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Seeking Venture Capital Investment? Don’t Rule Out the Possibility of Angel Investment
As a tech start-up lawyer, I receive almost daily inquiries from start-ups and entrepreneurs about how to obtain venture capital investment. I encourage many of those making the inquiries to explore the possibility of angel investment as well. In general, I find that start-ups and entrepreneurs are less familiar with the angel investment concept than…
Read MoreDoes a Start-up Need to Be Based in Silicon Valley to be Successful?
Does a start-up have the best chance to succeed if based in Silicon Valley? Or would the same start-up be just as successful, if not more successful, if it were based somewhere else? This firm has developed a large client base supporting start-ups and tech-focused small businesses outside of Silicon Valley, so we have personal…
Read MoreApplying Lessons From the Downturn to Run a Better Business Today
If you ran a business through the downturn as I did, then you probably experience the same nervousness that I do whenever you hear bad economic news or poor economic forecasts. However, whether you are building a business or a law practice, it’s important to recognize that many of the lessons we learned in surviving…
Read MoreConsidering a Move to Silicon Valley? It Would Be Prudent to Do Your Homework First
If you are a lawyer at a law firm contemplating opening a Silicon Valley office or a start-up contemplating moving the company to Silicon Valley, it would be prudent to do some serious homework on what you are getting into before taking the plunge. As many of you know, I relocated out to Silicon Valley…
Read MoreDepartment of Justice Reverses Course on Apple Encryption Case
The Department of Justice appeared to be reversing course in its case against Apple this afternoon, when it filed a motion to vacate the hearing scheduled for tomorrow in order to explore a possible method of decrypting the terrorist iPhone at issue proposed by a third party over the weekend. I have written more about…
Read MoreSilicon Valley SaaS Lawyer Kristie Prinz to Speak on “Negotiating Software as a Service Contracts”
Silicon Valley SaaS Lawyer Kristie Prinz will be presenting a webinar on “Negotiating Software as a Service Contracts” for Clear Law Institute on May 6, 2016 at 10 p.m. PST/1 p.m EST. To sign up to attend the webinar, please register through the Clear Law Institute website Clear Law Institute Website.
Read MoreSenate Bill Raises Concerns of Scope of Federal Regulation of Non-Commercial Drone Use
To what extent should drone activity be regulated by the federal government? That is the question being raised today by commentators in response to the U.S. Senate Committee on Commerce, Science, and Transportation’s approval of the Federal Aviation Administration (“FAA”) reauthorization bill (S. 2658). On one hand, the bill sets a two year time period…
Read MoreTrying to Keep Legal Costs Low? When Should you Consider Breaking the Bank on a Lean Budget?
In my experience, most entrepreneurs, start-ups, and small businesses want to limit their legal budget to the extent possible. But at what point will not finding the money to spend on legal fees do more harm than good and end up costing you more money? In my practice, virtually all of the expensive legal problems…
Read MoreChallenging the Silicon Valley Belief in the Necessity of Venture Capital
I would argue that there is a widely held belief among entrepreneurs in Silicon Valley that you can’t build a successful company without venture capital money. However, the average company in Silicon Valley or the rest of the United States never receives an investment of venture capital. Are the companies launched without an investment of…
Read MoreIt Pays to be Cautious When Asked to Sign a Contract with an Employer
As a Silicon Valley tech transactions attorney, I regularly receive calls from engineers, developers, and other employees in the technology industry who have concerns about something that an employer has asked them to sign in the past or is asking them to sign at the time of the call. Inevitably the person calling is torn…
Read MoreBuilding a Successful Business based on the Commercialization of an Open Source Product
It’s not every day that I get a call from an entrepreneur or start-up looking for representation in conjunction with an open source-based business, but the question of how to develop a profitable company when your business is built around an open source product interests me as a software attorney, since if you know anything…
Read MoreCould a Strategic Alliance With the Right Business Partner Accelerate the Growth of Your Business?
