entreVIEW

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.

Labubus: The Toothy Toy That Took Over the World

2025-08-28T11:47:00.013-05:00

In the ever-evolving world of collectibles, few phenomena have captured global attention quite like Labubus. What began as a quirky character in a storybook has transformed into a billion-dollar brand, a pop culture icon, and a symbol of modern collector culture. Labubus was born from the imagination of Kasing Lung, a Hong Kong-Belgian artist inspired by Nordic folklore. Originally featured in his illustrated series The Monsters, Labubu—the mischievous elf with sharp teeth and a scruffy charm—was brought to life as a vinyl figure in 2015. But it wasn’t until Lung partnered with Chinese toy giant Pop Mart in 2019 that Labubu truly found its audience.

You Don’t Know What You Don’t Know

2025-08-18T10:49:00.007-05:00

My parents are in the middle of winding down their farm operation in Northern Iowa. The idea was simple: sell the land; retire and walk off into the sunset. But as they began the process, so too came layers of complication. The deal involved land that had been in the family for decades, the estate of my grandmother, multiple siblings (nine total, to be exact), and complex tax treatment. It was to say the least – complicated.

At some point in the process, they realized they needed help—not because they lacked capability, but because there’s no clear-cut blueprint for navigating situations like this. You can only go so far on your own before the complexity outpaces what you can manage without professional help.

Joy: The Musical: An Entrepreneurial Story

2025-07-23T11:27:00.007-05:00

People who know me, even just a little bit, know that I’m a passionate fan and supporter of musical theatre. Truth is that my wife and I (two lawyers with a spreadsheet) have seen just under 800 unique musicals together in our adult lives.

Even if you don’t know me but have been a regular reader of entreVIEW (are there any regular readers?), you’d also know this because I have frequently written about musical theatre for this blog, including my very first real post on this blog over 14 years ago, which was about the Spider-Man Musical. I’ve also written about other musicals, including "Finding Neverland," "Ernest Shackleton Loves Me," "Matilda," and couple of favorites, "Here Lies Love," and, of course "Hamilton." In case that isn’t enough to show my passion for musicals I’ve also written about the musical I wrote, "Pickle-Chiffon Pie: The Musical," which has now been produced three times!

Mentorship in Motion: Reflections from a Summer with Our Summer Associates

2025-07-15T12:30:00.006-05:00

This summer, I’ve had the privilege of working more closely with the Lathrop GPM class of summer associates as one of the work coordinators. Having experienced a summer program disrupted by the COVID-19 pandemic firsthand, I’ve especially appreciated the chance to help this talented group navigate what is, in some ways, a two-month job interview—all while also exploring career paths, learning about different legal practices, locating the printers and bathrooms, and hopefully enjoying a bit of the beautiful Twin Cities summer in between.

Maybe it’s a bit of nostalgic projection for an experience I didn’t fully get to enjoy, but I genuinely hope our summer associates walk away feeling supported during this unique and formative stage of their legal journey. To me, that’s the essence of mentorship.

Businesses and Nonprofits: Get Ready for the New Minnesota Consumer Privacy Act

2025-07-11T13:39:00.001-05:00

With the Minnesota Consumer Privacy Act (MCPA), which takes effect July 31, 2025, Minnesota now joins the many other states, like California, that have passed laws granting enhanced data privacy rights to individuals. I first reported on this new law last year.

Who Is Covered?

The MCPA covers legal entities that conduct business in Minnesota or produce products or services targeted to state residents, and that satisfy one or more of the following:

During a calendar year, control or process the personal data of at least 100,000 consumers (excluding payment transactions).
Derive over 25% of gross revenue from the sale of personal data and process or control the personal data of at least 25,000 consumers.

Unlike the California Consumer Privacy Act and other state data privacy laws, there is no broad exemption in the MCPA for nonprofits. Businesses and nonprofit organizations must review their privacy policies and practices to assure compliance and avoid enforcement actions by the Minnesota Attorney General’s office.

Startup Law 101: 5 Mistakes That Can Blow Up Your Startup – Don’t Sign the “totally fine” ChatGPT Contract

2025-07-03T13:50:00.005-05:00

Startups move fast, but legal mistakes move faster—and they hit harder. Whether you’re bootstrapping or backed by big VC, your lawyer isn’t just a formality—they’re your firewall. Too many founders treat legal like an afterthought, then wonder why things explode. From boardroom to courtroom, these are five founder mistakes that separate the bold from the bankrupt. So, before you launch that app, hire that friend, or sign that “totally fine” ChatGPT contract, read this:

1. Don’t Wait Until You’re in “Oh Sh*t” Mode to Call Your Lawyer

In the startup world, things move fast—your legal strategy should move faster. Waiting to bring in counsel until there’s a co-founder fallout, a misfired contract, or a surprise lawsuit is like trying to install brakes after your Tesla hits 90 mph. We’ve seen it all:

One founder stops showing up but still owns half the company because no one drafted a real agreement.
Someone grabs a one-page operating agreement off Google that leaves you stuck with default state rules that don’t fit your company’s needs.

A little legal foresight upfront saves hours of cleanup later.