entreVIEW

The California Non-Compete Myth: What Startup Founders Should Focus on Instead

2026-08-12T17:15:39.276-05:00

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

2026-07-04T11:00:00.000-05:00

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.

What Entrepreneurs Can Learn from the World Cup

2026-06-24T10:45:53.335-05:00

Over the past few weeks, I’ve become World Cup obsessed (and, no, it isn’t about ranch dressing like some foreign fans…). As a fan and a former player, everything about this World Cup is interesting, and the splash of certain teams and fans have made it hard to stop engaging. I’ve watched the matches and social media posts. But, what is particularly interesting, is that some of the most talked-about teams are not necessarily the teams that will likely be lifting up the trophy in the championship game. Fans are drawn to teams (and their fans) that play (and root) with heart,

You May Want to Keep Some Secrets From the Robots

2026-06-18T11:54:03.529-05:00

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!

Shark Tank Deals That Fell Apart: The Importance of Due Diligence After the Handshake

2026-06-01T12:48:01.959-05:00

Longtime entreVIEW readers will know that my colleague and fellow author, Dan Tenenbaum, has been an avid fan of “Shark Tank” since at least 2014 when he wrote this post. Fans of the show have seen it dozens (or even hundreds) of times: the entrepreneur and the shark shake hands and agree to a deal on national television. Deal done, right…not even close.

Reportedly, roughly 40-50% of Shark Tank deals made on camera never actually close. A 2016 Forbes analysis found that 73% of deals from the show’s first seven seasons either fell apart or were renegotiated after filming—only 27% closed on the original terms.

Purchase Price Escrows vs. Holdbacks, An Overview

2026-05-26T17:44:17.159-05:00

Recently, I’ve worked on several business sale transactions where the parties expressed varying preferences as to the use of an escrow account versus a holdback mechanism in the transaction structure, so I thought a brief overview of those two concepts might be something that readers of entreVIEW might find interesting.

In a business sale transaction, the parties typically (but not always) opt to incorporate either an escrow account or holdback mechanism, both of which generally serve the same role in any transaction—the parties agree to set aside a portion of the purchase price that a Buyer can recover against, as needed, after the closing. This could be for purchase price adjustment, often related to

The Risks of AI Notetaking

2026-05-18T15:57:30.502-05:00

While we heard it here first from our very own Dan Tenenbaum (Keep that Bot Out of Your Boardroom), the New York Times’ recent article, “All Those A.I. Note Takers? They’re Making Lawyers Very Nervous,” underscores—and sharpens—a number of risks that companies should be thinking about before inviting AI notetakers into board meetings, strategy sessions, and everyday corporate discussions.

Described as a “ticking time bomb,” AI notetakers create a near-verbatim, searchable, and durable record of every utterance, off-hand remark, inside joke, and speculative comment made in a meeting. In the abstract, that may sound like good governance. In the context of litigation or regulatory inquiry, it can be deeply problematic.

Bitcoin as Property?

2026-04-22T16:24:00.005-05:00

Since we’re all just a little over a week from tax day, I thought I’d share some interesting analysis that was recently published by Nicholas Anthony, a research fellow at Cato Institute’s Center for Monetary and Financial Alternatives. He claims that the rules for capital gains have made it nearly impossible to use Bitcoin as money in the U.S.

Currently, the IRS treats Bitcoin and other virtual currencies as property, not as currency, for federal tax purposes. According to IRS Notice 2014-21, transactions are taxed under general property principles – meaning selling, exchanging,

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

2026-04-20T13:05:00.008-05:00

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!

2026-03-25T17:45:00.000-05:00

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

2026-03-25T11:05:00.002-05:00

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!

2026-03-16T10:42:00.008-05:00

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

2026-03-10T17:29:00.009-05:00

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

2026-02-24T16:05:00.003-06:00

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

2026-02-19T18:28:00.001-06:00

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

2026-02-09T14:32:00.003-06:00

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)!

Chiefs Touchdown for Kansas?

2026-01-15T10:55:00.006-06:00

On Monday, December 22, shockwaves were sent through the City of Kansas City, Missouri, as the City’s beloved Chiefs announced that they were headed to Kansas beginning with the 2031 NFL season. The reaction around the news was split on social media, and for good reason. The Chiefs have been located in Kansas City – and the iconic Arrowhead Stadium – since 1963, when the legendary Lamar Hunt moved the Dallas Texans to Kansas City. Since that time, the Chiefs have been a staple in Kansas City. As someone who grew up in the area (and as a humongous Chiefs fan), I know how much of a stronghold the team has in the area.