If you are an entrepreneur or you work at a start-up or small business, you have likely spent many hours contemplating how to grow the business to the next level. If you are honest, it is probably the one thing that is almost always on your mind, even in your so-called leisure time, assuming you…
Read MoreContemplating a Response to a Patent Troll? You May Want to Consider this Company’s Example
If you are in the technology industry, then you are likely familiar with the concept of the “patent troll” and realize that it is almost inevitable your business will at some point be approached by one. Patent troll demand letters have unfortunately become one of those business realities that every technology business just has to…
Read MoreLatest Data Breach Involving Taxpayer Data Stored in Tax Preparation Software Suggests Need for Greater Government Regulation
With all the recent calls for greater FTC regulation of consumer data generally, it’s interesting that there has been very little commentary about the need for greater regulation of taxpayer data. However, the disclosure of a second data breach since the first of the year affecting a major tax preparation software company suggests that consumers…
Read MoreNegotiating Your First Big Deal as a Start-Up or Entrepreneur? How to Pick the Right Lawyer to Get it Closed
If you are a start-up or entrepreneur and are on the verge of landing your first big business deal, you may be wrestling with the idea of hiring a lawyer for the first time to assist you on negotiating and reviewing your important business contract. It may be tempting to call the firm you are…
Read MoreWhat Were the Most Significant Internet Developments in 2015?
Internet lawyers habitually follow trends and developments in Internet law. My colleague Santa Clara Law Professor Eric Goldman has just compiled his latest list of what the top Internet developments were in 2015. Among the items making his list are the well-publicized Ashley Madison database breach, stronger geographic borders on the Internet, and the FTC’s…
Read MoreDo entrepreneurs focus excessively on landing venture capital?
In my work with entrepreneurs and new business ventures, I am often surprised to find how many of them are convinced that they cannot build a business without venture capital financing and how few of them have even considered the idea that there might be very good reasons why they should not pursue venture capital…
Read MoreFTC Signals to Health Software Companies an Intention to Increase Scrutiny over Advertising Claims
The FTC has just reached a settlement with Lumos Labs over claims that the company was deceptively advertising the health benefits of its Luminosity software program. The FTC’s action over this issue should serve as a warning to the health software industry regarding how health software companies are advertising their products. I addressed this issue…
Read MoreAvailability of Contingency Fee Deals Could Generate Increased Patent Litigation from Tech Transfer Offices
Is an uptick of patent litigation initiated by university tech transfer offices on the horizon? The Tech Transfer eNews Blog is reporting that law firms are increasingly extending contingency fee deals to universities, and that this move is eliminating the barriers preventing universities from pursuing patent litigation. The article is linked here: Contingency Fee Deals…
Read MoreTurmoil within Developer Community and Not Legal Challenges Could Doom Bitcoin
Does Bitcoin have a future, and if so, what will that future look like? This is the fascinating question posed by The New York Times today in a profile story about one of the core developer’s loss of faith in the future of the currency as a split has emerged in the developer community over…
Read MoreShould FTC Regulation Increase Over Commercial Use of Data?
Should the Federal Trade Commission be doing more to regulate how businesses are using consumer data? The LA Times just ran a column by David Lazarus where he took that position and argued that U.S. privacy laws should be more like European privacy laws, where there is a “right to be forgotten.” He makes…
Read MoreTechnology is Not Eliminating Need for Lawyers But Making Lawyers Work Smarter
Is technology making lawyers obsolete? This was the question raised by John Markoff in a recent New York Times article. However, it has been a favorite topic of discussion by consultants to our profession for some time. While there is no question that the practice of law has changed tremendously since even I began practicing…
Read MorePrinz Law Opens New San Jose Office
I am pleased to announce the opening of my firm’s new San Jose office. Please check out the press release announcing the opening: Press Release of Silicon Valley Office Opening.
Read MoreTax Considerations to Contemplate in Structuring Start-up Business
If you are contemplating how to structure your new business as an entrepreneur, you may want to think ahead to the day when you will be able to sell off the business you have built and consider the linked article below which discusses the tax consequences of selling a small business: Tax Death When Selling…
Read MoreSaaS Lawyer Kristie Prinz Speaks on “Negotiating Software as a Service Contracts”
SaaS attorney Kristie Prinz recently participated in a webinar on “Negotiating Software as a Service Contracts” with Reed Smith’s Kelley Miller. A recording of that presentation can be accessed through the link attached below: Negotiating Software as a Service Contracts
Read MoreImplications of Supreme Court Decision on Patent Invalidity Defense on Software Industry
How will the Supreme Court’s ruling yesterday in Commil v. Cisco Systems impact the Silicon Valley software industry? I looked at this issue today in this Silicon Valley Software Law Blog posting: Silicon Valley Software Industry Considers Impact of Supreme Court Decision on Patent Invalidity Defense to Claim of Induced Infringement
Read MoreChoosing the Right Partner for an IP Purchase Transaction
If you are looking to buy or sell IP, have you ever taken the time to consider what qualities will make a prospective partner a good candidate for a deal? I recently looked at this issue in a Silicon Valley IP Licensing Law Blog Posting: Taking Time to “Date” Before Pursuing an IP Acquisition “Marriage”.
