Class 11 Assignment
Class 11 Assignment
Summary
This chapter examined the various forms of capital formation
for entrepreneurs. Initial consideration ,vas given
to bootstrapping, debt and equity financing in the form
of commercial banks, trade credit, accounts receivable
financing, factoring and finance companies, and various
forms of equity instruments.
IPOs have advantages and disadvantages as a source
of equity capital. Although large amounts of money can
be raised in short periods of time, the entrepreneur must
sacrifice a degree of control and o,vnership. In addition,
the SEC has myriad requirements and regulations that
must be follo,ved.
Private placements are an alternative means of raising
equity capital for ne,v vent ures. This source is often
available to entrepreneurs ,vho seek venture capital in
amounts of less than $500,000, although it is possible
that up to $5 million could be raised with no more
than 35 nonaccredited purchasers. The SEC's Regulation
D clearly outlines the exemptions and requirements
involved in a private placement. This placement's greatest
advantage to the entrepreneur is limited company
disclosure and only a sn1all number of shareholders.
In recent years, the venture capital market has gro,vn
dramatically. Billions of dollars are no,v invested a1u1ually
to seed ne,v ventures or help fledgling enterprises gro,v.
The individuals ,vho invest these funds are known as venture
capitalists. A number of myths that have sprung up
about these capitalists ,vere discussed and refuted.
Venture capitalists use a number of different criteria
,vhen evaluating ne,v-venture proposals. In the main,
these criteria focus on n,vo areas: the entrepreneur and
the investment potential of the venture. The evaluation
process typically involves four stages: initial screening,
business plan evaluation, oral presenta tion, and final
evaluation.
A financial phenomenon of the t,venty-first century
has been the creation of a funding vehicle for vent ures
through the use of the general public. Kno,vn as crowdfunding,
this practice seeks funding for a vent ure by
raising monetary contributions from a large number of
people, typically via the Internet. In the United Sta tes,
legislation that is mentioned in the 2012 JOBS Act
allo,ved for a wider pool of small investors ,vith fewer
restrictions following the implementation of the act.
Over the years, informal risk capital (angel financ ing)
has begun to play an important role in ne,v-venture
financing. Everyone ,vith 1noney to invest in ne,v ventures
can be considered a source for this type of capital.
Some estimates put the informal risk ca pita! pool
at more than $25 billion. Entrepreneurs ,vho are unable
to secure financing through banks or through public or
private stock offerings typically ,vill turn to the informal
risk ca pita! market by seeking out friends, associates,
and other contacts ,vho may have (or know of someone
,vho has) money to invest in a new venture.
Review and Discussion Q uestions 191
' Key Terms
accounts receivable
financing
accredited purchaser
angel capital
bootstrapping
business angel
cro,vdf unding
debt financing
direct public offering
(DPO)
equity financing
factoring
finance companies
informal risk capitalist
initial public offering
(IPO)
peer-to-peer (P2P) lending
private placement
Regulation D
sophisticated investor
special purpose acquisition
companies (SPACs)
trade credit
venture capitalist
Review and Discussion
Questions
1. Using Figure 8.1, describe some of the sources of capital
available to entrepreneurs and discuss how they
correlate to the varying levels of risk involved with
each stage of the venture.
2. Explain bootstrapping with its advantages and
disadvantages.
3. What are the benefits and drawbacks of equity and of
debt financing? Briefly discuss both.
4. If a new vent ure has its choice between long-term debt
and equity financing, which would you recommend?
Why?
5. Why would a venture capitalist be more interested
in buying a convertible debenture for $500,000 than
in lending the new business $500,000 at a 4 percent
interest rate?
6. What are some of the advantages of going public?
What are some of the disadvantages?
7. What is the objective of Regulation D?
8. If a person inherited $100,000 and decided to buy
stock in a new venture through a private placement,
how would Regulation D affect this investor?
9. How has crowdfunding changed the landscape of
new-venture financing?
10. Is it easier or more difficult to get new-vent ure financing
today? Why?
11. Some entrepreneurs do not like to seek new-venture
financing because they feel that vent ure capitalists are
greedy. In your opinion, is this true? Do these ca pi ta lists
want too much?
12. Identify and describe three objectives of venture
capitalists.
13. How would a vent ure capitalist use Figure 8.2 to
evaluate an investment? Use an ill ustration in your
answer.
14. Identify and describe four of the most common criteria
that venture capitalists use to evaluate a proposal.
