Actual v. Intent to Use Trademark Applications
Here's an intro to the two most common trademark application options. Actual Use When you file an Actual Use trademark application, you are seeking a registration for a mark which you are already using [...]
How to use (short) modifiers when negotiating a contract.
If you can't delete an entire sentence, try modifying it. You are likely to encounter contract provisions that place a lot of risk on you that the other party will not allow you to [...]
The Guise of “Professionalism”
It's easy for competitors to copy your skills, but hard for them to copy your authentic personality. Paul Jarvis dedicates an entire chapter of his book (Company of One) to personality. He writes... Personality [...]
Join the KC Tech Community at the American Royal BBQ!
You're Invited! Together with our co-hosts, we invite you to our annual tech community party at the American Royal BBQ on Friday, September 13th. This year's event will feature Golden Ox BBQ, an open [...]
Why You Should Use e-Signatures
e-Signatures are better than physical signatures in most situations. Here's what you should know. Most e-signatures are valid The ESIGN Act (the Electronic Signatures in Global and National Commerce Act) was signed into law [...]
How to Identify the Parties in a Contract
You can't afford to get this part of your contract wrong. Here's how to do it right! First, an intro to why this matters... The party to a contract is the person or business [...]
Who owns your copyright?
Do you know the answer? Are you sure your answer is right? If not, here are some tips to finding the right answer. The Default Rule This part is pretty easy–the person that creates [...]
Stop Writing Numbers Two (2) Times!
Writing numbers two (2) times in contracts is a really dangerous thing to do. Here's why.... Just last week, I was reviewing a contract that said "two thousand dollars ($3,000)." Had I not caught [...]
5 Simple Rules to Write Better Contracts
Writing a contract is easy when you follow these five simple rules. 1. Use "Shall" to Create Obligations An obligation is something a party must do. You should use “shall” to create obligations. (Obligations [...]
How the USPTO Charges for Trademark Applications
Trademark application fees can be confusing. Here's a summary to help. Actual Use v. Intent to Use Broadly speaking, there are two types of trademark applications: Actual Use: If you file based on actual [...]
A New Mayor is Coming; and We Have Lots of Good Options
Kansas City is "on a roll" and our next mayor should keep it rolling! According to Mayoral Candidate Jolie Justus, Kansas City is "on a roll" and I agree wholeheartedly. What's important is that [...]
Something New: The Freelance Package: $1,111
They say "one is the loneliest number" but I disagree. Freelancing is the way of the future and it's awesome. To say that I love freelancers is an understatement. I've been a solo lawyer for [...]
37 Lessons From 5 Years of “Being My Own Boss”
Five years ago I took a huge risk–I left a comfortable job at a mid-size law firm in Kansas City. Since then, I started and sold a law firm marketing company, grown Venture Legal [...]
MECA Challenge: Fostering Entrepreneurship in High School
"In order for Kansas City to become the most entrepreneurial city in America, we must first transform education to produce innovative thinkers." I had the amazing opportunity to serve as a judge in yesterday's [...]
It’s Global Entrepreneurship Week! Don’t Miss Out!
Global Entrepreneurship Week is a global movement aimed at driving entrepreneurship forward. Whether you are a new entrepreneur or are trying to take your entrepreneurship skills to the next level, you can benefit from [...]
KCMO Leaders Get it Right With Bird Agreement
Business is evolving so fast that government regulators are struggling to keep up. But here in Kansas City, we're starting to lead. I've had plenty to say about how Kansas City is losing negotiations [...]
Hiring Employees & Contractors (Part 4)
Many business owners don’t realize this but the classification of your workers is very important. It will impact your tax obligations, who owns their work product, and more. This is Part 4 (Other Considerations) [...]
Hiring Employees & Contractors (Part 3)
Many business owners don’t realize this but the classification of your workers is very important. It will impact your tax obligations, who owns their work product, and more. This is Part 3 (Intellectual Property Issues) [...]
Hiring Employees & Contractors (Part 2)
Many business owners don’t realize this but the classification of your workers is very important. It will impact your tax obligations, who owns their work product, and more. This is Part 2 (Tax Responsibilities) [...]
