Changes in the Get Hope. Get Help provisions

Tuesday, May 18, 2010 by Chris Stephen
Your friendly neighborhood technology counsel here:  As you likely know, my goal is to become THE Indiana technology lawyer; however, technology is not my only area of interest.  Like many of the  folks at Alerding Castor Hewitt, technology law is a passion, but we all strive to be a full service law firm for all businesses.  Thus, in addition to tech stuff, I also litigate matters for several banking and business clients.  And, as any good lawyer does, when I see changes in the law that may...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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Where are the Good Deals?

Monday, May 10, 2010 by David Castor
I have heard this "problem" stated several times from private equity investors angel investment groups over this past year, "We are just not seeing any good deals lately."  The Halo Group, an Indianapolis-based angel investment group focusing on emerging technology companies, canceled its March meeting due to a stated lack of deal flow. 

Halo members, like most private equity investors, want to invest in businesses with proven markets and executives.  They, like most investment groups, also want...Read More »

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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What Your Company Needs for Execution II

Monday, March 29, 2010 by David Castor
Last week I wrote a post entitled What Your Company Needs for Execution which addressed a business' ability to seize opportunities when they arise.  In this months Harvard Business Review, Donald Sull addresses seven points to consider on whether your company has good business execution practices.  Last weeks post addressed the first three.  Here are the next two:

4.    Core values with teeth.  Assess whether your business leaders articulate values that underpin agility and drive...
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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 »

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 »