Thursday, May 15, 2025

Bootstrapping or Capital Raising: The Founder’s Funding Dilemma

One of the primary issues the founders of a company face is determining how to fund the business. On the one hand, the founders could use their own personal funds and “bootstrap” the company. On the other hand, the company could raise capital through external sources like venture capitalists, crowdfunding, angel investors, or friends and family. Each of these options comes with its own pros and cons, ultimately leading young companies to ask its advisors, “which option is best for us”? Unfortunately, the usual answer is “it depends,” because there is not a one-size fits all solution.

At the outset, companies should consider the advantages and disadvantages of both options. Generally, the primary advantages of bootstrapping a startup are, among other things, (i) maintaining complete ownership and control of the business since all the equity is held by individuals who are (usually) actively involved in the business; and (ii) the potential for long-term profitability and M&A attractiveness, because of the company’s limited debt, low overhead, and minimal investor obligations. 

Thursday, May 1, 2025

From Commodity Trading to Contract Law: What Entrepreneurs Can Learn About Risk

Before I became a transactional attorney, I was a grain trader. If you’re ever in an airport, you can spot a grain trader rather easily. They will be the person in a polo, grain company brand over their heart, pacing back and forth, trying to get just a little more phone time in before they take off to someplace else. On any given day, I might have fielded a hundred phone calls and reviewed well over a hundred pages of contracts before heading home. The pace was relentless, but what mattered most was precision. If you didn’t know the rules, the actual, technical rules, and understand the “industry rules,” you could expose the company to hundreds of thousands of dollars in losses from a single mistake. The margin for error was zero.

Thursday, April 17, 2025

The Effect of DOGE and Its Efforts to Reduce the Federal Government Footprint

The last few months have been a whirlwind in American politics. Much of the news, especially during the early months of 2025, revolved around the Department of Governmental Efficiency (“DOGE”). The department, led publicly by Elon Musk, has set out to reduce federal spending in a myriad of ways, including reducing the government workforce, rescinding federal contracts, and reducing the federal government’s real estate footprint. 

Unsurprisingly, DOGE’s work so far has been extremely polarizing within the United States (for a long list of valid reasons). However, the initiative to reduce the amount of commercial real estate owned and leased by the federal government is not a novel initiative; in 2015, President Obama’s administration released Budget Memorandum M-12-12, Promoting Efficient Spending to Support Agency Operations, colloquially known as the “Reduce the Footprint” memorandum. The current focus on reducing the federal real estate footprint presents an interesting opportunity for real estate developers, and the federal government’s rush to sell buildings and terminate its existing leases may have a profound impact on the local communities. 

Tuesday, March 25, 2025

Maybe You Should File That Form D After All?

As a lawyer who frequently works with entrepreneurs raising capital, we are often called on to assist with compliance with state and federal securities laws. For those who don’t know, when you sell a “security” in a private offering, you need to have exemptions from both state and federal registration requirements for offerings of securities. In case you were wondering, a “security” is any instrument that has a future value tied to the success of the enterprise (e.g. common or preferred stock, promissory notes (convertible or otherwise), or SAFEs).

While there are other exemptions available in certain situations, by far the most common exemptions used are those under Regulation D. The SEC’s fiscal 2023 report indicates that $2.7 trillion has been raised in Rule 506(b) offerings, with an additional $169 billion in Rule 506(c) offerings (using general solicitation and verification of accredited status of investors), and $258 million in Rule 504 offerings.

Friday, March 21, 2025

Ode to Eggs

Since I love eggs for breakfast and they’ve been in the news quite a lot lately, I decided to write my first post for entreVIEW about them! They’re simple, quick and high in protein. While I wasn’t always so fond of eggs, somewhere in my adult life I began eating eggs for breakfast almost every day—preferably scrambled or over-medium with a dash of hot sauce.

I’m sure you’ve noticed the lack of eggs in grocery and convenience stores over the past couple of months. As we near the month of April, which is one of the highest demand months of the year for eggs (given the Easter Bunny’s mutual appreciation for the item), I’m expecting to see fewer eggs in stock and higher prices for a dozen eggs. One expert predicts that egg prices may soar as high as $10/dozen! Might that be enough to change my morning breakfast ritual? Probably not. Assuming I can find them, I’d prefer to reduce my spending in other ways than change my breakfast routine.

Wednesday, March 12, 2025

What Personal Information of Yours Can be Accessed by Anyone? or

Does driving (a paddleboard) without a license warrant a permanent criminal record?

As the ice is melting on nearby Cedar Lake in Minneapolis, my not-so-distant memories turn to swimming, canoeing, kayaking and paddleboarding in the calm and pristine water. But I also have other darker memories of this lake.

On July 12, 2014, a greyish overcast early morning with no one else on the lake, my son, daughter-in-law, and I were enjoying a relaxing paddleboard excursion. Our serene paddling was suddenly interrupted by the sound of a motor as a boat came through the channel and headed our way.

Thursday, March 6, 2025

The AI Revolution: Tech is Taking Over

Artificial intelligence isn’t just tech jargon anymore—it is the headliner at the global innovation festival. From self-driving cars to AI-powered investment tools, AI is flipping industries upside down and rewriting the startup playbook. PwC estimates that AI will add over $15 trillion to the global economy and boost local GDP by 26% by 2030, with the broader market projected to hit $826 billion in just five years.

That’s not just a stat—it is a wake-up call. AI has shifted from a niche subject to a main stage act, captivating everyone from Fortune 500 execs to founders and innovators who are either building with AI or competing against those who are. 

I remember back in law school, grinding through legal textbooks until 2 a.m. and the struggle was real. Fast forward to now, and tools like ChatGPT can solve a semester’s worth of problems in minutes. For entrepreneurs, this isn’t just technological progress — it is a massive shift in the rules of the game. The message is clear: adapt fast or get left behind. Or, as 50 Cent would say: “Get Rich or Die Tryin’.”