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Chapter 9
Legal Challenges for Entrepreneurial
Ventures 198
Chapter 10
Marketing Challenges for Entrepreneurial
Ventures 221
YA lex/Sh utter stock .com
Chapter 11
Financial Preparation for Entrepreneurial
Ventures 245
Chapter 12
Developing an Effective Business Plan 274
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Legal Challenges for
Entrepreneurial
Ventures
Learning Objectives
9.1. Explain the importance of legal issues for entrepreneurs
9.2. Identify patent protection, including definitions and preparation
9.3. Discuss copyrights and their relevance to entrepreneurs
9.4. Explain trademarks and their impact on new ventures
9.5. Identify the legal forms of organization: sole proprietorship,
partnership, and corporation
9.6. List the advantages and disadvantages of each of these three
legal forms
9.7. Explain the nature of the limited partnership and limited liability
partnerships
9.8. Discuss how an S corporation works
9.9. Define the additional classifications of corporations, including
limited liability companies ILLCs),
B corporations, and low-profit, limited liability companies IL3Cs)
9.10. Identify the major segments of the bankruptcy law that apply to
entrepreneurs
Entrepreneurial Thought
A major difficulty for the inexperienced entrepreneur is the host of
strange terms and phrases which are
scattered throughout most legal documents. The novice in this kind
of reading should have some understanding
not only of what is contained in such documents, but also why these
provisions have been
included. If an entrepreneur cannot find the time or take the interest
to read and understand the major contracts
into which his company will enter, he should be very cautious about
being an entrepreneur at all.
- Patrick R. Liles, Harvard Business School
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No +
hat ty
licati
u fili
(new variety of asexually
produced plant)
Utility Patent (most common)
(useful process, machine, article of
manufacture, composition of matter)
Determine Filing Strategy
~
No
l
Applicant files replies, requests for reconsideration, and
appeals as necessary
J..
If objections and rejection of the examiner are overcome,
USPTO sends Notice of Allowance and Fee(s) due
,. ...
Applicant pays the issue fee and the publication fee f-.
Maintenance fees due 3 ½, 7 ½, and 11 ½ years after patent grant +---
No
>-+--
~ EfS.Web
'
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to intellectual property righ ts. The emerging body of la\.v
governing cyberspace is often referred to as cyberlaw.
One of the initial trademark issues involving intellectual
property in cyberspace has been \.vhe ther domain
names (Internet addresses) should be treated as trademarks
or simply as a 1neans of a ccess, similar to street
addresses in the physical world. Increasingly, the courts
are holding that the principles of t rademark la\.v should
apply to domain names. One problem in applying t rademark
la\.v to Internet domain names, however, is that
trademark la\.v allows multiple parties to use the same
mark- as long as the mark is used for different goods or
services and \.vill not cause customer confusion. On the
Internet as it is currently struct ured, only one party can
use a particular domain name regardless of the type of
goods or services offered. In other \.Vords, although t\.vo
or 1nore businesses can own the trademark Entrevision,
only one business can operate on the Internet \.Vith the
domain name Entrevision.com. Because of this restrictive
feature of domain names, a question has arisen as
to \.vhether domain names should func tion as trademarks.
To date, the courts that have considered this
question have held that the unauthorized use of another's
mark in a domain name 1nay constitute trademark
infringement. 16
Legal Forms for Entrepreneurial Ventures 205
Table 9.2 provides a comprehensive outline of the
forms of intellectual property protection.
9-4 Legal Forms for
Entrepreneurial Ventures
L09.5 Identify the legal forms of organization: sole
proprietorship, partnership, and corporation
Prospective entrepreneurs need to identify the legal form
or structure that \.vill best suit the de1nands of the venture.
The necessity for this derives from changing tax
la\.vs, liability situations, the availability of capital, and
the co1nplexity of business fo n n ation. 17 When exa1nining
these legal forms of organizations, entrepreneurs
need to consider a few important factors:
• Ho\.v easily the fonn of business organization can be
implemented
• The amount of capital required to i1nplement the
form of business organization
• Legal considerations that might limit the options
available to the entrepreneur
The Entrepreneurial Process
I
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Table 9.2 Forms of Intellectual Property
Definition
Requirements
Types or
categories
How acquired
A grant from the
government that
gives an inventor
exclus ive rights to
an invention.
An invention must
be:
1. Novel.
2. Not obvious.
3. Useful.
1 . Utility (general).
2. Design.
3. Pia nt (flowers,
vegetables, and
so on).
By filing a patent
application with
the U.S. Patent and
Trademark Office
and receiving that
office's approval.
An intang ible property r ight granted to
authors and originators of a literary work
or artistic production that falls within
specified categories.
Literary or artistic works must be:
1 . Original.
2. Fixed in a durable medium that
can be perceived, reproduced, or
communicated.
3. Within a copyrightable category.
1. Literary works (includ ing computer
programs).
2. Musical works.
3. Dramatic works .
4. Pantomime and choreographic works.
5. Pictorial, graphic, and sculptural
works.