From Handshake to Evidence: Bridging the Gap Between Trade Practice and NGFA Rules

2025-12-04T11:59:00.007-06:00

Most grain companies run on muscle memory.

Contracts get written, confirmations go out (or should have gone out), trucks roll in, grain gets shipped out, the year marches on... It’s a system held together with an unspoken understanding among everyone involved.

When something unexpected happens, it usually gets resolved. It always does…until it doesn’t.

Tokenization. The Future of Capital Raising?

2025-11-24T12:07:00.005-06:00

A few years ago, I was involved in an interesting project where we attempted to “tokenize” the ownership interests of a company which owned as its only asset an apartment complex in Kansas City. We were trying to represent the rights of several owners of the company through a cryptographically secured digital token recorded on distributed ledger technology (DLT). DLT is a digital system that records details of transactions in multiple locations at the same time as opposed to on a centralized database.

Purple Rain and Prince as Entrepreneur

2025-11-06T14:16:00.007-06:00

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

2025-10-30T12:09:00.005-05:00

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.

Jane Goodall

2025-10-16T17:09:00.005-05:00

For the second post in a row, my writing topic plans have been derailed by current events. Today, I’d like to pay tribute to Jane Goodall, who died on October 1 at the age of 91, and how I see her as not just a role model for quiet patience, peace, and understanding others, but also as an exemplar of the entrepreneurial spirit.

A little background – Jane Goodall was born in London in 1934. She recalled her father giving her a stuffed chimpanzee when she was a little girl, and credits the toy as her first inspiration and origin for her desire to learn more about primates. In 1957, Jane traveled to Kenya with money earned from waitressing. In Africa, Jane reached out to Louis and Mary Leakey, famed paleontologists, who first gave her a secretarial job at the National Museum in Nairobi, and then invited her to work with them in their archaeological digs. With the support of the Leakeys, Jane traveled to Tanzania, where she began her observation of chimpanzees in in 1960. Jane earned her PhD in Ethology (the study of non-human animals) with the completion of her thesis, The Behavior of Free-living Chimpanzees in the Gombe Stream Reserve and the rest, as they say, is history.

Entering the Best “Season” of the Year

2025-09-30T19:07:00.007-05:00

Calendars everywhere are about to turn over to October, meaning the country has officially entered, for my money at least, the best season of the year. Although light jackets, vests, and pumpkin spice lattes are certainly an added bonus, the best season of the year has little to do with the weather and the seasonal menu changes that come along with it and everything to do with sports, business transactions, and the jolt of excitement they inject into everyday life from mid-September through the ball drop at midnight on New Year’s Eve.

Autumn in Minnesota: Where Apples Meet Entrepreneurship

2025-09-25T14:24:00.004-05:00

Autumn in Minnesota is a season of contrasts—moody skies, sudden temperature swings, and the unmistakable buzz of Vikings football. But for many Minnesotans, fall also means one thing: apples. Whether you're strolling through a grocery store, browsing a farmers’ market, pulling over at a roadside stand, or wandering through a picturesque orchard, you're bound to encounter one of the state's most beloved seasonal treats in peak form.

Growing up in neighboring South Dakota, I knew Minnesota had apples. But I didn’t fully grasp the depth of the state’s apple obsession until I lived here. It’s a passion that rivals the fervor for the Minnesota State Fair—and perhaps it’s no coincidence that these two institutions intersected back in 1866. That year, the Minnesota Fruit Growers Association was founded at the State Fair, with a mission to develop apple varieties hardy enough to survive the state’s brutal winters. Just two years later, it evolved into the Minnesota State Horticultural Society, which still thrives today, supporting growers and gardeners across the state.

The Tricky Nuances of Rebranding

2025-09-18T18:33:00.002-05:00

Cracker Barrel Old Country Store recently attempted to redesign its well-known logo for the first time in 48 years. The redesign was part of a larger corporate effort to modernize the restaurant and its brand in competition with other popular fast-casual restaurant chains. Many restaurant chains, like McDonald’s, have been preferring simplified logos and brand imagery, as well as homogenous, box-style architecture emphasizing a neutral, interchangeable aesthetic instead of unique décor, like McDonald’s old iconic sloped-roof style. Cracker Barrel is well-known for its old-school Southern atmosphere, replete with an old-country store for browsing while waiting for a table to become available and complemented by a massive menu heavy on comfort food standards. Each traditional Cracker Barrel restaurant includes an inviting old country-styled porch with rocking chairs and its ubiquitous large sign over the entrance with its popular logo depicting a man leaning on a barrel next to the restaurant’s name. Everything about Cracker Barrel’s classic style has always leaned heavily on nostalgia for lifelong customers.