Janet Monroe - Corporate Counsel

Janet Croswell - Corporate CounselI am Janet Monroe, a business law attorney with Alerding Castor Hewitt, LLP.  I help clients with their corporate legal needs and work with them as they structure and grow their businesses.  In this blog I'll discuss some of the issues that business owners face and some of the best practices that help them to succeed.  I focus my practice in the areas of business formations, entrepreneurial law, contract negotiations, mergers and aquisitions, SaaS licensing, legal technology consulting, information technology law, securities law, and venture capital law.

Techpoint's 2010 Innovation Summit

Wednesday, October 27, 2010 by Janet Monroe
techpoint summitAlerding Castor Hewitt, LLP is a business law firm that works with many technology start-ups in their formation stages and in assisting with the legal aspects of dealing with private equity investors.

The entrepreneurial spirit of our clients is inspiring, and I am looking forward to attending Techpoint's 2010 Innovation Summit that will be held in downtown Indianapolis today.

An annual event that Alerding Castor Hewitt is proud to sponsor, it will feature keynote speaker Nicholas Carr who is a...Read More »

Alerding Castor Hewitt on Corporate Blogging for Dummies

Monday, August 30, 2010 by Janet Monroe
Alerding Castor Hewitt, LLPAlerding Castor Hewitt, LLP is a law firm that does a substantial amount of legal work with clients in SaaS law and as technology legal counsel.  So much so that we were asked to contribute to Corporate Blogging for Dummies, a best practices book that our friends Douglas Karr and Chantelle Flannery were approached to write.

As a law firm that utilizes blogging to reach our current and potential clients, the Alerding Castor Hewitt, LLP website was featured as an example within these pages.
...Read More »

Minority and Women Owned Business Enterprises

Friday, August 20, 2010 by Janet Monroe
Indiana Technology LawyerSomething that women and/or minority business owners may want to consider is registration with the Indiana Department of Administration Minority and Women's Business Enterprises Division to become certified as a minority-owned or woman-owned business.

Established in order to give such businesses an equal opportunity to participate in the state purchasing process, the criteria considered for such certification include that the minority/woman member possess:
  • ownership of the business (at least...
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 »

PURE Eatery Delivers Fresh Honest Food

Tuesday, June 22, 2010 by Janet Monroe
Pure Eatery Fresh Honest FoodToday is an exciting day for Indianapolis with the establishment of a brand new local eatery called "Pure" located in Fountain Square at 1043 Virginia Avenue. 

Working with the business owners through Indiana entrepreneurial law, I checked in to see what the place had to offer this afternoon.  I couldn't be more excited about the fresh flavors and the funky atmosphere.  With original artwork and high ceilings, it has a Chicago vibe with a menu focused on fresh honest food.  Perfect.

Today I chose... Read More »

Considering a Software Service Level Agreement?

Thursday, May 13, 2010 by Janet Monroe
software service level agreementA software service level agreement is an important component to your engagement with a client, as this gives them an insurance policy that you will provide the software as a service at a level that satisfies them.  The SLA should include your services, availability, performance, priorities, responsibilities, guarantees, warranties and specifically define the what the "level of service" to be provided will be. 

However, a software service level agreement can be somewhat tough to negotiate because...Read More »

The Art of Financial Projections - Filling the Money Jar

Tuesday, April 27, 2010 by Janet Monroe
venture capital law firms, Indiana entrepreneurial lawWorking in the area of Indiana entrepreneurial law, I see dozens of business plans that are incorporated into the equity raise documents of budding new companies.

With those business plans are financial projections that are based on newly formed companies with limited operating histories, unproven track records, and often times plans for entry into a mature and highly competitive marketplace.

Needless to say, it can be daunting as an entrepreneur to come up with a compelling reason why investors... Read More »

2010 Top 50 Indiana Super Lawyer: Brian Hewitt

Thursday, February 18, 2010 by Janet Monroe
Indiana Probate Litigation, Indiana Entrepreneurial LawCongratulations are in order to Brian Hewitt, the newest parter of Alerding Castor Hewitt, LLP, who was recognized this week as one of Indiana's 2010 top 50 Super Lawyers.

Brian concentrates his practice on estate, trust, and guardianship planning, administration, and litigation; and mediation and business law.

He is a Certified Estate Planning and Administration Specialist, a Fellow of the American College of Trust and Estate Counsel, and a member of the Probate Litigation Committee of the...
Read More »

What Does Your Attorney Know about SEO?

Tuesday, February 16, 2010 by Janet Monroe
SaaS Litigation, SaaS Legal Consulting, Software Litigation, ASP LawKeeping up with software clients can be a challenge for technology legal counsel.  

The software as a service industry evolves quickly, time-lines are condensed, and the playing field yesterday can look decidedly different than it looks today.  The name of the game for a SaaS company is to stay ahead of the pack and become known as THE leader in its industry. 

I recently read an article in Entrepreneur magazine about Search Engine Optimization titled What You Don't Know About SEO

What I DO know... Read More »

Please Read Before You Click "I ACCEPT"

Wednesday, February 10, 2010 by Janet Monroe
SaaS litigation, software service level agreement, cloud computing lawHow many times have you signed up for a service on-line, scrolled past all the legal jargon, and clicked "I Accept" or "I Agree" without taking the time to actually read the terms and conditions you're agreeing to? 

