Planning for Success(ion)

My wife and I had our first child late last year. As any new parent quickly discovers, having a baby comes with an impressive list of things to worry about. Some are immediate and often. Is he eating enough and when did he last eat? Why won’t he sleep? Why is he crying? Does he like me? Is having the TV on really that bad for him? 

Others are considerably less immediate, but much more uncomfortable. What happens to him if something happens to me?

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.

The 4th of July and the Entrepreneurial Spirit: Lessons from the Fireworks Stand

I recently crossed the border from Minnesota into South Dakota and didn’t need a road sign to know it. Every year, small-town sidewalks, empty parking lots, and even highway roadside corners transform into temporary centers of commerce – the fireworks stands. They seem to appear overnight: simple structures selling sparklers, rockets, and Roman candles, but behind them is a surprisingly familiar story to anyone in business.

The Fourth of July is more than a celebration of independence.

You May Want to Keep Some Secrets From the Robots

Let’s talk about Large Language Models (LLMs)—you know, those remarkably helpful AI tools that can draft your emails, refine your pitch deck, (maybe even help you write a blog post…) and, in certain cases, have the unintended consequence of undermining your patent strategy.  A true multitasker.

If you’re working on a new invention or idea, you’ve probably considered pasting your idea into an AI tool to “see what it thinks.” Maybe you wanted help sharpening the concept, drafting a description, or stress-testing your thinking. If nothing else, your friendly AI bot is bound to tell you what a great idea you’ve got so that you’ll like it even more!

USPTO’s Adoption of AI to Reduce Pendency in Patent and Trademark Applications

In a prior post back in January 2025, I discussed the potential for increased delays in patent and trademark applications due to numerous factors, including increased filings in both patent and trademark applications, hiring freezes for new examiners, possible reduction in the examiner workforce due to eliminated work-from-home positions, and across the board fee increases. In fact, in 2025, the United States Patent & Trademark Office (USPTO) saw major increases in pendency for both patent and trademark applications. The USPTO, aware of complaints from applicants and IP practitioners, has made concerted attempts to improve efficiency without compromising accuracy and quality. The Office has recently taken numerous steps to improve the application process for new and pending applications by introducing new AI tools developed by the agency to help streamline the process.

Congratulations on forming a company!

You’re creative enough to have an idea that can be brought into commerce and disciplined enough to do the work to get here. You have likely defined your concept, conducted market analysis, created a business plan, and formed a company to both establish a liability shield and help you build value in the enterprise.

So…now what? I’m asked this question often by entrepreneurs, and my answer is simple: use your BRAIN.

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. 

MN Cup Applications Are Open!

It’s that time of year again!  No, not eggnog and carols, not leaves falling, not cabin season (quite yet…), but time for aspiring entrepreneurs to apply for entry in the MN Cup.  For those who are not frequent readers of entreVIEW and don’t know about the MN Cup, it is the largest annual business plan competition in the country for emerging entrepreneurs.

Latest from the Office of Small Business Advocacy

I’ve written previously about the SEC’s catchily-titled Office of the Advocate for Small Business Capital Formation (OASB). In summary, the OASB was created to support emerging companies through education and guidance on capital raising and other formation/start-up issues, to provide analysis and policy recommendations, and (as the name suggests) to advocate on behalf of emerging companies and their investors, with an eye to the perspectives of, and impacts on, small businesses. 

In January 2026, the OASB released its Staff Report[1], required as part of the Office’s statutory mandate, summarizing its work and presenting research and information on capital formation and

2026 Legal Guide to Privacy and Data Security Now Available

Is your business or non-profit organization compliant with federal, state, and global data privacy laws?

Our 2026 edition of A Legal Guide to Privacy and Data Security, a comprehensive resource designed to help businesses and organizations understand and manage the rapidly evolving landscape of privacy and data security laws in the United States and worldwide has been published by the Minnesota Department of Employment and Economic Development (DEED).

Corporate Formalities: A Necessary Long Game

A common pitfall of many entrepreneurs and startups is a failure to adhere to even minimal corporate “formalities” or good governance practices that can contribute to their long-term upside (positively or negatively). Corporate formalities entail things like entity formation, taking minutes at meetings, keeping reasonably detailed and up-to-date records, and the like. 

For entrepreneurs, the most important place to start is choosing the appropriate type of business entity and filing the necessary documents to legally form that entity with the appropriate state authority.

Artificial Intelligence and Your Business: What Founders Should Know Before Making Representations and Warranties

Artificial intelligence (AI) is no longer just a buzzword; instead, it’s a practical business tool that companies of all sizes are integrating into operations, products, and services. From automating routine tasks to generating insights from data, AI is transforming how entrepreneurs build and scale their businesses. But with great opportunity comes important legal and strategic considerations, especially when it comes to what founders say about AI in contracts, pitches, and marketing. I have already seen representatives and warranties regarding the usage of AI in real-life contracts in my practice! I guess the world really evolves FAST (I still remember the time when I used a flip phone and dictionary)!

Purple Rain and Prince as Entrepreneur

Last night, I had the privilege to attend Opening Night of the world premiere of the Broadway Bound musical, “Purple Rain” at the Historic State Theatre in Minneapolis. You can see from the photo that I even “glammed up” my outfit a bit for the premiere and post-show party at First Avenue! I guess being the current Board Chair of Hennepin Arts made me want to fully embrace the opportunity!

A little background. Frequent readers of entreVIEW all know I am a musical theatre enthusiast. I’ve posted about musicals more than a dozen times over the year…even including this post back in 2012 about a musical that I have written. You may not know that I am also a huge Prince enthusiast!  Of course, as someone who grew up in the Twin Cities and witnessed the rise of the Purple One to superstardom, I would have been in the minority if I hadn’t been. The original “Purple Rain” movie was an iconic moment. I saw it opening night (and another time or two) and the album (yes, it was vinyl) and cassette (what else would one have listened to in your car?) were pretty much on repeat throughout the second half of 1984.

The Startup Hunger Games: Survival Tips for Entrepreneurs

In 2025, building a startup feels more like surviving The Hunger Games than building a business. Venture capital has been tight, interest rates are high, and only the most resourceful founders emerge from the arena with funding intact. But the tide may be turning, according to Crunchbase data: global venture funding climbed to $97 billion in Q3 2025, up from $92 billion in Q2 closing up 38% year over year. AI startups dominated, capturing over 46% of total funding, with just eighteen companies securing one-third of all capital deployed. This intense capital concentration favors founders who are disciplined, legally sound, and ready to scale. History backs them: Airbnb, Uber, and Slack were all born in downturns. The entrepreneurs who survive 2025’s volatility are not riding the wave —they are building enduring businesses that will thrive when the market rebounds.

Joy: The Musical: An Entrepreneurial Story

People who know me, even just a little bit, know that I’m a passionate fan and supporter of musical theatre. Truth is that my wife and I (two lawyers with a spreadsheet) have seen just under 800 unique musicals together in our adult lives. 

Even if you don’t know me but have been a regular reader of entreVIEW (are there any regular readers?), you’d also know this because I have frequently written about musical theatre for this blog, including my very first real post on this blog over 14 years ago, which was about the Spider-Man Musical. I’ve also written about other musicals, including "Finding Neverland," "Ernest Shackleton Loves Me," "Matilda," and couple of favorites, "Here Lies Love," and, of course "Hamilton." In case that isn’t enough to show my passion for musicals I’ve also written about the musical I wrote, "Pickle-Chiffon Pie: The Musical," which has now been produced three times!  

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.

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. 

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.

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.

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’.”