Hiring Employees & Contractors (Part 1)
Many business owners don’t realize this but the classification of your workers is very important. It will impact your tax obligations, who owns their work product, and more. This is Part 1 (The Differences) [...]
The GDPR: Why You Should Care & How to Comply
What is the GDPR? The General Data Protection Regulation (GDPR) is a new legal framework which the European Union will use to protect the personal information of European individuals. It was passed in 2016 [...]
7 Tips to Make Your Taxes Easier Next Year
One negative side effect of entrepreneurship is dealing with taxes. But you can use these seven tips starting today to make your life easier next tax season. 1. First, understand how businesses are taxed [...]
How the IRS Taxes Businesses and Entrepreneurs
There are essentially two ways the IRS taxes businesses and entrepreneurs. We'll explain them in as few words as possible in this post. The two primary tax structures Pass-Through Taxation: Most businesses are taxed [...]
Join Venture Legal at WordCamp Kansas City 2018
Our presentation was selected again for WordCamp Kansas City! Join us to learn the Five Legal Issues Every Freelancer Should Understand. You can buy tickets and learn about WordCamp on their website. The presentation: If you [...]
Lessons on Leadership from Ex-Navy SEALs.
Lessons on personal responsibility, leadership, and how to take extreme ownership of your life. Retired Navy SEALs Jocko Willink and Leif Babin led military units in Iraq which are often described as the most [...]
What Entrepreneurs Should Know About Copyrights (Part 3)
Do you know what you can protect, how to secure your rights, and what constitutes copyright infringement? If not, then these three posts are for you! Part one covered what you can protect; part two explained [...]
What Entrepreneurs Should Know About Copyrights (Part 2)
Do you know what you can protect, how to secure your rights, and what constitutes copyright infringement? If not, then these three posts are for you! Part one covered what you can protect; this post [...]
What Entrepreneurs Should Know About Copyrights (Part 1)
Do you know what you can protect, how to secure your rights, and what constitutes copyright infringement? If not, then these three posts are for you! This post one covers what you can protect; part two [...]
Advocating for Smarter Tech Education Policies on Capitol Hill
America needs a larger, better prepared, tech workforce–here's what we proposed to our elected officials on Capitol Hill. Earlier this week myself and other tech leaders from across the country traveled to Washington D.C. [...]
A New Ritual in 2018: The Daily Stoic
I'd never studied Stoicism before, but this daily ritual has improved my life after just one month. Throughout 2018 I'm reading Ryan Holiday's book, The Daily Stoic: 366 Meditations on Wisdom, Perseverance, and the Art [...]
The Best Entrepreneurial Resources in Kansas City
January 1st marks my four-year anniversary of “being my own boss.” And while the last four years have been exhilarating, they have also brought on plenty of stress and speed bumps. Luckily, Kansas City [...]
Can You Trademark a #Hashtag?
Hashtags. Love 'em or hate 'em, they are everywhere. But can you trademark a hashtag and prevent other businesses from using it? Last night during the "Cause if you like it, put a Ⓡ [...]
10 Reasons to Vote YES for a New KCI Terminal
Kansas City needs a new airport terminal. And guess what! You can help make that happen. All you have to do is vote on November 7th in favor of the new airport. [...]
How to Negotiate a Contract
“Everything is negotiable.” Ok, well not everything, but many things are. Here are nine tips to help you negotiate your next contract. To begin, you should note that if a contract contains errors, or [...]
How to Review a Contract
Many entrepreneurs struggle when it comes to reviewing contracts. Here's a two step process to make it a little easier for you. At the outset, you should look at things from a high level. [...]
Finding an Insurance Broker or Agent – What Entrepreneurs Should Know
Insurance is often your first line of defense. Here are four tips to help you find a broker or agent to find the right coverage for your business. Related Posts: How to find a [...]
Finding an Accountant – What Entrepreneurs Should Consider
Your most important metrics are financial metrics. So if you are running a business, you better have a good accountant. Here are four tips to help. Related Posts: How to find a lawyer | [...]
