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.
Monday, May 18, 2026
The Risks of AI Notetaking
Wednesday, March 25, 2026
What Every Startup Should Know Before Signing Its First Office Lease
Thursday, July 3, 2025
Startup Law 101: 5 Mistakes That Can Blow Up Your Startup – Don’t Sign the “totally fine” ChatGPT Contract
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
Thursday, September 26, 2024
So Many Things To Do; So Little Funding To Do It
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)
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?
Friday, December 15, 2023
Holiday Receiving and Giving
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
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?
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?
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
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
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?
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.”










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