6. Films and audiovisual works.
7. Sound recordings.
Automatic (once in tang ible form); to
recover for infringement·, the copyright
must be registered with the U.S.
Copyright Office.
Any distinctive word, name, symbol,
or device (image or appearance), or
combination thereof, that an entity uses
to identify and distinguish its goods or
services from those of others.
Trademarks, service marks, and trade
dresses must be sufficiently distinctive
(or must have acquired a secondary
meaning) to enable consumers and
others to distingu ish the manufacturer's,
seller's, or business user's products or
services from those of competitors.
1. Strong, distinctive marks (such as
fanciful, arbitrary, or suggestive
marks).
2. Marks that have acqu ired a
secondary meaning by use.
3. Other types of marks, including
certification marks and collective
marks.
4. Trade dress (such as a distinctive
decor, menu, style, or type of service).
1. At common law, ownersh ip is created
by use of mark.
2. Reg istration (either with the U.S.
Patent and Trademark Office or with
the appropriate state office) gives
constructive notice of date of use.
3. Federal reg istration is permitted
if the mark is currently in use or if
the applicant intends use within six
months (period can be extended to
three years).
4. Federal reg istration can be renewed
between the fifth and sixth years and,
thereafter, every ten years.
Any information (including formulas,
patterns, programs, devices,
techniques, and processes) that a
business possesses and that gives
the business an advantage over
competitors who do not know the
information or process.
Information and processes that
have commercial value, that are not
known or easily ascerta inable by the
general public or others, and that are
reasonably protected from disclosure.
1 . Customer lists.
2. Research and development.
3. Plans and programs.
4. Pricing information.
5. Production techniques.
6. Marketing techniques.
7. Formulas.
8. Compilations.
Through the originality and
development of information and
processes that are unique to a
business, that are unknown by
others, and that would be valuable
to competitors if they knew of the
information and processes.
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Rights An inventor has The author or originator has the exclusive The owner
has the right to use the mark The owner has the right to sole and
the right to make, right to reproduce, dis tribute, display, or trade dress and to
exclude others exclus ive use of the trade secrets and
use, sell, ass ign, license, or transfer a copyrighted work. from using it. The right
of use can be the right to use legal means to protect
or license the licensed or sold (assigned) to another against misappropriation of
the trade
invention during secrets by others. The owner can
the duration of the license or assign a trade secret.
patent's term. The
first to invent has
patent rights.
Duration 20 years from 1 . For authors: the life of the author, plus Unlimited, as
long as it is in use. To Unlimited, as long as not revealed to
the date of 70 years. continue notice by reg istration, the others.
application; for 2. For publ ishers: 95 years after the registration must be
renewed by filing.
design patents, 14 date of publication or 120 years after
years. creation.
Civil Monetary Actual damages, plus profits received 1. In junction prohibiting
future use of Monetary damages for
remedies for damages, which by the infringer; or statutory damages of mark.
misappropriation (the Uniform Trade
infringement include reasonable not less than $500 and not more than 2. Actual
damages, plus profits received Secrets Act permits punitive damages
royalties and $20,000 ($100,000, if infringement is by the infringer (can be
increased to up to twice the amount of actual
lost profits, plus willful); plus costs and a Homeys' fees. three times the actual
damages under damages for willful and malicious
attorneys' fees. the Lanham Act) . misappropriation); plus costs and
(Treble damages 3. lmpoundment and destruction of attorneys' fees.
are available infringing articles.
for intent ion al 4. Plus costs and attorneys' fees.
infringement.)
Source: Frank B. Cross and Roger LeRoy l\'1iller, West 's Legal Environment of
Business, 4th ed.© 2001 Cengage Learning; see also Roger LeRoy ~,tiller, The Legal
Environment Today, 10th ed.
(Mason, OH: Cengage, 2022). r(
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208 Chapter 9 Legal Challenges for Entrepreneurial Ventures
• The tax effects of the forrn of organization selected
• The potential liability to the o,vner of the form of
organization selected
Three primary legal forms of organization are the sole
proprietorship, the partnership, and the corporation.
Because each form has specific advantages and disadvantages,
it is impossible to recommend one form over
the other. The entrepreneur's specific situation, concerns,
and desires ,vill dictate this choice. 18
9-4a Sole Proprietorships
A sole proprietorship is a business that is o,vned and
operated by one person. The enterprise has no existence
apart from its o,vner. This individual has a right to all
of the profits and bears all of the liability for the debts
and obligations of the business. The individual also has
unlimited liability, which means that their business and
personal assets stand behind the operation. If the company
cannot meet its financial obligations, the owner
rnay be forced to sell the farnily car, house, and whatever
assets ,vould satisfy the creditors.
