Thursday, August 20, 2026
Getting to the Bag: SBA Puts $20 Million Up for Small Businesses
Wednesday, August 12, 2026
The California Non-Compete Myth: What Startup Founders Should Focus on Instead
California's Longstanding Skepticism of Non-Competes
California has long taken a different approach to employee mobility than many other states. As a general rule, agreements that prevent employees from engaging in a lawful profession, trade, or business after leaving employment are unenforceable. For startup founders, this often comes as a surprise.
Wednesday, June 24, 2026
What Entrepreneurs Can Learn from the World Cup
Wednesday, April 22, 2026
Bitcoin as Property?
Currently, the IRS treats Bitcoin and other virtual currencies as property, not as currency, for federal tax purposes. According to IRS Notice 2014-21, transactions are taxed under general property principles – meaning selling, exchanging,
Monday, March 16, 2026
MN Cup Applications Are Open!
Thursday, January 15, 2026
Chiefs Touchdown for Kansas?
Wednesday, February 12, 2025
Tariffs and Trade Wars, and Taxes, Oh My!
Thursday, February 6, 2025
The Love for the Chiefs, the Love for the City!
This past holiday season, the Chiefs and Kansas City reached a whole new level – being the stars of a Hallmark Christmas movie. There were multiple cameos, many locations throughout Kansas City, and the spirit of Chiefsmas all wrapped into an hour-and-a-half movie. Kansas City has been booming with pride. The city is welcoming visitors at record levels as Visit KC (the region’s primary destination sales and marketing organization) deploys its “From the Heart” campaign to engage and drive more than 28 million visitors.
Tuesday, October 1, 2024
The Tragic Fall of the Tupperware Brand
Monday, September 16, 2024
The 2024 Paralympic Games
With all the excitement surrounding the Olympics this year, people were understandably disappointed when the Closing Ceremony wrapped up. A common sentiment I heard was, “Well, what do I do now?” I wanted to yell from the rooftops, “It’s not over yet!”
Friday, September 6, 2024
Fall, Football, and Figuring it Out.
About 72% of Americans identify as football fans, that’s more than 241 million people. Football is big business. The NFL generated roughly $20 billion of revenue in 2023 and during the Super Bowl, companies paid $7 million per 30-second commercial. College Football TV rights alone accounted for roughly $4 billion in 2023. That doesn’t include College Football’s merchandise, ticket sales, sponsorships, or any NIL deals, including the recent deal with EA Sports to use the Name Image and Likeness of current College Football players in their new videogame, “creatively” named (in a generic way my trademark colleagues would hate) “College Football 25.” Football is America’s favorite sport, but its also becoming the favorite business of many Americans too.
Thursday, July 11, 2024
Startups are Booming!
One of the many interesting side effects to the COVID-19 pandemic has been a reported boom in American startups.
On one hand, it makes sense. The world was faced with an almost unimaginable crisis that forced entire facets of society to pivot to new ways of operating. From zoom calls to facemasks, new needs required ingenuity and presented opportunities for entrepreneurs to answer the world’s problems. Many businesses repurposed themselves, adapting to the services they could and could not provide. And, of course, as social safety nets caught large droves of workers forced out, at least temporarily, from the workforce, it provided many people the space to reexamine their relationship with work, their families and the way they spend their time.
Friday, June 21, 2024
Recognizing Athletic Innovation at the Olympics
Monday, April 8, 2024
Last Call for 2024 MN Cup Submissions
Wednesday, January 31, 2024
Malcolm Harris, Palo Alto: A History of California, Capitalism, and the World (Little, Brown and Company, 2023)
One detail immediately stood out for me. It was difficult for me, a middle-class son of the Midwest, to come to terms with the fact that the undergraduate parking lot was filled with cars newer and more expensive than those I encountered on a daily basis in the suburban Twin Cities neighborhood of my youth. Nonetheless, I came to see Palo Alto as a wonderful place to spend three years, even if throughout that period I had a nagging feeling that there was something not quite “real,” for lack of a better term, about the place. It turns out this is a feeling I share with Harris, who grew up there. “There were signs,” he writes, “that, if Palo Alto was normal, it was too normal, weirdly normal.” Again, right on target.
