Seventh Circuit decides SaaS litigation case

Tuesday, May 24, 2011 by Chris Stephen

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 »

Congratulations to the partners

Tuesday, February 22, 2011 by Chris Stephen
I know there will be an "official" congratulatory press release in the near future, but I thought I'd take a moment to congratulate the Alerding Castor Hewitt partners on being included in the 2011 Indiana Super Lawyers. 

Brian Hewitt received the nod as one of the Top 50 Super Lawyers in the state.  This is, of course, a recurring honor for Brian, who has been a Super Lawyer for the past several years.  Brian's practice focus is on business and probate litigation and mediation.   

The voters...Read More »

Entreprenuers Must Understand Cash Flows

Thursday, February 17, 2011 by David Castor
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 »

Funding Law - Know Your IRR

Monday, November 22, 2010 by David Castor
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 »

INDIANAPOLIS LITIGATION--COLLECTING ON YOUR JUDGMENT

Monday, November 15, 2010 by Scott Kreider

Here at Alerding Castor Hewitt, LLP, one thing that we are called upon to do as business law, SaaS law, and technology counsel for our clients is collect on a judgment.  I have previously posted on other topics in the collections world, which you can find here and here.  Today’s topic is in answer to the question we sometimes get:  how long is my judgment good for?

A decision today by the Indiana Court of Appeals in the estate case of In the Matter of the Unsupervised Estate of Dwight M. Wilson...

Read More »

The Legal Landscape of Corporate Blogging - Part 1: Introduction

Monday, November 15, 2010 by Chris Stephen
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 »

Funding Law – TechPoint Innovation Summit

Thursday, October 21, 2010 by David Castor
Next week I am moderating the plenary panel at TechPoint’s Innovation Summit entitled Funding Innovation

Check it out: TechPoint Innovation Summit
 
Also check out the sponsors page.  I counted today, and nine Alerding Castor Hewitt clients are sponsors of the Summit.  That is awesome. 

This year’s panel members represent private equity investors, angel investor groups, successful entrepreneurs and grant funding organizations which look for funding and investment opportunities in Indiana...Read More »

Dave Castor to Host Compendium Blogware Webinar

Wednesday, October 20, 2010 by Lainey Scheetz

Firm founder and partner, David Castor, is slated to host a Compendium Webinar entitled "The Legal Landscape of Corporate Blogging." The webinar takes place on November 3rd from 2:00p-3:00p EST.  

Dave plans to address the do's and don'ts of online marketing, how to protect your intellectual capital and protect your company's bottom line.  Participants were asked to submit questions for Dave prior to the webinar. 

The firm has a strong SaaS law practice, SaaS litigation practice as well as...

Read More »

TRADEMARK DISPUTE – YOU CAN SUE A HAM SANDWICH, OR AT LEAST DISPUTE THE NAME OF A HAMBURGER

Thursday, October 14, 2010 by Scott Kreider

In the spirit of entertaining legal stories like the one below that Chris recently shared with our Alerding Castor Hewitt, LLP audience, I thought I would share a story I ran across yesterday about a trademark dispute.  Also, because Chris is a connoisseur of fine comfort food, I’m sure that he will enjoy it. 


A restaurant in Bellevue, Washington, John Howie Steak, has come up with a caloric-intensive burger that starts with grilling a 12-ounce ground chuck patty and then tops it with Kurobuta...

Read More »

Entrepreneurial Law - The "Must Haves" of a Good Business Model

Sunday, September 19, 2010 by David Castor
I guest lectured at Purdue’s Entrepreneurship Capstone course again last week.  I love it – for an hour I talked about my experience in entreprenuerial law, business law and funding law to Seniors in Purdue's entreprenuership concentration program on issues consider when structuring a new company.  Honestly, I thought I had them bored out of their minds (yes, there was that one Greek letter wearing frat guy who was asleep about 10 rows back), but I was impressed when we got to the Q&A time...Read More »

SAAS LAW CLIENT PREVAILS IN CONTRACT INTERPRETATION DISPUTE

Tuesday, September 7, 2010 by Scott Kreider

Your friendly Indianapolis litigation associate at Alerding Castor Hewitt LLP here with another blog post.  About a month ago, in an aspirational piece, I piggybacked off of a post by Michael P. Alerding at Alerding & Co. on the importance of words and how they should mean something.  You can read my prior post here and the one by ACH’s Dave Castor re-posting Mr. Alderding’s original post here. 

 

Today’s post is to tell you about a recent victory that one of our SaaS law clients achieved in a...

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 »

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 /...
Read More »

Never underestimate your staff, but rather, allow them to envision and strive for excellence

Sunday, August 22, 2010 by Chris Stephen
The ACH litigation team had its first ever (as far as I'm aware) litigation retreat this weekend, and as I reminisce on our time, I am struck by the realization that to be a successful business, you have to allow your team to envision and strive for excellence with you.  This weekend we had some great discussion and "vision-casting" on the areas of privacy litigation, Indiana probate litigation, business law, Internet litigation, banking law, SaaS litigation, and several other areas where we are...Read More »

INDIANAPOLIS LITIGATION—COMMISSIONS AND WAGES

Thursday, August 5, 2010 by Scott Kreider

It’s not often that we at Alerding Castor Hewitt, LLP run into issues regarding the payment of commissions for our business law, SaaS law, and Indiana technology clients.  When the subject does arise, however, it usually occurs when an employee separates from employment and makes a wage claim for unpaid commissions.  The debate about whether the commissions are wages centers on whether the employee was entitled to the commission at the time of sale OR when the client pays for the product,...

Read More »

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...

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,...
Read More »

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...
Read More »

Indianapolis Litigation—Collections And That Pesky Memo Line On Checks

Tuesday, July 27, 2010 by Scott Kreider

Your friendly Indianapolis attorney at Alerding Castor Hewitt LLP here with an issue for those of you who, from time to time, might find yourselves embroiled in collections litigation over business law, SaaS law, or technology law matters.  How often have you seen a debtor issue a check for payment and include on the memo line words to the effect of “as full satisfaction of claim,” “final payment in full of debt,” or some similar words despite the fact that the debtor owes you more than the...

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 »