How do you make traditional phone service and
client/relationship management software not only extremely
affordable but also innovative and fun? Give it to a couple of
Purdue student “geeks” and turn them loose on the business
world.
Since 2007, Cameron Weeks and his business partner Bracken
Fields have been building a better phone system, and out of it, a
phenomenal young company. In 2011, they grew their team to
support the new client base they were reaching and at the same time
developed...
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Initially, I will state for the record the apologies of your
friendly, neighborhood Indiana Technology Lawyer for not posting a
blog in a while. I know that you, my loyal readers, have been
waiting with bated breath in the hope that I would again grace
cyberspace with my knowledge and wit. And, alas, I have
failed to deliver. In my defense, this little technology law
firm has been experiencing exponential growth and prosperity, which
has dictated more work for yours truly. But, that is...
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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...
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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...
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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...
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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...
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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...
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With genetic engineering becoming a
hot topic in the news since the cloning of Dolly the sheep, we
acknowledged how ecstatic we are to have partner Brian Hewitt at
the firm for the past two years and honored him with a personal
clone. Brian’s “clone” does not hold the common clone
characteristics of life, but it was just what the office needed, a
bobble head version of Brian himself. We have been extremely
fortunate to have Brian’s addition to the firm over the last two
years and he has...
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Once again, Alerding Castor Hewitt sent at team to participate in
the
O'Reilly's Irish Bar &
Restaurant golf scramble, benefitting
The Alliance for
Responsible Pet Ownership.
On Monday, June 20th, Team ACH assembled a crack team of two
litigators, the client relations manager, and our Butler intern -
who just happens to also be on the
Butler Women's Golf Team - for an fantastic day out of the
business law office and onto the links.
Maribeth, Meg, Scott, and Chris
Ready to get our Rory McIlroy...
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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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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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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...
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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...
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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...
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The end is finally nigh for the ongoing litigation roller coaster
that is the Facebook/Mark Zuckerberg v. Cameron and Tyler
Winklevoss saga. This has always been an interesting piece of
software litigation based upon (a) the personalities involved and
(b) the scale. It is safe to say that when you are one of the
fastest growing companies in the country, you are going to face
litigation. In fact, that's why you call me. And it is
equally logical that when you are creating a website or working...
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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...
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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...
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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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I know there will be an "official" congratulatory press release in
the near future, but I thought I'd take a moment to congratulate
the Alerding Castor Hewitt partners on being included in the 2011
Indiana Super Lawyers.
Brian Hewitt received the nod as one of the Top 50 Super
Lawyers in the state. This is, of course, a recurring honor
for Brian, who has been a Super Lawyer for the past several
years. Brian's practice focus is on business and probate
litigation and mediation.
The voters...
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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....
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