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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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...
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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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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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Following the launch party on June 2nd,
JabuAfrica has
instilled their mission, spirit, and passion in the
community. The mission
of the nonprofit organization is to provide financial and emotional
aid to orphans and families who run orphanages throughout
Africa. JabuAfrica came
together during the adoption process of Dave Castor, managing
partner at Alerding Castor Hewitt, and his wife Sarah.
The Castor Family came together over the course of several...
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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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On
Friday, May 6th,
Slingshot SEO announced in a
meeting with Governor Mitch Daniels and Indianapolis Mayor Greg
Ballard that the company will create up to 114 new jobs by 2013.
As one of Alerding Castor Hewitt's most beloved clients, we
could not be more thrilled to see how far the search engine
optimization firm has come since its 2006 founding.
In just three short years, Slingshot has seen a dramatic increase
in employees from 9 to its current 65, and the compan
y
plans to invest upwards of...
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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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Very
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...
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It isn't often that business law firms have the opportunity to
really celebrate the success of clients. Typically, the day
to day is more about filing regulations with the SEC, setting up
corporations and the like with the IRS, and drafting contracts,
agreements and subscriptions.
Always out to break the law firm mold, Alerding Castor Hewitt,
along with KSM Consulting, had the privilege of hosting a launch
party for our client,
Gauge Telematics, last
week to both honor their success to date and...
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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 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...
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Indianapolis, IN – Mike Alerding, founding partner of Alerding
Castor Hewitt LLP, is slated to teach Business Law at Harrison
College this spring. The course combines the understanding of
legal theory with the acquaintance of the various forms of
contracts. Students will be taught the essentials of the
legal environment of business, tort law, contracts, commercial
transactions, government relations and property.
“I am teaching because I enjoy the process of observing the
improvement and...
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Your friendly neighborhood litigation attorney at Alerding Castor
Hewitt, LLP with a final post for the year to all of our business,
Indiana internet litigation, and technology law
clients. Saturday, December
25th will no doubt be a date of celebration in many
homes. As you spend time with your
family, remember how special the day is and all of the changes that
have taken place in the last 20 years.
Some of you might wonder what I mean exactly. I’m not referring to Christmas. And for those...
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I hope that you all had a thankful and fulfilling turkey day.
Your friendly neighborhood technology legal counsel stuffed
himself horrendously. But, I digress. I know that I owe
you all part 2 of my discussion of the legal landscape of corporate
blogging, and I promise that I will get that posted in the near
future, but two recent opinions in some non-Indiana Internet
litigation piqued my interest and I had to talk about them.
Both rulings involve application of the liability...
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“What are you doing with my money?” No, it’s not your mom or
dad asking or your friend you lost a bet to on a college football
game – it’s your potential investor and they’re asking one of the
most fundamental questions in a capital raise. Why?
Because you forgot to answer it ahead of time! You’re not
alone, though, too often a sources and uses statement is
overlooked. Many entrepreneurs simply rely on the financials,
general statements in the text of the business plan or...
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Thanks to the wonderful folks over at Compendium Blogware, I
presented a fun webinar last week on the Legal Landscape of
Corporate Blogging. Don't fret, dear reader; I intend
to put together several posts over the weekend that hit the
highlights of my presentation. Overall, I discussed topics
like privacy litigation, copyright, defamation, Section 230
protections, etc. The fun stuff of blogging.
One area that I discussed and have had several questions about is
Creative Commons. For those of...
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Your friendly Indianapolis attorney at Alerding
Castor Hewitt, LLP here with an overdue update with some possible
interest for our business law clients.
Back at the end of September, the Indiana Supreme Court decided
Bingley v. Bingley, a marriage dissolution case, and
concluded that the employer-provided health insurance benefits of a
retiree constituted an asset once they had vested and should be
included in the marital estate for the distribution of
property. You can read the full opinion
he...
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