Entrepreneurial and Small Business Operations Commons^™

Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman

Indiana Law Journal

How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is one in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and nonpublic information through the lens of social science —namely, principles of trust.

Patent law’s public use bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows that current …

Relationships Between Critical Business Performance Variables And Solo Criminal Law Practitioners Success, Renee Norris-Jones

Walden Dissertations and Doctoral Studies

Growing numbers of America's 1,281,432 active licensed attorneys open their own law firms due to strained employment opportunities. With 50% of small businesses failing within 5 years, and solo law offices accounting for 75% of attorneys in private practice, there is a need for preparing solo criminal law practitioners for business success. Some solo criminal law practitioners do not understand the critical business performance variables that impact small business success. The total population for this quantitative correlational study included solo criminal law practitioners from the Philadelphia Bar Association Legal Directory and Pennsylvania Association of Criminal Defense Lawyers members. Barney's resource-based …

Small Business Policy Index Traction And Movement In Rankings Of States Update: 2000 To 2016, Pradip K. Shukla, Monica P. Shukla

Business Faculty Articles and Research

Given the volatile economic climate faced in the United States and globally since 2015, there is a desire by politicians in 2016 to increase state economic and business growth. As small businesses are the main driver of business growth in state economies, focus is placed upon the policy environment of a state to encourage state level growth in entrepreneurial activities aimed at small business creation and survival.

The Small Business and Entrepreneurship Council an advocacy and research organization dedicated to protecting small business and promoting entrepreneurship has annually prepared a “Small Business Policy Index” that ranks states according to some …

Family Law And Entrepreneurial Action, D. Gordon Smith

Faculty Scholarship

In "The Contractual Foundation of Family-Business Law," Benjamin Means aspires to lay the groundwork for a law of family businesses. In this brief response essay, I suggest that a workable family-business law along the lines suggested by Means is consistent with an overarching policy in the United States of promoting entrepreneurial action, and I evaluate the proposal against this policy goal, with particular attention to Means’s arguments in favor of “family-business defaults” and his concern over the potentially disruptive role of fiduciary law.

A Handbook For Inventors And Innovators: Technology Commercialization At The University Of Nebraska–Lincoln

NUtech Ventures: Publications

Overview: Director’s Message * Commercialization * Technology Transfer Process * Benefits * Resources

Sponsored research: Process * Bayh-Dole Act * Funding Resources

Invention disclosure: Who * What * When * Why

Intellectual property: Patent * Other Forms of Intellectual Property * Criteria * Barriers to Patenting * Life of a Patent * University Ownership

Commercialization: Licenses and Licensing Process

NUtech Ventures’ mission is to commercialize technologies generated from the research and creative activities of the University of Nebraska–Lincoln. Namely, NUtech Ventures seeks to facilitate the transfer of innovations from the “lab to the marketplace” for the benefit of society. This …

Startups And Unmet Legal Needs, Alice Armitage, Evan Frondorf, Christopher Williams, Robin Feldman

Utah Law Review

Our survey results demonstrate that startup companies are exposed to a wide variety of legal needs from an early stage: when attorneys associated with the Startup Legal Garage were asked to handle a company’s most pressing legal needs, the average startup received assistance with over three distinct legal matters over the course of a thirteen-week academic semester. These issues often spanned multiple categories. Although matters frequently touched on a variety of topics within companies, strong similarities emerged in the types of issues faced by all startups in our sample. Almost 90% of the legal matters addressed by Startup Legal Garage …

Success Strategies Saudi Entrepreneurs Used To Navigate Through Regulations In Jeddah, Farah Mehar Spencer

Walden Dissertations and Doctoral Studies

Saudi Arabian entrepreneurs face major difficulties with the country's complex regulatory system. Based on Schumpeter's theory of entrepreneurship, the purpose of this phenomenological study was to reveal the lived experiences of Saudi entrepreneurs in navigating regulatory procedures in Jeddah. Data were collected through prolonged, face-to-face phenomenological interviews with 22 Saudi businesspeople who started successful businesses. The van Kaam method and member checking helped validate the transcribed data, which were subsequently coded into 4 themes. Four themes emerged from the data analysis: (a) obstacles in regulatory processes, (b) lack of information, (c) cumbersome procedures and need for alternatives to stringent protocols, …

