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...
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Where Have I Been? - 2010 Update

Thursday, February 18, 2010 by David Castor
Business LawI have taken a few weeks off of blogging.  Honestly, I felt like I needed the break, but I am excited about getting back on the saddle and writing again.

Since it has been a few weeks, let me give a brief update on what we have been up to.  Alerding Castor Hewitt has had an exciting beginning to 2010.  On January 1, Bill Boncosky joined us.  Bill is a business attorney / technology and SaaS law attorney working with privately held companies, primarily in technology industries.  Bill has spent the...Read More »

ALERDING CASTOR HEWITT LLP PARTNER NAMED TO FORTY UNDER 40

Thursday, February 4, 2010 by Lainey Scheetz

FOR IMMEDIATE RELEASE
February 4, 2010
Contact: Lainey Scheetz
317.403.9012
lscheetz@alerdingcastor.com

ALERDING CASTOR HEWITT LLP PARTNER NAMED TO FORTY UNDER 40

Indianapolis, IN – Alerding Castor Hewitt LLP is pleased to announce that Michael Alerding, a partner at the firm, has been named to the 2010 Indianapolis Business Journal’s Forty Under 40 list.  The list recognizes local business and professional leaders who have achieved success and excelled in their field before the age of 40. Those...

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Check Out The Butler Accelerator

Thursday, December 24, 2009 by David Castor
Entreprenurial Law - Accelorator ProgramClosing in on the end of 2009 I have to say that I am quite pleased with the commitment Indiana showed this year to be a State that supports and promotes innovation, entreprenuership and business growth.

This week I had breakfast with Larry O'Connor, Executive Director of Butler University's Business Accelerator.  Larry is a former CEO of Bank One Indiana.  Following his "retirement", Larry became CEO of The IndianapolisMuseumm of Art, and recently took the position to lead theAcceleratorr...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 »

SaaS Law – Don’t Use The Term “Affiliates” - PART II

Tuesday, December 15, 2009 by David Castor
The other day I wrote a post on my reasons not to use the term "affiliates" in licensing agreement negotiations.  See post here.  My general point is that the term has no common meaning in the law and may create ambiguity in the contact.

I addressed several different definitions of the term in laws, but the term is not only defined differently in law, it is also used differently in business.

For accounting companies, for instance, the Interstate Commerce Commission defines the term as companies...Read More »

Entreprenurial Law - Proof of Concept & Proof of Scale

Tuesday, December 1, 2009 by David Castor
New technology businesses usually face two hurdles to get their product to market.  The first is proof of concept.  The second is proof of scale. 

Both are intended to solve the “Ability” stage of the business plan process and move the business into the "Meeting" stage:

Recognition of Market -> Recognition of Market Opportunity -> Ability to Meet Market Opportunity -> Meeting Market Opportunity at Profit

Proof of concept is simply the proof that the business can develop a working prototype that...Read More »

Good Metrics

Monday, November 23, 2009 by David Castor
What are your metrics for business success?  I attended a non-profit board meeting this past week where the directors were working through this question  - "How do we measure success?" 

A common metric that was discussed was # of volunteers in the organization in ___ years.  Although this metric does measure growth, it does not measure the quality of growth.  What if the volunteers are under committed, under trained or just plain lousy at their job?  You may meet your metric but find that your...Read More »

E-books for Lawyers: The Future or Flash-in-the-Pan

Friday, November 20, 2009 by Chris Stephen
As an admitted technophile, I can't help but look into all the newest gizmos and gadgets.  Plus, working at an information technology law firm, I can even bill it sometimes.  Thus, I've recently begun a fascination with e-books.  Jason Wilson has  done a very interesting set of blogs looking at the use of e-books (or lack of use) for lawyers (www.jasnwilsn.com/).  Jason's viewpoint is as a counterpoint to a recent set of blogs by Professor Eugene Volokh (volokh.com/2009/10/02/the-future-of-books-... Read More »

Indiana Is More Than Low Cost Housing And A Good Family Enviornment

Friday, November 20, 2009 by David Castor
There are several business blogs that I follow.  Most of these are written by SaaS law / Internet law clients of mine or other Indiana businesses in technology industries.  Lately I have been falling behind on them.  This morning I am trying to catch up. 

I came across a very good, brief video on Kristian Andersen + Associates' blog.  

The video is from the Bigger Ideas/Smaller Indiana conference this past summer.  In the video Kristian Andersen shares his feelings on central Indiana's business...Read More »

Negotiating Tips

Monday, November 16, 2009 by David Castor
Business LawThe following post by Pat Horgan of Palidan Associates was printed on the E-Sourcing Forum a couple of weeks ago.  Even though the post applies particularly to sourcing professionals, the concepts are excellent for most contract negotiations.

