INDIANAPOLIS LITIGATION--AN ETHICS LESSON FOR BUSINESSES AND LAWYERS

Thursday, August 5, 2010 by Scott Kreider

Your friendly Indianapolis attorney and Partner In Success at Alerding Castor Hewitt, LLP here with another post, this time for both business entities and lawyers who find themselves in the trenches of business law, SaaS law, internet laws, and privacy litigation and probate litigation.  Partner and fellow blogger Dave Castor sort of beat me to the bunch by pointing out a great blog post by Michael P. Alerding (ACH’s Mike Alerding’s father) at Alerding & Co., LLC, which Dave re-posted below.  I...

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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 »

Imposing the long-arm of the law over the Internet

Wednesday, June 23, 2010 by Chris Stephen
Your friendly neighborhood technology counsel here:  A couple of recent state court decisions are going to start personal injury attorneys frothing at the mouth, and might render some sleepless nights for defense attorneys.  Both Ohio and Florida recently issued opinions in which they applied their state's respective long-arm statutes to garner personal jurisdiction over an out-of-state resident for tortious conduct that transpired over the Internet. 

First, you need to know what a long-arm...Read More »

China Issues its First E-Commerce Regulation

Thursday, June 10, 2010 by Chris Stephen
China has enacted the "Interim Administrative Measures on Internet-based Transactions of Goods and Related Services" that will take effect on July 1, 2010.  This regulations should have a significant impact on e-commerce in China.  One can only assume that it will also impact Software Service Level Agreements, SaaS law, and cloud computing law.  The regulations appear to be focused on Business - to-Consumer issues and consumer-to-consumer activities, but the actual language of the regulation is...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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Funding Law - Investing in C2C Companies

Friday, May 7, 2010 by David Castor
I wrote a post a few weeks back on B2B, B2C and C2C technology companies in Indianapolis.  Here are a couple of paragraph excerpts:

Indianapolis has done some amazing things in SaaS technology markets.  As many readers of this blog know, much of my business law practice focuses on SaaS law, Internet law and funding law.  Most of this is in business-to-business (B2B) SaaS markets.  This week I was thinking about how this is not just true of my practice, but it also is true for Indianapolis as a...
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Alerding Castor Hewitt Proud Sponsor of Adoptions of Indiana (AD-IN) Annual Golf Outing

Monday, April 26, 2010 by Lainey Scheetz

You might wonder why an Indiana law firm with a practice in several areas of technology (Indiana Internet Litigation, SaaS Legal Consulting to name just two) finds itself supporting a golf outing that raises money for adoption?  "As a firm that prides itself on supporting the local community, we don't always align our charitable giving strictly to serve our immediate demographic.  There are many organizations deserving of our support and Adoptions of Indiana is certainly one of them," comments...

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Entrepreneurial Law – B2B, B2C and C2C

Monday, April 19, 2010 by David Castor

Indianapolis has done some amazing things in SaaS technology markets.  As many readers of this blog know, much of my business law practice focuses on SaaS law, Internet law and funding law.  Most of this is in business-to-business (B2B) SaaS markets.  This week I was thinking about how this is not just true of my practice, but it also is true for Indianapolis as a whole.  Most software companies in Indianapolis are in B2B markets. 

The other two markets are business-to-consumer (B2C)...

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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 »

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 »

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 »

Competitive keyword advertising: Viable cause of action or useless avenue?

Thursday, December 3, 2009 by Chris Stephen
Something crossed my screen today that piqued my interest.  That concept is competitive keyword advertising litigation.  The case that sparked my curiosity is Fair Isaac Corp v. Experian Information Solutions, Inc., 2009 WL 4263699 (D. Minn. 11/25/2009) (www.jurisnote.com/Cases/fair6411.pdf).  For a good analysis of the ruling see Eric Goldman's blog (blog.ericgoldman.org/archives/2009/12/competitive_key.htm).  Interestingly, the case law to date on this issue has found for the defendants in...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 »