The Implications Of The Trans-Pacific Partnership For Smes: Opportunities And Challenges, Heng Wang

Research Collection Yong Pung How School Of Law

The Trans-Pacific Partnership (TPP) will have profound implications for small and medium-sized enterprises (SMEs) within and beyond the free trade area. SME issues get more attention in the TPP than previous FTAs. Since there is limited research on the impact of the FTAs on SMEs, it is of great significance to probe into the practical implications of the TPP for SMEs. The key question will be analyzed: what are the challenges and opportunities that the TPP hold for SMEs? It is argued that, first, the support to SMEs, tariff elimination or reduction, and the reduction of non-tariff barriers are major …

Pricing Disintermediation: Crowdfunding And Online Auction Ipos, A. Christine Hurt

Faculty Scholarship

No abstract provided.

Battle Of The Streets: Food Cart Edition, Ninna Mendoza

Tredway Library Prize for First-Year Research

Through this paper, I wanted to highlight the unique struggle of food carts in Chicago, IL. Unlike other major cities in America, in Chicago, it is illegal to sell freshly prepared food from a cart. However, given the unique characteristics of food carts, legalizing this practice could greatly benefit the city and its people.

Agenda: Seeds Of Change: Responding To Global Change In A Bottom-Up World, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law, Posner Center For International Development, Resolve (Firm), Newmont Mining Corporation

Seeds of Change: Responding to Global Change in a Bottom-Up World (Martz Winter Symposium, February 12-13)

Sponsors: Posner Center for International Development, RESOLVE, Inc., Newmont Mining Corporation, and Getches-Wilkinson Center for Natural Resources, Energy, and the Environment.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, Britt Banks, and Lakshman Guruswamy.

This conference is made possible through the generous support of donors who sponsored this year’s Martz Sustainability Symposium (including Newmont Mining Corporation) and those who have invested in our Clyde O. Martz Endowed Fund for Natural Resources Management (including Brian Dolan and Davis Graham and Stubbs LLP). The Martz Natural Resources Management Fund was established in the memory …

Making Your Life More "Appy" And Productive! Apps And Technology Tips To Make Your Life Easier, Thomas J. Striepe

Continuing Legal Education Presentations

Developers are continuously creating apps to meet customer needs however unique they may be. Therefore developers have created a multitude of apps to help attorneys in their professional responsibilities.

This paper will describe various apps that will be beneficial to you in your daily life. It will first review some general productivity apps that will assist you in general day to day tasks, the paper will then provide some productivity apps that have been created specifically for legal practitioners. Finally the paper will discuss some legal research apps and let you know about some miscellaneous apps that will assist you …

Newsroom: Ahern "07 Leads Ced Clinic, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Ip Basics: Trademarks And Business Goodwill, Thomas G. Field Jr.

Law Faculty Scholarship

This is information all business owners need if they wish to preserve their hard-won goodwill. It discusses, for example, the important differences between strong and weak marks for products and services, the value of state and federal registrations and the importance of searches (to avoid wasting money).

Ip Basics: Seeking Cost-Effective Patents, Thomas G. Field Jr.

Law Faculty Scholarship

This discussion briefly explores the range of intellectual property options in view of the nature of inventions and their market value, particularly for entrepreneurs. Specific strategies for controlling ever-increasing patent costs in the face of market uncertainty. It does not recommend that inventors prosecute patent applications themselves, lest they get much less than they pay for.

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Law Faculty Scholarship

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law Faculty Publications

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …

New Technology And The Practice Of Law: Gear For Your Office And The Road, Maureen Cahill, Jason Tubinis

Continuing Legal Education Presentations

Provides guidance to legal professionals about ways that technology can make their practices more efficient, secure, and mobile. Includes discussion of hardware gadgets, helpful websites, and tips for comparing legal databases., as well as ethics considerations of electronic files.

Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby

Journal of Business & Technology Law

No abstract provided.