Tuesday, August 30, 2022
WIPO Global Awards reward small and medium-sized enterprises making a global impact
WIPO is a self-funding agency of the United Nations (comprising 193 member states) that provides a global forum for IP services, policy, information, and cooperation. WIPO’s mission is to ensure a world where innovation and creativity from anywhere in the world is supported by IP rights for the good of everyone. An aim of the Global Awards is to recognize and support enterprises and individuals striving to make a positive impact through innovation both at home and beyond borders.
Monday, October 4, 2021
Minnesota Cup Finals: A Clean Sweep for the Student Division
In case you aren’t familiar with the program fostered by the Holmes Center for Entrepreneurship at the Carlson School of Management, the Minnesota Cup is a business plan competition (purportedly the largest in the country) to help identify promising Minnesota-based start-up businesses. Over the years, over 16,000 businesses have participated in the competition, which has awarded prize money of about $3 million dollars. It isn’t just about prize money because the competition also helps entrepreneurs hone their business plans and pitch deck and also access mentorship and other valuable connections. The competition reports that Minnesota Cup alumni companies have raised nearly $400 million in capital!
There are currently nine divisions in the competition and members of Lathrop GPM serve as judges in the general, high tech, and impact ventures divisions. Yours truly also has been serving as a judge in the student division for the last several years. It is always impressive to see great ideas from undergraduates and graduate students, many of whom have made considerable progress on their plans. This year’s crop of competitors in the student division was especially strong, making the judging that much more difficult.
Thursday, September 16, 2021
Fortnite and In-App Purchases, Continued
Taking the good news (at least for independent app developers) first, the court issued a nationwide injunction preventing Apple from prohibiting developers from including information in their apps and consumer communications regarding alternative purchasing mechanisms in addition to Apple’s proprietary in-app purchase system. This is potentially a very financially significant step, as Apple was previously requiring that developers of apps in its App Store only use Apple’s payment system for in-app purchases and was taking a commission of up to 30% on all such purchases. Now, developers will be able to inform customers about alternative channels to make these purchases, avoiding Apple’s commission, without being prevented from offering their app for download on the App Store. Consumers spend a massive amount of money on in-app purchases; one source estimates that consumers spent $32 billion on in-app purchases via the App Store and Google Play just in the first quarter of 2021. Many apps rely on in-app purchases for their profitability, and doubtless many developers will be very interested in avoiding Apple’s 30% commission, if possible.
As for Epic’s unsuccessful antitrust claim, a large part of the arguments turned on defining the “market” within which Apple was allegedly a monopolist. While somewhat technical, this fundamental struggle to define the relevant market goes to show how emerging technology does not necessarily fit easily within the boundaries of traditional legal or commercial analysis. Apple argued that the relevant market was the entire digital gaming market (featuring some interesting conceptual discussion of what, exactly, is a “video game”), whereas Epic argued that the relevant market was the market of all mobile apps running in the iOs ecosystem. The court disagreed with both, finding that the relevant market was that of “mobile gaming transactions.”
While this market may seem to be very narrow, the court noted that the “mobile gaming market itself is a $100 billion industry.” In fact, 70% of Apple’s App Store revenue was estimated to come from gaming apps as compared to other types of apps. The court ultimately found that Apple had about a 55% market share in digital mobile gaming transactions, with “extraordinarily high profit margins,” but that Epic had not produced enough evidence to show that Apple was a monopolist. The door appears to be cracked open for future monopoly claims against Apple, though, as the judge noted “the evidence does suggest that Apple is near the precipice of substantial market power, or monopoly power, with its considerable market share.”
