Showing posts with label Common Sense. Show all posts
Showing posts with label Common Sense. Show all posts

Monday, May 18, 2026

The Risks of AI Notetaking

While we heard it here first from our very own Dan Tenenbaum (Keep that Bot Out of Your Boardroom), the New York Times’ recent article, “All Those A.I. Note Takers? They’re Making Lawyers Very Nervous,” underscores—and sharpens—a number of risks that companies should be thinking about before inviting AI notetakers into board meetings, strategy sessions, and everyday corporate discussions.

Described as a “ticking time bomb,” AI notetakers create a near-verbatim, searchable, and durable record of every utterance, off-hand remark, inside joke, and speculative comment made in a meeting. In the abstract, that may sound like good governance. In the context of litigation or regulatory inquiry, it can be deeply problematic.

Wednesday, March 25, 2026

What Every Startup Should Know Before Signing Its First Office Lease

For many early stage companies, signing that first office lease feels like a milestone—tangible proof that the idea is becoming a real business. But commercial leases are not like apartment leases. They’re dense, heavily negotiated contracts drafted to favor the landlord, and mistakes made at this stage can follow your company for years. It is important to consider a few key lease provisions before making a decision that can influence the success of your business. 

Thursday, July 3, 2025

Startup Law 101: 5 Mistakes That Can Blow Up Your Startup – Don’t Sign the “totally fine” ChatGPT Contract

Startups move fast, but legal mistakes move faster—and they hit harder. Whether you’re bootstrapping or backed by big VC, your lawyer isn’t just a formality—they’re your firewall. Too many founders treat legal like an afterthought, then wonder why things explode. From boardroom to courtroom, these are five founder mistakes that separate the bold from the bankrupt. So, before you launch that app, hire that friend, or sign that “totally fine” ChatGPT contract, read this:

1. Don’t Wait Until You’re in “Oh Sh*t” Mode to Call Your Lawyer

In the startup world, things move fast—your legal strategy should move faster. Waiting to bring in counsel until there’s a co-founder fallout, a misfired contract, or a surprise lawsuit is like trying to install brakes after your Tesla hits 90 mph. We’ve seen it all: 

  • One founder stops showing up but still owns half the company because no one drafted a real agreement. 
  • Someone grabs a one-page operating agreement off Google that leaves you stuck with default state rules that don’t fit your company’s needs. 

A little legal foresight upfront saves hours of cleanup later.

Thursday, December 19, 2024

The Regulation Burden and Small Businesses

Ever since the passage of the Corporate Transparency Act (CTA) in 2021, business attorneys (and, hopefully, small business owners) have been analyzing, preparing for, complaining about, and deciphering the CTA and the required beneficial ownership reports required by it. Recently, several events have increased the emphasis on the CTA, including the fast-approaching original deadline of January 1, 2025 for companies formed prior to 2024, and the decision by a Federal Court in Texas to grant a nationwide preliminary injunction against the enforcement of the CTA. After having spent a year in the CTA trenches, I’ve seen first-hand how burdensome it can be for business owners to satisfy, and it piqued my curiosity as to the cost of complying with regulations as a small business owner in the United States.

The regulation burden in the United States – while having its merit for protecting individuals and consumers – is staggering. I recently reviewed a study conducted for the National Association of Manufacturers entitled “The Cost of Federal Regulation to the U.S. Economy, Manufacturing and Small Business.” In this study, the National Association of Manufacturers found that the cost of federal regulations to the U.S. economy totaled $3.079 trillion dollars (yes, trillion with a “T”) in 2022, with an average annual compliance cost to a U.S. firm of $277,000 dollars. For small manufacturers (as defined in the study), the cost was about $50,100 per employee to comply with these regulations.

Thursday, September 26, 2024

So Many Things To Do; So Little Funding To Do It

The start of a new business is a pivotal time for any entrepreneur. Unless you happen to be a serial entrepreneur who has played this game before, you are likely overwhelmed with your to-do list and rarely feel like you have a good sense of whether you are making the right strategic choices for your fledgling company. Many first-time entrepreneurs are laser-focused on the product or service they are hoping to bring to the masses, but with that laser focus they may overlook some important considerations, like having the proper legal protections in place.

Even those entrepreneurs who have thought through legal considerations as part of their business planning process often try to get by with the bare minimum in the early days. Let’s be honest, the term “legal” often conjures thoughts of grey clouds in an entrepreneur’s otherwise sunny and optimistic vision for their new company. One of the key drivers of a start-up not putting in place all the legal protections that will help it to be successful as it continues to grow is a lack of funding to obtain expert advice. With minimal available resources, most entrepreneurs prefer to focus their initial dollars on getting their product or service to market.

Friday, August 23, 2024

Michael Lewis, The Big Short: Inside the Doomsday Machine (W. W. Norton & Company, 2010)

As summer begins to wind down, and as we begin to anticipate less of the happy and carefree and more of the autumnal nose-to-the-grindstone vibe, may I suggest a beach read that has enough substance to satisfy even the most focused entrepreneurial reader?