To establish a sole proprietorship, a person merely
needs to obtain ,vhatever local and state licenses are necessary
to begin operations. If the proprietor chooses a
fictitious or assumed name, they also must file a certificate
of assumed business name ,vith the cotmty. Because
of its ease of formation, the sole proprietorship is the
rnost ,videly used legal form of organization. 19
Advantages of Sole Proprietorships
L09.6 List the advantages and disadvantages of each of these
three legal forms
Some of the advantages associated ,vith sole proprietorships
are as follo,vs:
• Ease of formation. Less formality and fe,ver restrictions
are associated ,vith establishing a sole proprietorship
than ,vith any other legal form. The
proprietorship needs little or no governmental
approval, and it usually is less expensive than a partnership
or corporation.
• Sole ownership of profits. The proprietor is not
required to share profits ,vith anyone.
• Decision making and control vested in one owner.
No co-o,vners or partners must be consulted in the
running of the operation.
• Flexibility. Managernent is able to respond quickly
to business needs in the form of day-to-day management
decisions as governed by various la,vs and
good sense.
• Relative fre edom from governmental control.
Except for requiring the necessary licenses, very
little governmen ta! in terference occurs in the
operation.
• Freedom from corporate business taxes. Proprietors
are taxed as individual taxpayers and not as
businesses.
Disadvantages of Sole Proprietorships
Sole proprietorships also have disadvantages. Some of
these are as follo,vs:
• Unlimited liability. The individual proprietor is personally
responsible for all business debts. This liability
extends to all of the proprietor's assets.
• Lack of continuity. The enterprise may be crippled
or terminated if the o,vner becomes ill or dies.
• Less available capital. Ordinarily, proprietorships
have less available capital than other types of
business organizations, such as partnerships and
corporations.
• Relative difficulty obtaining long-term financing.
Because the enterprise rests exclusively on one person,
it often has difficulty raising long-term capital.
• Relatively limited viewpoint and experience. The
operation depends on one person, and this individual's
ability, training, and expertise ,vill limit its direction
and scope.
9-4b Partnerships
A partnership, as defined by the Revised Uniform
Partnership Act (RUPA), is an association of c-vo or more
persons ,vho act as co-o,vners of a business for profit.
Each partner contributes money, property, labor, or skills,
and each shares in the profits (as ,vell as the losses) of
the business. 20 Although not specifically required, ,vritten
articles of partnership are usually executed and
are ahvays recommended. This is because, unless otherwise
agreed to in ,vriting, the courts assume equal
partnership-that is, equal sharing of profits, losses,
assets, management, and other aspects of the business.
The articles of partnership clearly outline d1e financial
and managerial contributions of the partners and carefully
delineate the roles in the partnership relationship,
including such items as duration of agreernent, character
of partners (general or limited, active or silent ), division
of profits and losses, salaries, death of a partner ( dissolution
and ,vindup), authority (individual partner's authority
on business conduct ), settlement of disputes, and
additions, alterations, or modifications of partnership.
In addition to the ,vritten ar t icles, ent repreneurs
must consider a number of different types of
partnership arrangements. Depending on the needs
of the enterprise, one or rnore of these may be used.
Examples include the percentage of financial investrnent
of each partner, the amount of rnanagerial control
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Table 9.3 General Characteristics of Forms of Bus iness
Formation
Duration
Management
Owner liability
Transferability of
owners' interest
Federal income
taxation
Sole
Proprietorship
I When one person
owns a business
without form ing
a corporation or
LLC
I Terminates
on death or
withdrawal of
sole proprietor
I
Partnership
By agreement
of owners or by
default when two
or more owners
conduct bus iness
together without
form ing a limited
partnersh ip, an LLC,
or a corporation
Usually unaffected
by death or
withdrawal of
partner
I By sole proprietor By partners
I
Limited
Liability
Partnership
By agreement
of owners;
must comply
with limited
liability
partnersh ip
stat·ute
Unaffected
by death or
withdrawal of
partner
I By partners
I Mostly limited
to capital
contribution
None
Usually only
partners taxed;
may elect to
be taxed like a
corporation
Limited
Partnership
By agreement
of owners;
must comply
with lim ited
partnership
statute
Unaffected
by death or
withdrawal
of partner,
unless sole
general partner
, dissociates
I By general
partners
Unl imited
for general
partners; limited
to capital
contribution for
limited partners
None, unless
agreed
otherwise
Usually only
partners taxed;
may elect to
be taxed like a
corporation
Limited
Liability
Limited
Partnership
By agreement
of owners;
must comply
with limited
liability l imited
partnersh ip
statute
Unaffected
by death or
withdrawal of
partner, unless
sole general
partner
di ssoc ia tes
By general
partners
Limited
to capital
contribution
None, unless
agreed
otherwise
Usually only
partners taxed;
may elect to
be taxed like a
corporation
Corporation
By agreement
of owners;
must
comply with
corporation
statute
Unaffected
by death or
withdrawal of
shareholder
By board of
directors
Limited
to capital
contribution
Freely
transferable,
although
shareholders
may agree
otherwise
Corporation
taxed;
shareholders
taxed on
dividends
(double tax)
S Corporation
By agreement
of owners; must
comply with
corporation state;
must elect S
Corporation status
under Subchapter
S of Internal
Revenue Code
Unaffected
by death or
withdrawal of
shareholder
By board of
directors
Limited to capital
contribution
Freely
transferable,
although
shareholders
usually agree
otherwise
Only shareholders
taxed
Limited
Liability
Company
By agreement
of owners;
must comply
with limited
liability
company
statute
Usually
unaffected
by death or
withdrawal of
member
By managers
or members
Limited
to capital
contribution
None, unless
agreed
otherwise
Usually only
members
taxed; may
elect to be
taxed l ike a
corporation
Source: Jamie D. Prenkert, A. James Barnes,Joshua E. Perry, Todd Haugh, and Abbey
Stemler, Business Law: Tin Ethical, Global, and Digital Environment, 18th ed. (New York:
McGraw-Hill,
2022), 37-B. © 1l1e McGraw-Hill Companies, Inc.