W9s & 1099s – What Freelancers & Entrepreneurs Should Know
It's easy to confuse W9s and 1099s so here's a primer on what entrepreneurs and freelancers should know. A Little Background In the ever growing freelance economy in Kansas City, more and more people are [...]
How to Find and Work with Attorneys
Small business owners often complain that it is hard to find and work with attorneys. Here are some tips to make it easier. Related Posts: How to find an accountant | How to find an [...]
Trade Secrets 101 – What Entrepreneurs Should Know
Protecting your trade secrets is becoming more and more important for startups and small businesses. Here's what you should know. Unlike the other forms of IP, which are primarily protected through federal laws, trade [...]
Patents 101 – What Entrepreneurs Should Know
If you've invented something new and useful, you should consider seeking patent protection for your new invention. Startups and small businesses are always inventing things. And in certain situations, it makes sense to seek a [...]
Trademarks 101 – What Entrepreneurs Should Know
Startups and small businesses should take trademark law seriously! You must protect what's yours and avoid infringing the trademarks of others. Whether in Kansas City or on the coasts, it is critical that startups and [...]
Let’s Work Together to Create Modern Regulations in Kansas City
For Kansas City to thrive in the future, we must be smart about regulating new technology platforms today. Among the many things I've learned serving on the Policy Committee of the KC Tech Council is [...]
Copyrights 101 – What Entrepreneurs Should Know
Copyright law is confusing, even for many business attorneys. But you can't ignore it. It's too important. Regardless if you are a high-growth startup, a freelancer, or a small business in Kansas City, you need [...]
How to Use the DMCA to Stop Copyright Infringers
If someone steals your work and publishes it online, you can probably take it down using the Digital Millennium Copyright Act. Today was not the first time (and it won't be the last) that [...]
LLCs v. Corporations: How to Select the Right Business Structure
One of the most important decisions founders make is whether to form a LLC or a Corporation. This post can help you decide which is best for you. When starting a new business you [...]
Think Twice Before Forming an LLC or Corporation Online
Just about anyone can form an LLC or Corporation by filing a simple online form with your SOS. Here's an explainer, plus a cautionary note. When you want to form a business entity to [...]
Startups for Net Neutrality – Sign the Letter!
ISPs should not be allowed to discriminate with respect to the content it transmits. That is the heart of what is known as Net Neutrality. I've written about this before (here and here) and [...]
Where to Incorporate? Delaware, Missouri, or Kansas?
Entrepreneurs often think they need to incorporate in Delaware. In this post we'll look at whether that is the best decision (hint - often it's not). What it means to "Incorporate" To "incorporate" means [...]
Three Critical Issues in Intellectual Property Contract Terms
Ownership of intellectual property is a critical issue in many contract negotiations. Learn the basics about what entrepreneurs should know in this post. Intellectual property is often the most valuable asset of many companies, [...]
THIS! This is why we love the Oxford comma and you should too!
There are those that use Oxford commas, and those that don't. Those that don't are wrong. Sorry, but we're not sorry. Here's why. The U.S. Court of Appeals for the 1st Circuit issued a ruling this [...]
The Right Way to Use MSAs & SOWs
The MSA & SOW contract format is powerful. Here's why and how to use them. Many Kansas City startups, freelancers, and small business use MSAs and SOWs because they are efficient. Below is a [...]
The Four Tax Options for Startups, Freelancers, & Small Businesses
When you start a new business the IRS will put you into one of four tax classes. Do you know the differences? While you don't need to be an expert, you should understand the [...]
Join Venture Legal at WordCamp Kansas City 2017
If you want to learn about entrepreneurship and the law, join us at 3pm on April 28th! [EDIT: My talk was moved to 3pm.] I'm excited to announce that my topic, What Entrepreneurs Should Know About The [...]
Why Your Website Needs a DMCA/Copyright Policy
If you operate a website, you should consider enacting a DMCA policy to limit your exposure to copyright infringement claims. In this post, we'll explain your risk and how you can protect your startup [...]
Kansas City Delegation Visits Capitol Hill to Advocate for Tech Education
Innovation is a key force behind a strong 21st century economy; and unless the United States prioritizes technology education, we will fall behind. Last week I was honored to represent Kansas City on Capitol Hill. Together [...]
