Archive for 'Entrepreneurship'

Designing for the Future

Remarks delivered to open the Internet Technology Summit, Orlando, 22 June 2010.

It is human nature to root for the underdog. Make no mistake, we loves us some winners, but we adores us some winners when they come from behind.

May 26, 2010, was a momentous day for come-from-behind winners.

For example, on the Fox network, a [...]

Audit your IP Portfolio or Face Certain Doom

You are living every entrepreneur’s dream. After years of sleepless nights sweating for equity, you are preparing to cash out. Your startup company has become an acquisition target. After several rounds of negotiations, a strategic partner offers to buy your company for a whopping $100 million. You’ll finally get a good night’s sleep.

You are [...]

Attorney 2.0 on Marketing 2.0

I’ve been asked to speak on social media marketing more often than any other subject lately, so I though it would be timely to blog (with permission) this excerpt from Bernie Borges’s awesome book, Marketing 2.0, available at Amazon.

See if you can tell which of my own rules I almost but not quite constantly fail [...]

A New Theory of Business: From Idea to Happy

For 15 years or so I have been pursuing an agenda dubbed “ideas2money,” a slightly tongue-in-cheek abstraction of the premise that all business is about monetizing good ideas, in turn premised on the relatively venerable notion that the sole role of any business is maximizing profit and, thus, shareholder wealth.

After observing progressive companies such as [...]

Why register a trademark?

Why should I spend all this money on registering a trademark? Isn’t my domain name enough?

Short answer: because it’s cool to own stuff.

Long answer:

Your brand tells your customers where your products (and services) come from. In the minds of your customers, your brand is you. Artful brand selection fortifies market recognition. Pick a forgettable brand [...]

Why Use Website Terms of Service Agreements?

Why put a Terms of Service agreement on your website?

Look, everything’s got a little legal legend to it, ok? You see them everywhere. The masthead of a magazine, the fine print on an advertisement, even the coffee cups at McDonald’s. Everything just seems to go better when emblazoned with a bunch of juicy legal notices. [...]

Startup Legal FAQ 12 – Why Own IP?

What’s the big deal with owning all this IP? Isn’t there more to my company than just my IP?

Yes, there is a bit more to your company than its Intellectual Property. But, on average, not much more. So it’s important to keep good records about the IP you have.

Here is one of a [...]

Startup Legal FAQ 10. – Why Use Independent Contractor Agreements?

I suppose I need an independent contractor agreement too?

Yes. Yes you do.

Ideally, you need one that uses the magic words “works made for hire.”

Ownership of intellectual property is counterintuitive. Mere payment for deliverables does not necessarily secure clean title from independent contractors. Under US copyright law, in order to be deemed to be “works made [...]

startup legal FAQ – 7. What is a PPM?

What is a PPM and why do I need one?

A Private Placement Memorandum, or PPM, is a formal description of the investment opportunity offered by your company. Before taking money from investors (or lenders), you may wish to consider circulating a PPM to inform them of the basic provisions of your business plan, a description [...]

startup legal FAQ – 6. Why form a company?

Do I really need to form a company or can I do business without one?

With few exceptions, all business should be conducted from within a company that is properly formed and organized as a corporation, a limited liability company (LLC), a limited partnership (LP) or the like. Why? Four basic reasons:

a. Asset Protection. Deservedly or not, [...]