You may know this author from some of his other books, including The Blind Side and Moneyball, also movies. You may know this story from the movie of the same name. If you don’t, skip the movie. The book is far more enlightening and entertaining.

Monday, March 4, 2024

Corporate Transparency Act Unconstitutional?

Just last Friday, a Federal District Court in Alabama ruled that the Corporate Transparency Act (CTA) is unconstitutional. For those who haven’t been following the implementation of the CTA—which you could have done right here at entreVIEW back in this August post or in this December post describing updated rules for 2024, or even this Lathrop GPM client alert from all the way back in June of last year—it is a potentially big deal to small companies.

Friday, December 15, 2023

Holiday Receiving and Giving

The end of the year is always a hectic time for everyone, with many holidays around the world. It is also usually a big time for retail businesses.

This year, retailers have settled the long debate on when the holiday season begins—the earlier the better, as reflected in the surge in Black Friday deals. According to the traditional explanation for Thanksgiving-linked Black Friday sales, retailers—after an entire year of operating at a loss (“in the red”)—supposedly begin to earn a profit (“move into the black”) on the day after Thanksgiving, mainly because shoppers begin to spend heavily on discounted merchandise.

Wednesday, December 6, 2023

Beware of Grinches Selling Counterfeit Goods

With the holiday season in full swing, shoppers are looking for the best deals in record numbers this year.

According to CNBC, major trade groups estimate that sales for the 2023 holiday season will be in the range of about $950 billion. Much of these sales will be driven by online shopping. Per Gallup, 92% of all holiday shoppers will buy at least one gift online this year, and 47% of all shoppers will buy most—if not all—of their gifts online. This year’s Cyber Monday was the biggest shopping day in U.S. history, with revenue reaching about $12 billion in sales.

Tuesday, October 17, 2023

What's the Catch?

As fall starts, so does collegiate sports. I recently sat down to watch one of the numerous Saturday college football games and heard the announcers discussing all the money this year’s collegiates were making through their recently sanctioned ability to use their name, image, and likeness (NIL).

This led me to thinking about how these young entrepreneurs are rapidly building their brands and generating income, but at what cost?

A recent article published by ESPN discussed an NIL deal involving current Chicago Bears rookie Gervon Dexter. Dexter signed an NIL deal with Big League Advance Fund in 2022 while attending the University of Florida. Dexter’s deal provided for Dexter to receive a one-time payment from BLA of $436,485 in 2022 in exchange for 15% of Dexter’s pre-tax NFL earnings for 25 years. For Dexter, this means paying BLA an estimated $1.008 million based on his present NFL contract terms ($6.72M over four years).

Wednesday, August 23, 2023

Fairness and Moderation in Negotiations – You Have All the Power; Should You Use It?

I recently came across a LinkedIn post about the use of negotiation power. The post argued that even when you have all the leverage, you would be wise to think through crushing your opposition just because you can.

As an attorney, I certainly understand the logic in this because you won’t always have the upper hand and people tend to have very long memories when it comes to people that push hard just for the sake of pushing. I like to believe that on an individual level most other people also adhere to some sort of unwritten rule that a little bit of fairness goes a long way, but when you move up to the level of a business it seems like this unwritten fairness doctrine tends to quickly go by the wayside (and yes, to some extent, we the attorneys are likely to blame).

Monday, August 14, 2023

Philip Bump, The Aftermath: The Last Days of the Baby Boom and the Future of America (Viking, 2023)


I write this sitting in front of a window open on a fine summer’s morning. On any other day, I’d be in an equally fine mood, but today I find my internet connection has suddenly gone missing and, after seven hours on the phone with my “helpful” ISP, I am still accessing the online world through a supremely unstable iPhone hotspot. Insert “OK, Boomer” comment here.

Yes, this is a first-world problem, but it’s one problem those of us in the Boomer generation would never have anticipated—let alone imagined—30 years ago. It is a problem, as Bump argues here in this biography of my generation, that arises from the shift in society’s focus away from us old-timers. “Younger Americans,” he writes, “now dominate a cultural conversation that often depends on the sort of technologies that have emerged only relatively recently.”

Tuesday, July 11, 2023

Fireworks for Entrepreneurship

Another fourth of July holiday weekend has come and gone and so too with it the excessive amount of food, pool time, and, last—but not least—fireworks!

As a transplant in America, the festivities and excitement for the July 4th holiday always surprised me – until this year. My son, Luca, who is now 18-months, was able to properly celebrate the holiday for the first time. As for most toddlers, for him the holiday was a culmination of all his favorite things to do – eating his favorite foods (especially ice cream and popsicles), playing with his cousins, jumping in the pool, having his dad’s undivided attention, and, of course, watching fireworks.

