Connecticut Insurance Deparment Requires Notification of Privacy Security Breaches

Wednesday, September 8, 2010 by Chris Stephen
Here is one of those convergence points where business law and privacy law intersect and effectuate additional administrative duties on the business holder.  In a rather interesting bulletin, the Connecticut Department of Insurance issued a directive on August 18, 2010, requiring "that all licensees and registrants of the Department notify the Department of any information security incident which affects any Connecticut residents as soon as the incident is identified, but no later than five (5)...Read More »

Funding Law - Guidelines For Business Plans

Saturday, September 4, 2010 by David Castor
Today I am preparing for a guest lecture at Purdue University's Discovery Park this week on developing business plans and my experience as an entrepreneur.  I read a lot of business plans - about 100 per year, and I also help draft business plans and pro formas for business law clients and my own companies. 

Here are some general guidelines to consider when developing a business plan:

1.    Write to the intended audience.  Is the reader the leadership team or potential investors?  If to...Read More »

Africa: One of the safest places to surf the Web.

Wednesday, September 1, 2010 by Chris Stephen
Your friendly neighborhood technology legal counsel here:  I recently saw an article over at PC World that security firm AVG recently did a study of the safest countries in which to surf the Internet.  Seven of the top ten are in Africa, with Sierra Leone rated the safest.  The study is based on incidence of attack by a compiled list of virus and malware attacks.  The study found that Sierra Leone's average incident rate was one attack in every 692 surfers.  Niger also fared well with 1 in 442...Read More »

Alerding Castor Hewitt on Corporate Blogging for Dummies

Monday, August 30, 2010 by Janet Monroe
Alerding Castor Hewitt, LLPAlerding Castor Hewitt, LLP is a law firm that does a substantial amount of legal work with clients in SaaS law and as technology legal counsel.  So much so that we were asked to contribute to Corporate Blogging for Dummies, a best practices book that our friends Douglas Karr and Chantelle Flannery were approached to write.

As a law firm that utilizes blogging to reach our current and potential clients, the Alerding Castor Hewitt, LLP website was featured as an example within these pages.
...Read More »

Repost: Internet Rewards Program Class Action Survives Initial Motion to Dismiss -- In re Easysaver Rewards

Sunday, August 29, 2010 by Chris Stephen
I don't often blanket repost other blogs that I see, however, in this instance, I think it is appropriate.  Venkat, writing for Professor Goldman's blog, writes an excellent analysis of the recent ruling in the In re: Easysaver Rewards Litigation(S.D. Cal. August 13, 2010).  This is a very interesting case in that it covers several different, more traditional causes of action and analysis.  I'm interested to see what ramification this case is going to have on SaaS law and privacy litigation....Read More »

Business Law - Hire Good, Smart People To Ask Good Questions

Sunday, August 29, 2010 by David Castor
I was reminded today of something told to me by a friend last year:

Good people who are smart ask good questions

Bad people who are smart ask bad questions

Good people who are not smart ask bad questions

 
In business we are always looking for answers – but what we really want are good answers.  Today the issue is never whether we have enough data (we arguably have too much), it is whether we can properly utilize that data to make better decisions.  I see this especially in my Internet Law /...
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Business Law - How To Kick Out Jerks

Thursday, August 26, 2010 by David Castor
I work with a national angel investor group that invites members (investors) to join on two general rules:

1.  You cannot be a jerk;
2.  You have to invest in companies.


The President of this organization has removed a couple of members this year because they received rule #1 complaints from other members. 

In my funding law practice I represent and/or work with several private equity firms, angel investor groups and private equity funds.  Most funds and angel investor groups run into this jerk...Read More »

Funding Law - Is The Person Coachable?

Tuesday, August 17, 2010 by David Castor
I attended an angel investor group meeting today.  This was an interesting group - only 10 or so people, each of very high net worth, looking for large investment opportunities.  They remind me more of a private equity firm with the types of deals they are considering, but they invest individually - maintaining the typical angel investor dynamic.  

One investor is a recently retired C-level executive of a fortune 100 company.  He told me about his approach to investments - questions he works...Read More »

Business Law - Being A Deal Maker

Tuesday, August 10, 2010 by David Castor
One of my favorite aspects of building a business law / private equity firm is seeing clients set and reach business goals.  Many clients face complicated issues that need careful legal analysis and creative planning.  Unfortuantely, most attorneys focus on the problems with the complicated deals and have trouble finding creative ways to navigate the legal minefield.  Alerding Castor Hewitt takes a unique approach on business law in that we consider ourselves "deal makers" rather than what...Read More »

Discoverability of social networking profiles in Federal court

Friday, August 6, 2010 by Chris Stephen
Gather 'round kids, this one is interesting.  The decision actually came out in May, 2010, and I regret that I haven't had a chance to blog on it until now, but it is still a very interesting order that should have implications to privacy litigation, and litigation in general.  In EEOC v. Simply Storage Management, LLC, Docket No. 09-CV-01223, the Southern District of Indiana was faced with the issue of discovery of social networking profiles of two individuals that claimed sexual harrassment by...Read More »

Entreprenurial Law - How Much Should Go To Salaries?

Thursday, August 5, 2010 by David Castor
I read many business plans for early stage companies - most of whom are seeking some sort of seed or early round capital funding from private equity investors.  One of the largest discrepancies I see in plans is in the expense models regarding allocation of salaries. 

Post-revenue, most businesses will find salaries (including benefits) falling somewhere between 30% and 55% of their net revenue.  But what about pre-revenue companies that are looking to use early capital to launch?  I read a...Read More »

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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Entrepreneurial Law - Don't Raise Too Much Capital

Thursday, July 22, 2010 by David Castor
I read a Guy Kawasaki blog post this week where he walked through six reasons why an abundance of capital can hurt an early stage business.  In my entreprenurial law / funding law practice I work with a lot of business owners through capital strategies and the private equity processes.  Honestly, the drafting of a private placement memorandum is the easy part of my practice.  The hard part is creating the proper capital structure for the long term growth and success and reaching investors who...Read More »

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 »

INDIANAPOLIS ATTORNEY—LITIGATION ISN’T FOR THE FAINT OF HEART

Thursday, July 1, 2010 by Scott Kreider

        War at its best is barbarism.

 

Every attempt to make war easy and safe will result in humiliation and disaster.

 

                                    --William Tecumseh Sherman

 

Though he said these words nearly a century and a half ago, General Sherman’s comments apply equally well to litigation, including the world of business law, technology law, SaaS law, and probate law.  Litigation is a serious business, not something to be undertaken lightly.  And it is often expensive – regardless of...

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Cloud Computing: German data police say "Nein!"

Thursday, June 24, 2010 by Chris Stephen
This is one of those great posts that gets to combine cloud computing law with privacy law with political intrigue.  Before I get too far in, I want to set out my own caveat.  In my opinion, there is a data war brewing between the United States, EU, and China and everyone if vying for the top dog spot.  The basis of this is the fact that each faction views the protection of data very differently and they each want to be the best.  To just give you a surface level scratch of the differences I'll...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 »

Funding Law – Investor Impatience

Friday, June 18, 2010 by David Castor
I read around 2 new business plans per week – about 100 per year.  Some private equity investors I know read upwards of 10 per week – or about 500 per year.  When you are reviewing that many of anything, you get impatient.  That is why I encourage business owners writing plans for private equity investors or angel investor groups to be succinct. 

Get to the point.  What does your company do?  What pain are you solving in the market?  How will you do that at a profit?

Business summaries should...Read More »