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By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant “The only thing that is constant is change.” That is why it is important to draft contracts that bring value by valuing change “The only thing that is constant is change” is one of the famous quotes from the Greek Philosopher Heraclitus. This quote, however, extends much further than philosophy and has become a reality for those in business. The year 2020 has brought the…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant Strategically speaking, does a patent provide a company with the competitive advantage it needs? “I got a patent!” For entrepreneurs and business owners, to have a patent is a big deal. And why shouldn’t it be? To have a patent is a milestone for many in business and demonstrative of business success (or at least that one is on the road to business success). Strategically…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant When it comes to commercial contracts during this time of economic crisis spurred by the global pandemic, the conversations usually revolve around whether to perform (or continue to perform) under the terms of the contract. Legal terms such as force majeure, doctrine of impossibility, and frustration of purpose – which provide defenses to non-performance – have been thrown around a great deal as businesses comes…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant Disruptive Events and Business Growth Strategy Disruptive events, such as the current Covid-19 global pandemic, cause a great deal of uncertainty for businesses who have to think about their next steps when their growth strategy has been disrupted. Thinking strategically during a disruption is critical to determine the next steps for a business’ direction amidst the event. Scenario planning is a business growth strategy tool…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant In this time of intense stress and certainty, the idea of thinking strategically about your business might seem like the least important thing to do. This is especially true when making sure that you have a business when the pandemic ends is keeping you up at time (all with all the other stresses of this pandemic). However, rethinking your strategy, or even developing a new…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant What effect do non-competes have on market competition? Are non-competes a restraint on trade by restricting employee mobility? Or are they a tool that prevent unfair competition by protecting a business’ trade secrets, or other confidential information that provides a competitive advantage for the business within a market segment or industry? On January 9th, 2020, the Federal Trade Commission (FTC)  hosted a public workshop to…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant In a recently published article by Bloomberg news, it is becoming clear that Airbnb is spending as much time in court as they are working on going public in 2020.  It is no surprise that in addition to building their IPO strategy, Airbnb is building its legal strategy.  As one of the most litigious startups, Airbnb has been spending a great deal of time…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant This week, The Federal Trade Commission (FTC) issued a special order requiring Alphabet, Inc., (including Google), Amazon.com, Inc., Apple Inc., Facebook, Inc., and Microsoft Corp to provide information on acquisitions made between January 1, 2010 and December 31, 2019 that were not reported to the FTC and antitrust agencies under the HSR Act because they fell under the reporting threshold. The five big tech companies…