatred and anger
Envy
Resenting another because they possess something you do not
Pride
Excessive love of self
 

The idea is not to sell products leading to the sins themselves...
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Where are the Good Deals?

Monday, May 10, 2010 by David Castor
I have heard this "problem" stated several times from private equity investors angel investment groups over this past year, "We are just not seeing any good deals lately."  The Halo Group, an Indianapolis-based angel investment group focusing on emerging technology companies, canceled its March meeting due to a stated lack of deal flow. 

Halo members, like most private equity investors, want to invest in businesses with proven markets and executives.  They, like most investment groups, also want...Read More »

Entrepreneurial Law – Developing a Good Business Model – Part III

Tuesday, April 27, 2010 by David Castor
This is the third post in a series on developing a good business model for an early stage company.

2.    Solid Management Team

I have heard it said that more businesses fail due to cash flow than anything else.  I completely disagree.  I say that more businesses fail due to management team issues than any other reason.  If a company dies because of cash flow, it is usually because the wrong person was at the helm and poorly planning and/or making bad decisions – either market opportunity was not...Read More »

Three Things Every Entreprenuer Should Know

Wednesday, April 7, 2010 by David Castor
I had the privilege of speaking at the Rainmakers Incubator event this morning.  I thought the Rainmakers team did a nice job organizing the event - even with a last minute change in location due to factors outside of their control.  Thank you guys for the opportunity to join you this morning!

The topic given to me was "Three Things Every Entrepreneur Should Know."  My legal practice focuses on entrepreneurial law, funding law, SaaS business law and securities law.  In these fields I see a lot of...Read More »

What Your Company Needs for Execution II

Monday, March 29, 2010 by David Castor
Last week I wrote a post entitled What Your Company Needs for Execution which addressed a business' ability to seize opportunities when they arise.  In this months Harvard Business Review, Donald Sull addresses seven points to consider on whether your company has good business execution practices.  Last weeks post addressed the first three.  Here are the next two:

4.    Core values with teeth.  Assess whether your business leaders articulate values that underpin agility and drive...
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What Your Company Needs for Execution I

Tuesday, March 16, 2010 by David Castor
Painting by Kyle RagsdaleDoes your business take advantage of opportunities when they arise?  Or, like most businesses, do you watch competition seize opportunities before you consider or execute on them? 

There is a good article in this months Harvard Business Review by Donald Sull on a business’s ability to execute on opportunties.  It is a worth while read, but I will summarize the key points in the next three posts.

What your company needs for execution:

1.    The ability to spot new opportunities.  This requires...Read More »

Venue Selection Clauses - The Hidden Danger (Part 1)

Sunday, March 14, 2010 by Chris Stephen
Indiana Privacy LitigationYour friendly neighborhood technology legal counsel here to discuss with you the hidden dangers lurking in your unassuming (and unread) terms of service agreements.  Janet Croswell, one of our fabulous tech lawyers, posted back on February 10, 2010 about the pitfalls that businesses face related to the clickwrap agreement (here's a link for those playing along at home  blog.alerdingcastor.com/blog/alerding-castor).  Now for those of you scratching your head and wondering what a "clickwrap...Read More »

Rules of Funding

Thursday, March 11, 2010 by David Castor
US Private EquityThere is a good article on the Mercury News Blog today on How dot-com start-ups have changed 10 years later.  The article addresses the maturity of both technology companies and US private equity investors over the last decade.  It is an interesting read.

There has been a lot of activity in angel investor groups and venture capital investments in Indiana technology companies over the last few months.  2010 has definitely started with a bang at Alerding Castor Hewitt where we have helped five...Read More »