Admit it.  We all do it.  

But, just as a warning to be careful the next time you're purchasing that new mp3, or more importantly signing your company up for something on-line... those shrink-wrap and click-wrap agreements have been held by the courts to be binding.

Contracting in...Read More »

Bill Boncosky Joins the ACH

Monday, January 4, 2010 by Janet Monroe
Alerding Castor Hewitt, LLP, Indiana Technology Litigation, SaaS LitigationAlerding Castor Hewitt, LLP is proud to announce the addition of Indiana technology lawyer Bill Boncosky to the firm. 

The former General Counsel for ExactTarget, Bill has tremendous experience as technology counsel for one of the most successful technology start ups based right here in the heart of Indianapolis.  A company that had just over a dozen employees when he joined, Bill has substantial experience in licensing agreement negotiations, ASP Law and Cloud Computing Law serving in that role...Read More »

Consider Profit Interests for Your Key Employees

Thursday, December 17, 2009 by Janet Monroe
Indiana Technology Counsel, SaaS Legal ConsultingEmployers invest so much time and effort into (a) finding and hiring the right candidates for the team, and (b) developing those individuals to work at their most efficient levels for the company. 

Let's face it, it can take years to get a company up and running effectively, and certain key individuals play a huge role in making that happen. 

You don't want to lose them.


While I firmly believe that everyone is replaceable, some employees are just harder to replace than others because they add so...Read More »

Who Owns My Website?

Tuesday, December 1, 2009 by Janet Monroe
Indiana Internet Litigation, Indiana Technology CounselSo you've launched your company and hired a web-developer to breathe life into the idea you've poured your heart and soul into developing over the past several months, perhaps even years...

Maybe you never even thought to ask the question, but at the end of the day who actually owns "your" website?  You or the web designer?

Indiana software litigation in a ruling by the Supreme Court of Indiana, Conwell v. Gray Loon Outdoor Marketing Group, points to the fact that hiring a contractor for the...Read More »

Don't Drink the Kool-aid, Choose Your Partners Wisely

Tuesday, November 17, 2009 by Janet Monroe

Indiana Technology Lawyer, Indiana Technology CounselI saw a great article awhile back in Entrepreneur and thought I should post the article for those in the formation stages of their next business venture. 

I can't stress enough how much time and energy it takes to launch a start-up, and just how much the success or failure of a budding new company rests on the people involved.  I see it everyday as an Indiana technology lawyer involved in Indiana entrepreneurial law.

You can count on spending hours upon hours of the day with your business...

Read More »

Go for Home Court Advantage

Monday, November 16, 2009 by Janet Monroe
Indiana Software Litigation, Indiana Technology CounselHere at Alerding Castor Hewitt, LLP, often times we work with clients who have software that inherently transcends state and national borders. 

Not just brick and mortor storefronts, many of our clients have customers nationwide and around the world.

Such is the realm of cloud computing law, and it's up to us as technology legal counsel to answer the inescapable question of what state, federal, or even country's law applies should a lawsuit arise.

Well, if you haven't contracted for this simple...Read More »

Why Do I Need to Know About Consequential Damages?

Monday, September 21, 2009 by Janet Monroe
indiana entrepreneurial lawOperating under Indiana entrepreneurial law, I have seen a great number of contracts across my desk, and many for new business owners plunging into a world of negotiations.  Fresh out of the gate, it's important for savvy business owners to get up to speed quickly on essential provisions that should be included in their contracts.

For instance, for business owners who are retailers, wholesalers, or merchants who otherwise sell "property" (essentially, products that you can pick up and move), they...Read More »

Indianapolis - A Leader in Technology

Monday, August 10, 2009 by Janet Monroe

Global Toaster, Toaster ShopIt's exciting to be apart of the city of Indianapolis, and even more so when you get to be involved with those who are shaping the future of Indiana technology.

Business law firms are a great place to practice as a technology attorney.  I am fortunate to live in a world where software start-ups and fresh business ideas (that often times are solving tomorrow's problems) crop up everyday and are a way of life.  You would be amazed at some of the exciting new software developments that are underway...

Read More »

Software Licensing or Development - Get it in Writing

Wednesday, July 29, 2009 by Janet Monroe
In the world of legal technology consulting, it's my job to turn that glossy marketing piece that sold you on new software development into a binding contract that ensures you actually get what you paid for.  When hiring an independant consultant or outside firm to create software or technology for your organization, I have two recommendations: (a) negotiate the terms wisely and (b) get it all in writing.   Nothing is worse than paying a huge consulting and services fee and not get...Read More »

Raising Capital through Private Placement Offerings

Tuesday, July 7, 2009 by Janet Monroe
There are several obstacles to face with a young start-up company, and typically one of the main concerns is raising capital in compliance with funding law.  One method companies can use is offering the sale of stock or membership interest in their company through private placement offerings to a limited number of private investors.  

A private placement offering is differentiated from a public sale of securities that must be registered with the Securities & Exchange Commission, namely because of...Read More »