The Alien Tort Statute Of 1789 And International Human Rights Violations: Kiobel V. Royal Dutch Petroleum Co., Paula Alexander Becker

New England Journal of Entrepreneurship

Kiobel v. Royal Dutch Petroleum Co. involves an action under the Alien Tort Statute (ATS). The case was brought in the United States, Southern District of New York, by the widow of Dr. Barinem Kiobel, a Nigerian activist and member of the Ogoni tribe, and others for human rights violations committed in the Niger River Delta. Defendants include Royal Dutch Petroleum, Shell Transport and Trading Co., and Shell Petroleum Development Company of Nigeria. Although the human rights violations including murder and torture were allegedly committed by the Nigerian military government, it is claimed that the Royal Dutch Petroleum defendants aided …

Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman

Journal of Business & Technology Law

No abstract provided.

The Hang-Up With Hamburg: How Center For Food Safety V. Hamburg Will Alter The Food Industry, Joella Roland

Journal of Business & Technology Law

No abstract provided.

California – Land Of “Lawless Taxation” And The “Midnight Special”: Outlier Or Leader In A Growing Trend?, Mystica M. Alexander

The University of New Hampshire Law Review

[Excerpt] “Taxpayers in California recently found themselves the target of a retroactive grab for revenue by the Franchise Tax Board (FTB) in what has called an act of “lawless taxation” by the state of California. The source of the conflict was the Qualified Small Business Stock credit that had been in place in California since 1993. The tax credit, which was designed to encourage innovation and investment in California-based enterprises, allowed business owners who had at least eighty percent of their assets and employees in California to take a credit of fifty percent of the capital gain realized on a …

Leasing Space In New York City: A Practical Guide For Technology Start-Ups, New York Law School

Center for Real Estate Studies

On behalf of the New York City Economic Development Corporation, the Center for Real Estate Studies’ Capstone Seminar examined the various issues that growth-stage technology companies face when leasing office space in New York City. After compiling data from a variety of sources, including interviews with real estate and technology sector stakeholders and substantial legal research, the authors developed a practical guide for start-ups to use when negotiating a lease for office space. The guide identifies, in depth, the issues facing growth-stage technology companies in lease negotiations, provides practical advice on how to address those those issues, and suggests strategies …

Should Angel-Backed Start-Ups Reject Venture Capital?, Darian M. Ibrahim

Faculty Publications

The conventional wisdom is that entrepreneurs seek financing for their high-growth, high-risk start-up companies in a particular order. They begin with friends, family, and "bootstrapping" (e.g., credit card debt). Next they turn to angel investors, or accredited investors (and usually ex-entrepreneurs) who invest their own money in multiple, early-stage start-ups. Finally, after angel funds run dry, entrepreneurs seek funding from venture capitalists (VCs), whose deep pockets and connections lead the startup to an initial public offering (IPO) or sale to a larger company in the same industry (trade sale).

That conventional wisdom may have been the model for start-up success …

Carrots And Sticks: How Vcs Induce Entrepreneurial Teams To Sell Startups, Brian J. Broughman, Jesse M. Fried

Articles by Maurer Faculty

Venture capitalists (VCs) usually exit their investments in a startup via a trade sale. But the entrepreneurial team – the startup’s founder, other executives, and common shareholders – may resist a trade sale. Such resistance is likely to be particularly intense when the sale price is low relative to VCs’ liquidation preferences. Using a hand-collected dataset of Silicon Valley firms, we investigate how VCs overcome such resistance. We find, in our sample, that VCs give bribes (carrots) to the entrepreneurial team in 45% of trade sales; in these sales, carrots total an average of 9% of deal value. The overt …

Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner

Journal of Business & Technology Law

The legal market has changed. Although change creates uncertainty and fear, it also can create opportunity. This essay explores the opportunity for innovation in the business law curriculum, and the role of simulation to help create more practice-aware new lawyers.

Slides: What Laundry Can Teach Us: Five Principles For New Business Models, Teju Ravilochan

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Teju Ravilochan, CEO, The Unreasonable Institute

17 slides

Slides: Envirofit: Making The World Fit For Humanity, Jessica Alderman

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Jessica Alderman, Director, ENVIROFIT

15 slides

Slides: Multi-Dimensional Energy Poverty Index (Mepi), Morgan Bazilian

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Dr. Morgan Bazilian, Deputy Director, Joint Institute for Strategic Energy Analysis (JISEA), National Renewable Energy Laboratory (NREL)

8 slides