Terms of Use & Privacy Policies – What Entrepreneurs Should Know (Part Two)
The legal policies that accompany your startup's website or mobile app are important. Last week we explained why you might need them, this week we'll explain what goes in them. Terms of Use As [...]
Client Spotlight: HipHire Launches App to Help Part-Time Job Seekers
Founded in Kansas City, HipHire's goal is to create high-quality matches between employers and part-time employees. It's kind of like match.com, but for employment. And it's brilliant. According to their founder, Brian Kearns, they've [...]
Terms of Use & Privacy Policies – What Entrepreneurs Should Know (Part One)
When you launch a website or app you are probably not thinking about legal issues, but you should. Depending on what your website or app does, you may need legal terms to protect you. In [...]
NDA Basics – 4 Critical Elements of Your NDA
Here are four tips to help you avoid signing a poorly drafted NDA. You may not need to bother with an NDA if you are only sharing high level information. But if you are [...]
People Who Use Chrome or Firefox Are More Productive
Research shows that your browser choice is an indicator of how likely you are to succeed. Adam Grant's book, Originals: How Non-Conformists Move the World, contains a fascinating example of what makes some people more [...]
What Entrepreneurs Should Know About Boilerplate Contract Provisions (Part Two)
This is the second post in a series about the innocent looking boilerplate provisions at the end of your contract that are more important than you might think. In the first post, we explained seven boilerplate [...]
What Entrepreneurs Should Know About Boilerplate Contract Provisions (Part One)
Don't be fooled by the innocent looking boilerplate provisions at the end of your contract - they are more important than you might think. Nearly every contract concludes with a set of standard boilerplate provisions [...]
Missouri Closed Tesla… You Should Help Bring it Back!
Update: The Court of Appeals issued a ruling allowing Tesla to obtain a new license for 2017 while the company appeals the lower court's ruling. This is a positive step forward but due to the [...]
What Entrepreneurs Should Know About Trademark Law
Too many entrepreneurs contact me *after* discovering they may not own their company name. Don't let that happen to you! In this post we'll explore the core aspects of trademark law that every entrepreneur should [...]
NYC Enacts the Freelance Isn’t Free Act to Protect Freelancers
When a client doesn't pay you for freelance services, your main recourse is to claim breach of contract. But now, one city is taking steps to help freelancers get paid. The "Freelance Isn't Free Act" [...]
Fellow Lawyers, Please Stop Writing Numbers Twice!
Writing numbers twice is unnecessary. It's legalese, hard to read, and worse, more likely to cause a mistake. Let's stop doing it! Let me explain why it should end... Many lawyers love to write numbers [...]
How to Split Equity in Your Startup
When founding a new startup it is common to have disagreements over how much equity each founder should receive. In this post we will look at six things you should consider when splitting up your startup's [...]
7 Tech Companies Helping Kansas City – KC IPP Demo Day
I attended the Kansas City Innovation Partnership Demo Day tonight at the Sprint Accelerator to learn about seven tech startups in the city's Innovation Partnership program that are using technology to help the city operate more [...]
3 Documents You Need to Open a Business Bank Account
Among the list of administrative tasks you must complete to create a small business or startup is opening a business bank account. And to make things easier, you should organize your documents before going to the bank. [...]
The Two Contracts Every Freelancer Needs
As a freelancer, you are more likely to succeed if you have a good set of contract templates to use with clients and subcontractors. In this post, we'll look at the two most important [...]
A Lesson From HBO’s Westworld: Are You Stuck in a Loop?
In this week's episode of HBO's new series Westworld, Dr. Ford said: "We [humans] live in loops as tight and as closed as the hosts do; seldom questioning our choices, content for the most part [...]
12 Things to Think About Before Signing an Operating Agreement
Every LLC should have an Operating Agreement. Without one, you'll be governed by your state's "default" rules and you may not like those. An Operating Agreement is the governing document for an LLC - [...]