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212 Chapter 9 Legal Challenges for Entrepreneurial Ventures
9-5b Limited Liability Partnerships
The limited liability partnership (LLP) is a relatively new
form of partnership that allo"vs professionals the tax
benefits of a partnership "vhile avoiding personal liability
for the malpractice of other partners. If a professional
group organizes as an LLP, innocent partners are not personally
liable for the "vrongdoing of the other partners.
The LLP is similar to the limited liability company
discussed later. The difference is that LLPs are designed
more for professionals "vho normally do business as a
partnership. As \.Vith lirnited liability companies, LLPs
must be formed and operated in compliance "vith state
statutes.
One of the reasons "vhy LLPs are becoming so popular
among professionals is that most sta cutes make it
relatively easy to establish an LLP. This is particularly
true for an already formal partnership.
Converting frorn a partnership to an LLP also is easy
because the firm's basic organizational structure rernains
the sarne. Additionally, all of the statutory and commonla"
v rules governing partnerships still apply (a part from
those modified by the LLP statute). Normally, LLP statutes
are simply arnendments to a state's already existing
partnership la\.v.24
The limited liability limited partnership (LLLP) is
a relatively ne"v variant of the limited partnership. An
LLLP has elected limited liability status for all of its
partners, including general partners. Except for this liability
status of general partners, limited partnerships and
LLLPs are identical ( see Table 9 .4 for characteristics of
limited partnerships and LLLPs).
9-5c S Corporations
L09.8 Discuss how an S corporation works
Fonner! y terrned a Subcha pter S corporation, the
S corporation takes its name from Subchapter S of the
Internal Revenue Code, under "vhich a business can seek
to avoid the imposition of income taxes at the corporate
level yet retain some of the benefits of a corporate form
(especially the limited liability).
Comrnonly known as a "tax option corporation," an
S corporation is taxed similarly to a partnership. Only
an information form is filed \.Vith the Internal Revenue
Service to indicate the shareholders' income. In this
rnanner, the double-taxation problem of corporations
is avoided. Corporate incorne is not taxed but instead
flo"vs to the personal income of shareholders of businesses
and is taxable at that point.
Although this is very useful for small businesses, strict
guidelines rnust be follo\.ved:
1. The corporation must be a domestic corporation.
2. The corporation must not be a member of an affiliated
group of corporations.
3. The shareholders of the corporation must be individuals,
estates, or certain trusts. Corporations,
Table 9.4 Principal Characteristics of Limited Partnerships and LLPs
1 . A limited partnersh ip or LLLP may be created only in accordance with a
statute.
2. A limited partnersh ip or LLLP has two types of partners: general partners and
limited partners. It must have one or more of
each type.
3. All partners, l imited and general, share the profits of the business.
4. Each limited partner has liability limited to their capital contribution lo the
business. Each general partner of a limited
partnersh ip has unlimited liability for the obligations of the business. A general
partner in an LLLP, however, has liability
limited to their capital contribution.
5. Each general partner has a right to manage the business, and they are agents
of the limited partnership or LLLP. A limited
partner has no right to manage the bus iness or to act as its agent, but they do
have the right to vote on fundamental matters.
A limited partner may manage the business yet reta in limited liability for
partnership obligations.
6. General partners, as agents, are fiduciaries of the bus iness. Limited partners
are not fiduciaries.