Wednesday, May 10, 2023

Rinker Buck, Life on the Mississippi: An Epic American Adventure (Simon & Schuster, 2022)

In an effort to be timely and topical, I thought about writing something about the coronation of the new titular leader of our closest ally, but—let’s face it—this subject is of limited interest except to the most devoted Anglophile. And, aside from commenting on the huge amount of capital that must have been expended in this exercise, there wasn’t much I could think of in relation to this event that has instructive or inspirational entrepreneurial overtones.

So I turn instead to a story of plain old American ingenuity. In the early days of the American republic, soon after we had overthrown the shackles of colonial status and our allegiance to this leader’s ancestor, the distance between nascent agricultural settlements and trade ports considerably hindered economic development. It didn’t take long, though, for those on the western side of the Appalachian Mountains to discover that they could use rivers as an economical way to float goods to market in New Orleans via the Ohio and Mississippi Rivers. Even the flatboats used for this purpose themselves generated revenue: after arriving at market, they would be disassembled and the wood sold or repurposed.

Wednesday, February 22, 2023

Will Machine Learning Make Us Less Intelligent?


If you are wondering whether I used AI to write this blog post, the answer is no. This will soon become obvious since no respectable AI program would go off on tangents as much as I do.

Having graded many undergraduate student essays, it is very disheartening to know that students can now ask a computer program to write a full essay for them on just about any topic in a matter of minutes. Will this new machine learning craze fundamentally change the next generation’s ability to do basic, fundamental research and writing?

Friday, November 18, 2022

The Allure of a Family Business

I recently attended an event where the former CEO of a well-known company discussed what it is like to run a family business. The first thought that went through my head was “wow, if all the members of my extended family owned a business together it would be an absolute disaster!”

While I still whole-heartly agree with that statement, I also got to thinking about many of the benefits that would come from being part of a family business. Of the people I know who are actively involved in a family business, which is surprisingly a lot when I stop to think about it, almost all of them have commented on the sense of purpose that they get from their work.

Friday, June 17, 2022

Is that the Real McCoy?

Counterfeit products are fake goods designed, packaged, and branded to look like the real thing. They were historically of a lesser quality. For many years, the counterfeit market was considered a problem primarily for manufacturers of well-known luxury or high-end consumer goods such as name-brand clothing, shoes, purses, shoes, watches, jewelry, and electronics.

The fake items were sold by street vendors to persons who might not be likely customers for the genuine products, so actual “lost sales” to the brand owner were questionable. In most of these situations, purchasers would have (or should have) a fairly good idea that they were not purchasing a genuine product, so lack of quality would not be a surprise or blamed on the brand owner.

Wednesday, May 4, 2022

Brian Klaas, Corruptible: Who Gets Power and How It Changes Us (Scribner, 2021)

It’s a view of human nature that we all accept. It tends to shape how we view our political affairs, our economic institutions, our business practices, and really any realm of human endeavor. It is expressed as an aphorism of only two words: “power corrupts.”

Political Scientist Brian Klaas—a Minnesotan, a contemporary of one of my daughters at a local high school, a graduate of two institutions of higher learning with which I am familiar, and now a professor at the University of London—has set out to examine this idea in light of the question, “Does power corrupt or are corrupt people drawn to power?”

The answer, it seems, is yes—both are true. While Klaas’s analysis focuses on obviously nefarious activities, he includes some aspects of corporate endeavor and business behavior along the same spectrum. His focus is on people who have wielded “enormous power,” be they “cult leaders, war criminals, despots, coup plotters, torturers, mercenaries, generals, propagandists, rebels, corrupt CEOs, [or] convicted criminals.”

Thursday, March 31, 2022

Spectacular Failures: Case Studies of Business Implosions

For those of us who are avid multitaskers and prefer to consume our media aurally, podcasts are a great source not only of entertaining content but also new and valuable information. It can be intimidating to jump in on a long-running podcast with potentially hundreds of episodes, so I’d like to highlight a shorter series consisting of twenty standalone episodes: Spectacular Failures.

This podcast by American Public Media and the Carlson School of Management at the University of Minnesota examines one corporate catastrophe in each episode, taking an irreverent but educational approach to documenting each business’s rise and fall. Many episodes trace the collapses and scandals of corporate giants such as Pan Am and Forever 21, but others examine events involving smaller, more local businesses, such as the Los Angeles-based restaurant Squirl’s moldy jam scandal that went viral in 2020. The “spectacular failures” covered in the podcast range in date from the Triangle Shirtwaist Factory fire in 1911 to the current state of the NYC taxi industry, illuminating key points in the history of American business over the past century.

Thursday, November 11, 2021

F. Scott Fitzgerald, The Great Gatsby (1925)

It’s been a long pandemic. While there seems to be light at the end of the tunnel, it still feels like we’re limited in what we might otherwise feel comfortable doing wherever there are a lot of other people around. For a reader like me, you’d think that would be great news, right?

Except that, for purposes of entreVIEW, I seem to be running out of books that have any real entrepreneurial content to them. When’s the last time you saw a book proclaiming that this is a great time to start a business? Yeah, I thought so. (But do check out this post from a fellow EntreVIEW editor.)