NEGOTIATING TIPS

Contract Document Control

In contract development, the party that controls the physical production of the contract document and the wording changes during negotiations generally has a distinct advantage.  This is particularly true in long or...Read More »

SaaS Law - Market Growth

Friday, November 13, 2009 by David Castor
SaaS Law / Business LawAccording to a recent Gartner research report, worldwide SaaS revenues are expected to grow 18 percent in 2009 to reach $7.5 billion.  The report further stated an expectation for SaaS industries through 2013 when worldwide revenues are expected to top $14 billion for enterprise application markets.

Gartner listed the top SaaS market segments for 2009 as follows:

1. Content, Communications and Collaboration (CCC) - $2.6 billion
2. Customer Relationship Management (CRM) - $2.3 billion
3. Enterprise...
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What Is The Proper “Foot View”?

Tuesday, November 10, 2009 by David Castor
Business Law at 30,000 feetFrom time to time I use the term “From a 10,000 foot view…”.  This is corporate buzz speak for taking a broad look at something without getting into the details.  From a business vision and strategy perspective, it is common to start at a high and broad perspective and then work down to the details (i.e., "into the weeds").

Many business professors, and even our President, encourage business executives to stop using such buzz phrases as they can serve as a crutch for intelligent decision making...Read More »

Funding Law - Consider Grants As An Alternative to Private Equity

Thursday, October 29, 2009 by David Castor
Emerging Indiana technology companies should consider grant opportunities as an alternative to raising private equity.  The benefits are obvious as you are not giving up a stake in the business in order to secure strategic capital. 

A client of mine this past week engaged my technology law firm to assist in an SBIR grant opportunity.  Other grant opportunities include NIH grants and 21st Century Fund grants.

The 21st Century Fund is a "must" to consider if you are an Indiana technology business....Read More »

Masters Of Business Online - Success

Saturday, October 24, 2009 by David Castor
I had the honor of speaking at the Masters of Business Online conference this last week.  The conference was organized by Jim Brown of EverEffect.  Jim and his team did a great job with the event.  Last count I heard was approximately 250 in attendance.

Here are a few blog posts that described the event: My hour presentation was entitled "The Legal Landscape of Corporate Blogging".  I...Read More »

SaaS Law - Iasta Morphs And Grows Part II

Monday, October 12, 2009 by David Castor
SaaS Legal ConsultingThis is the second part of a four part series from the SpendMatters blog on the rise of Iasta as a global leader in eSourcing markets.  The article is by Jason Busch, a Founder and Managing Director of Azul Partners, a boutique advisory firm. He is also Editor of the highly trafficked sourcing, trade and supply chain blog www.spendmatters.com. Jason is regarded as one of the leading technology pundits and thought leaders in the trade, procurement and operations worlds.


I recently just completed...
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SaaS Law - Iasta Morphs and Grows (Part 1)

Monday, October 5, 2009 by David Castor
SaaS Law - Iasta LogoThere is a great four part series on the SpendMatters blog which walks through one industry expert's story of the rise of Iasta as a global leader in eSourcing markets.  This was fun for me to read.  I am going on my ninth year of representing Iasta as it's Business law / SaaS law counsel and have loved seeing them grow from a modest Midwest auction software provider to a global SaaS eScouring leader.  It is definitely worth a re-post on The Business & Culture Blog.

The article is by Jason Busch,...Read More »

10 Cases Where Online Activity Came Back to Haunt II

Wednesday, September 30, 2009 by David Castor
This is part II of a repost of an article by Robert Ambrogi on the IMS Expert Services blog (here is a link to the first post). These are unbelievable stories of actual cases and situations where attorneys, judges and jurors posted blog articles and shared stories on social media sites which got them in trouble.  Amazing - and funny.


7. When jurors tweet

After jurors in an Arkansas case awarded a verdict of $12.6 million against a building materials company, one juror boasted on Twitter, "I just...
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Today is the Innovation Summit

Tuesday, September 29, 2009 by David Castor
The TechPoint Innovation Summit 2009 is finally here.  I have been looking forward to this event this year (which has not necessarily been the case in past years). 

This year's focus is more tailored to helping seed and emerging stage Indiana technology companies pursue excellence in developing their innovation, marketing their innovation and seeking funding for their innovation.  As an Indiana tech lawyer these topics hit right at heart of the needs I have wrestled through with my clients.  

I...Read More »

Entreprenuerial Law – Financing Myths

Thursday, September 17, 2009 by David Castor
Funding LawI read an interesting post yesterday on Small Business Trends by Professor Scott Shane, Professor of Entrepreneurial Studies at Case Western Reserve University.  It is a good read for current entrepreneurs and those daring to dream of starting their own company. 

Here is the post:

Most entrepreneurs believe a bunch of myths about financing new companies that hinder their efforts to raise money. Here are a few:

Myth 1: It takes a lot of money to finance a new business. Not true. The typical...
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