7. A partner's rights in a l imited partnership or LLLP are not freely transferable. A
transferee of a general or limited partnersh ip
interest in not a partner but is entitled only to the transferring partner's share of
capital and profits.
8. The death or other withdrawal of a partner does not dissolve a limited
partnership or LLLP, unless there is no surviving
general partner.
9. Usually, a limited partnership or LLLP is taxed like a partnersh ip.
Source: Adapted from Jamie D. Prenkert, A. James Barnes, Joshua E. Perry, Todd Haugh,
and Abbey Stemler, Business Law: The Ethical, Global,
and Digital Environment, 18th ed. (New York: l'vkGraw-Hill, 2022), 40-10.
Copyrig,ln '2024 Ccngagc U!llming. All Rights Reserved. May OOI be oopicd. 91.'nMCd. ot duplicmcd. in wholcot in pan. Due 10 d~wooic
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Bankruptcy 215
Table 9.5 Bankruptcy: A Comparison of Chapters 7, 11, and 13
'
Diversity Entrepreneurship
Remote Work's Impact on Diversity, Equity, and
Inclusion
The COVID-19 pandemic has shaken many parts of our lives,
includ ing work. The number of remote jobs has exploded,
and so has the desire to work remotely. According to one survey,
fewer than 20 percent of employees who currently work
remotely report wanting to return to daily commuting. The shift
to remote work may have had a positive effect on productivity
for many employees; however, we need to acknowledge
that this shift has also had important implications on d iversity,
equity, and inclusion initiatives.
Remote work has the potential lo open the company
doors to a d iverse pool of candidates and enable more inclusive
environments. This is especially true for those employees
who might otherwise be excluded from many job opportunities
due lo d isabilities, lack of daily commuting options, or caregiving
responsibilities. For example, a person w ith chronic
health issues no longer needs to navigate workplace accommodations
and is able to perform the duties from home, where
the person feels most comfortable. However, the company
needs to be careful about how it treats in-person, hybrid, and
remote workers. As much as remote work enables many equityenhancing
opportunities, ii also possesses equ ity-reducing
threats. It is easy to imagine how a mixture of an in-person and
remote workforce could enable people w ith a wider variety of
backgrounds and abilities to work for the company yet how
those who work remotely all or most of the time could potentially
be disadvantaged when it comes to career advancement
opportunities and promotions.
One of the key aspects that leaders should consider when
creating an inclusive workplace is the use of collaborative technology
that connects remote or hybrid employees with those
working in person. While having the same access to the same
tools and benefits across the board is paramount, so is the way
that the technology is used. Leaders have the potential to use
collaboration tools and onl ine skills training initiatives to encourage
participation of the voices that might otherwise not have
been heard in a traditional office selling. Many of us have
experienced the disconnect in conversations between those
who were attending a meeting in person and those who connected
onl ine. The remote employees would try to contribute to
the conversation, while in-person employees would have d ifficulties
hearing them speak and might misinterpret their inputs.
These conversations would end with d iscussions among in-person
employees, while remote employees were often forgotten.
It is important not only that these tools are accessible but
also that they are used to promote inclusion, education, and
a sense of open community to foster a culture of equal ity. A
recent survey found that employees of color, caregivers, and
women are most likely to prefer remote or hybrid work, which
makes it that much more important to create a workplace of
inclusivity and equal opportunity so as to not risk marginal izing
specific demographic groups, which would counteract any
positive efforts in hiring a d iverse workforce
While remote work can connect a more d iverse group
of people, it can also cause some candidates to feel disconnected
and unproductive. Many people do enjoy connecting
with other employees during lunch or stopping by each other's
desk in between tasks. Because an individual has chosen a
remote type of work does not mean that the person does not
care for casual office conversations or forming connections
w ith coworkers . This is especially true for those individuals
who consider remote work nol an option but a necessity. Companies
should offer employees tools and resources to build
spaces where they can feel supported and connected to others,
such as w ith Employee Resource Groups (ERGs) Google,
for example, has created ERGs that bring together employees
with shared interests, experiences, or backgrounds to provide
them with a sense of community and belonging that supports
them while they try to navigate the changing work landscape.
Google's ERGs build a community by hosting virtual yoga sessions,
career development sessions, globol summits, or dedicated
"office hours" for employees to sign up to talk to a peer
about anything that is on their mind. Another popular tool for
mainta ining a virtual company culture is Slack. In Slack, work
happens in channels - dedicated spaces for all the right people
to have focused discussions on a specific topic. In lieu of
working in the same location together, channels allow everyone
to see the same conversations and stay up to date with the
latest files and decisions, keeping your team naturally al igned
from anywhere.