Lawyers Changing the World: Legal Technology Laboratory (LTL) Prototype Jam
I was lucky to attend the Legal Technology Laboratory (LTL) Prototype Jam today at the UMKC School of Law and the Regnier Institute for Entrepreneurship and Innovation to hear about various projects in the legal [...]
Piercing The Corporate Veil – When “Limited Liability” May Not Protect You
The limited liability associated with corporations and LLCs is among the best benefits to running a business as an entity rather than on your own behalf. But if you are not careful, you can [...]
S-Corps 101 (Part 3): How to Reduce Your Taxes Using an S-Corp
This is the third post in a series of posts about S-Corps. In the first post we explained what an S-Corp is, in the second post we explained why you should, or should not, make an S-Corp election, [...]
Starting a Business? Don’t Create an Accidental Partnership!
Starting a business is exciting. But in the whirlwind that surrounds getting started, it is easy to make a huge mistake that can lead to a host of legal problems. In this post we’ll [...]
S-Corps 101 (Part 2): Should Your Business Make an S-Corp Election
This is the second post in a series of posts about S-Corps. In the last post we explained what exactly an S-Corp is and in this post we’ll look at reasons you should, and [...]
S-Corps 101 (Part 1): An S-Corp Isn’t a Business Entity
This is the first post in a series of posts about S-Corps. We’ll explain what exactly is a “S-Corp” and how they came to be, when you should consider electing S-Corp status (read that [...]
If You’re Not Using Electronic Signatures, You’re Doing It Wrong!
Electronic signatures are valid in almost all situations. And if you want to make your business (or law firm) run as efficiently as possible, you should use them. In this post we’ll talk about [...]
What Freelancers Need to Know About LLCs
Kansas City freelancers don’t have to create an LLC for their business, but there are many reasons they should consider doing so. We’ll look at five of those reasons in this post. Limited Liability [...]
How to Decide Whether to Hire an Employee or a Contractor
When hiring for your business you should carefully consider whether you need an employee or independent contractor because the differences are really important. If you hire an employee you will have more control over their work and [...]
Tesla Sues Michigan (and I hope they win)
States like Missouri and Michigan that ban Tesla’s direct-to-consumer sales model should be ashamed of their anti-innovation policies. My wife and I bought a new car last week. We love the car itself (thanks Volkswagen) [...]
Non-Compete v. Non-Solicitations – Differences You Should Know
Non-compete and non-solicitation terms are often misunderstood. And regardless if you are running a small freelance business or a high-growth startup, you need to understand the differences between these restrictive covenants. Key Differences A [...]
Don’t Make This Common Mistake When Signing Contracts
Among the benefits of operating your startup or freelance business as a Limited Liability Company or Corporation is the limited liability for the company's owners. Limited liability means the company's owners will not be personally [...]
Hiring an Attorney 101
There are more than 1.3 million attorneys in America and 40,000 new law school graduates each year. So how do you pick the right one for you? In this post we’ll help you identify [...]
Intellectual Property 101 – Copyrights, Trademarks, Trade Secrets & Patents
Intellectual property is among the most valuable assets for many businesses today, especially for startups. That's why it is important that you understand the basic elements of IP law. In this post, we'll explain the [...]
Contract Law 101 – What is a “Contract”?
"Don't talk to me about contracts, Wonka, I use them myself. They're strictly for suckers." - Sam Beauregarde Sorry Sam, you're wrong. Contracts are very beneficial to businesses of all sizes. When you negotiate a contract, it [...]
Freelancing Law 101 – Five Issues Freelancers Should Know
For most creative professionals, running your own freelance business can be both fun and profitable, but make sure you don't ignore the laws impacting your business! In this post, we'll cover five of the [...]
Startup Law 101 – Five Issues Entrepreneurs Should Know
To succeed as an entrepreneur, you have to find ways to maintain legal compliance and use the law to protect your business, all while finding ways to navigate through the law without letting it become a distraction. Here are [...]
Horseback Law (by Google)
While reading How Google Works I came across a section talking about "Horseback Law." According to the authors, lawyers using old school practice methods can't keep up with fast-moving businesses because those practice methods simply can't keep up [...]