Win-Win Lawyering

Many think of the best lawyers as the Johnny Cochrane-Alan Dershowitz types. These are the guys who gained their reputations for in-your-face, no-hold-barred advocacy on behalf of their clients. Having a lawyer like this is important when you’re facing a murder charge. But in most other circumstances, you may want to consider a different advocate. … Read More

Culture and Clientele

Recently read a post by Seth Godin about choosing your clientele that resonated with me. I’m defining pandering as using your perception of your customer’s wishes as an excuse to do work you’re not proud of. The public radio station that puts on empty, sensationalist coverage of the current crisis-of-the-year is chasing others down the … Read More

The most expensive legal documents

The most expensive legal documents are the ones you never knew you needed until it was too late. For one example, filing a timely 83(b) election can be the difference between paying no taxes on an appreciating ownership interest in a startup and paying hundreds of thousands of dollars at a time when you don’t … Read More

Re: Aaron Swartz, Shame on the DOJ

I’m new to the “startup community,” so I have no personal connection to Aaron Swartz. I’m not close to him or anyone who is close to him. But I follow the twitter feeds of many folks who did know him, and I’ve been following the legal proceedings that have dogged him the last couple of … Read More

Law and Probability, Part III

When someone tells you they have “x years of experience,” they have performed a significant number of trials in their professional career. More trials means more certainty. And any professional who learns from mistakes will, presumably, improve over time. But as we have seen with George Will and Dick Morris, lots of experienced, well-respected, and … Read More

Law and Probability, Part II

“You don’t win by predicting the future; you win by getting the odds right.” -William Bonner After the most recent presidential election, Nate Silver acquired folk hero status for the accuracy of his models in predicting the election. His model correctly predicted how every state would vote in the presidential race. Before the election, and … Read More

Law and Probability, Part I

The practice of law is all about informed decision making. A competent lawyer should have a broad familiarity with the law in the areas in which he or she practices. By applying the law to the facts of a particular client’s circumstances, the lawyer makes an informed recommendation about a path of action that will … Read More

Business Formation with Foreign Investors

I recently had a client come to me to ask about the appropriate business entity for a startup with foreign investors. This is one of those questions where if we eliminate what’s impossible and what’s not a good idea, what we are left with is the best choice. First, according to the tax code, non-US … Read More