Even as the COVID- 19 pandemic becomes a thing of the
past, remote and hybrid work is likely lo be a key part of how
we conduct business globally. The pandemic has thrown many
businesses into the uncharted world of fully remote work, surfacing
both good and bad aspects. As businesses transition
into a new normal, taking thoughtful actions and learnings from
these experiences can create more inclusive cultures that can
real ize the full potential of its employees whether they are in
person or remote.
Source: Adopted from Steven T. Hunt, ' How Hybrid Remote Work
Improves Diversity and Inclusion' Forbes, Moy 202 1; Melonie Porker
' Google's Chief Diversity Officer Reflects on Being Inclusive in Year 3 of
Remote Work,• fast Company, March 2022; Diano Ellsworth, Ruth lmose,
Stephanie Madner, and Rens van den Broek, ' Sustaining and Strengthening
Inclusion in Our New Remote Environment,' McKinsey & Company,
July 2020; and • An Introduction lo the Slack Platform,' https/ / opi.slack
.com/start/ overview.
Copyrig,ln '2024 Ccngagc U!llming. All Rights Reserved. May OOI be oopicd. 91.'nMCd. ot duplicmcd. in wholcot in pan. Due 10 d
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Lcamingt(SCtv<':i lhc tigh11o tcmovc addi1ioo:ll coocm m :my lime if sub$cqucm tight. tc~tk1ioos R--quitc ii.
Notes 219
Business: Its Legal, Ethical, and Global Environment, 11th 17. Sandra Malach,
Peter Robinson, and Tannis Radcliffe,
ed. (Mason, OH: Thomson/So uth-Western, 2018). "Differentiating Legal Issues by
Business Type," Journal
2. Gerald R. Ferrera, Margo E. K. Reder, Robert C. Bird, of Small Business
Management 44, no. 4 (2006}: 563- 76;
Jonathan J. Darrow, Jeffrey M. Aresty, Jacqueline Klosek, Mina Baliamoune-Lutz
and Pierre Garello, "Tax Structure
and Stephen D. Lichtenstein, Cyberlaw, 3rd ed. (Mason, and Entrepreneurship,"
Small Business Economics 42,
OH : South-Western/Cengage, 2012); see also Constance no. 1 (2014}: 165- 90.
E. Bagley and Craig E. Da uchy, The Entrepreneur's 18. For a detailed discussion of
each form, see Clarkson et al.,
Guide to Business Law, 5th ed . (Mason, OH: So uth- Business Law, 706- 854.
Western/Cengage, 2018), and Reinhilde Veugelers and 19. For fur ther disc ussion on
the legal aspects of propri-
Cedr ic Schneider, "Which IP Strategies Do Young Highly etorships, see Clarkson et
al., Business Law, 706- 8;
Innovative Firms Choose?," Small Business Economics 50, see also Stephan F.
Gohmann and Jose M. Fernandez,
no. l (2018}: 113- 29. " Proprietorship and Un employment in the United
3. Reprinted by permission of the Harvard Business Review. An States," Journal of
Business Venturing 29, no. 2 (201 4}:
excerpt from "Making Patents Work for Small Companies," 289- 309.
by Ronald D. Rothchild, July/August 1987, 24-30. Copyright 20. For a good analys is
of partnerships, see Clarkson et al. ,
© 1987 by the President and Fellows of Harvard College; all Business Law, 719- 36.
rights reserved. See also David Pressman, Patent It Yourself
21. For the complete Revised Uniform Partners hip Act and
Your Step-by-Step Guide to Filing at the U.S. Patent Office, the Revised Uniform
Limited Partnership Act, see Prenkert
15th ed. (Berkeley, CA: Nolo Press, 2011). et al., Business Law, 37-13- 37-20 and
38-1- 38-15.
4. See Rothchild, "Making Pa tents Work for Sma ll 22. For a detailed disc ussion of
corporate laws and regula-
Companies," 28, and Pressman, Patent It Yourself, 14. tions, see Prenkert et al.,
Business Law, 42-1-44-29.
5. Kenneth W. Clarkson, Roger Miller, and Frank B. Cross, 23. For a good o utline of
the Revised Uniform Pa rtnership
Business Law, 14th ed . (Mason, OH: Cengage/So uth- Act and the Revised Uniform
Limited Partnership Act, see
Western , 2018), 158- 62; see also H. Kev in Steensma, Clarkson et al., Business
Law, 732.
Mukund Chari, and Ra lph Heidi , "The Quest for 24. For more detail Expansive
Intellectual Property Rights and the Fail ure on limited par tnerships, see Prenker t
to Disclose Known Re leva nt Pr ior Art ," Strategic et al., Business Law, 40-9-40-17.