Read MoreShould Silicon Valley be Alarmed About Newly Proposed Government Surveillance?
If you are working in the tech community or have opposed the expansion of government surveillance that has been occurring since 9/11, you may be alarmed by the bill that has just been introduced in the Senate that has the potential to take government surveillance to a new level of intrusiveness: the Cybersecurity Information Sharing…
Read MoreImplications of Supreme Court Decision on Patent Invalidity Defense on Silicon Valley
The Supreme Court issued an opinion today that is relevant for all companies engaged in innovation: the majority held that patent invalidity is no defense to a claim against an infringer that it induced third parties to infringe as well. I published an explanation of the Court’s findings and shared my thoughts on what this…
Read MoreResponding to an Infringement Letter as a Start-up
If you receive an infringement demand letter as a start-up, is the best response a combative response? I discussed this issue in the Silicon Valley IP Licensing Law Blog in the context of a start-up CEO who won a patent infringement suit against an alleged patent troll at the link below: Should You Follow the…
Read MoreEvaluating the Risk in the Context of Negotiating an Indemnification Clause in a SaaS Contract
If you work for a SaaS company or have ever negotiated a services contract with a SaaS provider, you likely found one of the most contentious issues in your negotiation to have been the negotiation over the parameters of the indemnification clause in the contract. In particular, the issue of who is liable in a…
Read MoreLessons From Jury Verdict in Copyright Infringement Case Against Robin Thicke and Pharrell Williams
If you followed the commentary about the high profile jury verdict in the copyright infringement case against Robin Thicke and Pharrell Williams, the prevailing opinion was that the verdict would have a chilling effect on the development of music going forward. However, I would argue that the views opined have been said before in conjunction…
Read MoreThe Pitfalls of Exclusive Licensing Deals
If you are considering a licensing offer and are convinced that any such agreement will have to be an exclusive deal, but find yourself coming up with creative language in an attempt to limit the scope of the exclusivity offered, then you may want to step back and proceed with caution as I discuss in…
Read MoreIronic Practice of the Unauthorized Commercialization of Attorney Content
Have you ever wondered why there are so many business models being developed today that seem to rely entirely on commercializing legal content created by lawyers, generally without the prior authorization of the attorney or law firm that created it? I suspect that nearly every lawyer that gives speeches or writes content to build his…
Read MoreChoose the Name of your Start-Up Wisely
When you decide to start a business, or get “pushed” into it as many people are when their salaried job suddenly disappears, it’s easy to overlook the importance of choosing a name among all the other decisions you are having to make. In my recent blog post to Silicon Valley IP Law Blog, I addressed…
Read MoreImplications of FCC Net Neutrality Rules on Software Industry
The topic of net neutrality has been the subject of controversy for months, but the FCC has recently taken this debate to a new level by adopting new rules that will allow it greater regulatory authority over the Internet. What does this mean exactly for the public generally and for the business world? I’ve explained…
Read MoreHas Your Start-Up Lost its Focus Over Financing?
As anyone who has ever started a business well knows, one of the great challenges is to stay on focus and avoid distractions that create barriers to your success. But in Silicon Valley, it is not uncommon at all to see entrepreneurs who seem to have lost their focus and who are chasing goals other…
Read MoreCalifornia Legislators Contemplating New Regulation of Drones
The increasing popularity of drones apparently has caught the attention of CA lawmakers, who have just introduced SB 142, which would prohibit the unauthorized use of unmanned aerial vehicles over private property. I guess my question is what to do with all the child-sized violators, who accidentally run the new toy drones that they received…
Read MoreWhy Understanding Your Technology Model is the Key to Drafting a Good Contract
If you work at a software company and are involved at all with agreements, you may be interested in a recent posting that I wrote at Silicon Valley Software Law Blog on why understanding your technology model is so critical to properly drafting and even reviewing contracts: Software Licensing vs. Software-as-a-Service (“Saas”) : The Importance…
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