For those interested in software, and particularly the mobile app market, the first part of the 185-page opinion is worth a read as it includes many interesting figures regarding consumer behavior and the app market. The Verge also has comprehensive discussion of this case for busy entrepreneurs who don’t have the time to (or interest in) reading legal opinions—especially if they aren’t suffering badly enough from insomnia to otherwise have a need to do so…
Epic has already appealed the court’s judgment to the Ninth Circuit, so this case is not over yet. It will be interesting to see whether the Ninth Circuit takes a broader view of the potential monopoly issues raised in this case and whether it agrees with the lower court that the relevant market is “digital mobile gaming transactions.” The universe of mobile apps has grown very quickly over the last decade and the legal system’s analysis will have to catch up. The fact that Epic succeeded in its challenge of Apple’s rule against developers informing consumers of alternate payment methods, however, suggests that app developers in other spheres might also start challenging the restrictions placed on them by Apple’s App Store and Google’s Play Store. And should Apple’s control over the market grow in the future, it’s possible that a new antitrust claim would succeed.
Wednesday, August 4, 2021
What Can an Entrepreneur Learn from the Olympics?
In any event, seeing a blog post on my “to do” list for this week in the middle of my Olympic binging led me to search for interesting Olympic entrepreneurial tidbits. What I found was quite a bit of content, including this article about Olympic athletes who are thriving as entrepreneurs. While many of the individuals listed had later success in sports-related businesses, their successes also included perfume, coffee, and the well-known George Foreman grill.
There are also many articles about lessons that entrepreneurs can learn from the habits of Olympic athletes (in articles like this one, this one, and, more recently, this one or this one). Let me summarize some of the common (and relatively obvious) takeaways, since you may not have time to read them all:
- It takes a team to be successful—don’t try and do it all yourself.
- Follow your passion—trying to build a business is a challenge in itself, but growing a business in something you are not passionate about is even more difficult!
- It takes hard work to be successful and you should be preparing to succeed from the very start.
- Stay focused on the long goal—ye
ars of training lead to Olympic success; it doesn’t happen overnight. Of course, you can always take the advice of Mark Spitz, the most successful American Olympic swimmer of all time—with 7 gold medals, all in world record time, at the 1972 Munich Olympics—until a guy named Michael Phelps hit the pool. Spitz’s take? “I’m not concerned with tomorrow, but with what goes on today.” - Flexibility is key—learn to roll with the punches because nothing goes as planned (remember all those hours training to culminate in Tokyo in the summer of 2020?).
Tuesday, June 29, 2021
NCAA Athletes May Get an Entrepreneurial Boon
For more than a century, the National Collegiate Athletic Association (NCAA) has sought to protect amateurism in college sports by preventing student athletes from being compensated for or otherwise profiting from their collegiate sports participation. Student athletes have been largely prohibited from receiving any compensation or benefits for playing college sports except for the direct educational benefits associated with the cost of attendance — scholarships, books, room and board, and, more recently, limited stipends for living expenses that could include travel costs. The ability of the NCAA to enforce these rules changed on Monday, June 21, when the U.S. Supreme Court unanimously ruled that restrictions under consideration in the case constituted an unlawful restraint of trade (Alston vs. NCAA).
The Alston decision addressed only the NCAA rules limiting the benefits schools can provide to student athletes. What specifically will change as a result of this decision is as yet unknown, but we will likely see some creativity among schools scrambling to enhance offerings to attract top athletes. Examples of previously prohibited benefits that may now be available include paid internships and graduate school scholarships, broader definition of what constitutes living expenses for stipends, and the removal of caps on disability insurance for injured athletes. NCAA rules that were not at issue in this case, but which are the subject of a separate antitrust lawsuit (House vs. NCAA), are the rules prohibiting student athletes from the commercial exploitation of their name, image, and likeness (NIL) rights.
Every person has NIL rights under legal theories of the “right of privacy” and the “right of publicity.” It is the right of each individual to prevent others from using his/her name, image, or likeness for commercial purposes, and at the same time to profit from his/her own exploitation of such rights. While it seems that every other aspect of the multi-billion dollar college sports industry has been exploited for commercial purposes, the NCAA has adhered to a strict prohibition of the rights of student athletes, even entrepreneurial ones, to profit from their own identities. Years of public pressure on the NCAA to relax its rules on this issue have been unsuccessful in bringing about any meaningful change by the NCAA, and now it may have lost its ability to control the issue.

















