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...Read More »
One of our
very own, Eric Davis, is being nationally recognized for his
success in the October issue of The ABA
Journal. Eric has long been a leader in entrepreneurial
expertise and business law, and is a strong exterior source
contributing to our firm, Alerding Castor Hewitt, LLP. The
article discusses about how Eric jump-started his career and
the many roads on which it has taken him. In the
article, Eric considers himself a "hybrid" because he does not
necessarily fit in just one firm....
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...Read More »
Big hat-tip to Jay Baer for...Read More »
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...
Read More »
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...Read More »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...Read More »
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...Read More »
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...Read More »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...Read More »
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...Read More »
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...Read More »
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...Read More »
Where a client is using form...Read More »
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...Read More »
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...Read More »
The first caveat is that I'm sorry I haven't posted anything
recently. Work here at Alerding Castor Hewitt has been going
like gangbusters and yours truly has been up to his distinguished
eyeballs in work. Trust me, however, I'm now dutifully
committing myself to continue providing insight and humor as your
Indiana Internet Litigation guru.
Second caveat is that this post actually has nothing to do with privacy litigation, software litigation or really any other technology law issues. ...Read More »
Second caveat is that this post actually has nothing to do with privacy litigation, software litigation or really any other technology law issues. ...Read More »
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...
Read More »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...
Read More »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...Read More »
It has been said a million times already on this blog – a CEO,
especially one which is seeking funds from private equity
investors, needs to understand finance. Often a basic
knowledge of sources and uses and cash flow analysis is enough, but
in many early stage investment rounds, savvy investors expect the
CEO to know the company's internal rate of return (IRR) - and
why it matters.
I meet many entrepreneurs who have served as VPs or middle managers before embarking on their entrepreneurial...Read More »
I meet many entrepreneurs who have served as VPs or middle managers before embarking on their entrepreneurial...Read More »
I can read your mind. You are thinking, "oh, great and
insightful technology legal counsel, what do you mean by a 'legal
landscape' and what does that have to do with blogging?" My
initial response is that, (a) you've asked two questions and (b) if
you plan to use blogging as a component of your business model, you
need to know what potential pitfalls exist. That is the legal
landscape of blogging. It is made up of the hills and valleys
that must be overcome or avoided to reach blogging...Read More »
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...Read More »
One area that I discussed and have had several questions about is Creative Commons. For those of...Read More »
Last Wednesday, I had the great opportunity to attend the 2010
Techpoint Summit. For those of you that don't know, Techpoint
is organization with the mission of "accelerating Indiana's
emerging and vibrant tech sector" (source:
www.techpoint.org). This great organization fosters and
nurtures the technology sector that is developing in Indiana.
It brings the innovators together and gives them a voice.
And, their yearly summit is an excellent example of the work they
are doing. In the same...Read More »
Alerding 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 »
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