Management Journal 36, no. 8 (2015): 1186- 1204. 25. See Bagley and Dauchy, The
Entrepreneur's Guide to
6. See Jamie D. Prenkert, A. James Barnes, Joshua E. Perry,
Business Law. See also "Limited Liability Company,"
U.S. Small Business Administration, 2015, https://
Todd Haugh, and Abbey Stemler, Business Law: The Ethical, www.sba.gov/co
ntent/limi ted -lia bility-co m pany-llc,
Global, and Digital Environment, 18th ed . (New York: accessed January 9, 2015,
and "The Revised Uni form
McGraw-Hill, 2022), 8-2- 8-10, and M Kato, K. Onishi, and Limited Liability
Company Act," National Conference
Y. Honjo, "Does Patenting Always Help New Firm Survival? of Commissioners on
Uniform State Laws, 2006, http ://
Understanding Heterogeneity among Exit Routes," Small
www.uniformlaws.org/shared/docs/limited %20liability%
Business Economics 59, no. 2 (2021}: 449- 75. 20company/ullca_final_06rev. pdf,
accessed Janua ry 9,
7. Prenkert et al., Business Law, 8-11. 2015. For further discussion on the legal
aspects of LLPs,
8. Prenkert et al., Business Law, 8-14- 8-15. see Prenkert et al., Business Law, 40-9-
40-17.
9. Prenkert et al., Business Law, 8-16. 26. "Certi fied B Corporation ,"
http://www.bcorporation
10. "Trademark Basics," United Sta tes Patent and Trademark
.net, accessed January 9, 2015; Jamie Raskin, "The Rise
of Benefit Corporations," The Nation, June 27, 2011;
Office, 2018, http://www.uspto.gov/trademarks/basics/
James Surowiecki, "Companies with Benefi ts" The New
index.jsp#, accessed January 8, 2018. Yorker, August 4 , 201 4 ,
http://www.newyorker.com
11. " Tra demark Por tfo lio Man agement Strategies," /magazine/201 4/08/04/com
panies-benefits, accessed
Interna ti onal Trademark Associa tion, 2015, http:// January 9, 2015.
www.i nta. or g/Tra de mark Ba sics/F ac tSh ee ts/Pages/ 27. Gene Takagi, "L3C-
Low Profit Limited Liability Company,"
TrademarkPortfolioManagementStrategies.aspx, accessed N on Profit Law Blog,
http://www.nonprofitlawblog
January 8, 2015. .com/home/2008/07/13c.html, accessed January 9, 2015.
12. Prenkert et al., Business Law, 8-29- 8-30. 28. Ha rlan D. Pla tt, \Vhy Companies
Fail (Lexington, MA:
13. Michael Finn, "Everything You Need to Know about Lex ington Book s, 1985),
83; Howard Van Auken ,
Trademarks and Publishing," Publishers \Veekly, January Jeffrey Ka ufmann, and Pol
Herrmann, "An Empir ical
6, 1992, 4 1-44; Joern H . Block, Geertjan De Vries, Jan Analysis of the Relationship
between Capital Acquisition
H . Schumann, and Philipp Sandner, "Trademarks and and Bankr uptcy Laws,"
Journal of Small Business
Venture Capital Valuation, Journal of Business Venturing Management 47, no. 1
(2009}: 23- 37; Mike W. Peng,
29, no. 4 (2014}: 525-42. Yasuhiro Yamakawa, and Seung-Hyun Lee, "Bankruptcy
14. See Prenkert et al., Business Law, 8-35- 8-38.
Laws and Entrepreneur-Friendliness," Entrepreneurship
Theory and Practice 34, no. 3 (2010}: 517- 30.
15. Prenkert et al., Business Law, 8-38. 29. For a detailed disc ussion of Chapter 7
bankruptcy, see
16. Ferrera et al., Cyberlaw, 103- 29; see also Prenkert et al., Prenkert et al., Business
Law, 30-3- 30-19; see also
Business Law, 296. Clarkson et al., Business Law, 581- 94.
Copyrig,ln '2024 Ccngagc U!llming. All Rights Reserved. May OOI be oopicd. 91.'nMCd. ot duplicmcd. in wholcot in pan. Due 10 d ~wooic
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Marketing Challenges
for
Entrepreneurial
Ventures
Learning Objectives
10.1. Explain the new marketing concept for entrepreneurs
10.2. Discuss the importance of marketing research for new
ventures
10.3. Identify the key elements of an effective market survey
10.4. List the factors that inhibit the use of marketing
10.s. Explain the emerging use of social media marketing and
mobile marketing
10.6. Identify the components of effective marketing
10.7. Summarize the marketing concept: philosophy, segmentation,
and consumer orientation
10.a. Identify the areas vital to a marketing plan
10.9. List the key features of a pricing strategy
10.10. Discuss pricing in the social media age
Entrepreneurial Thought
Master the topic, the message, and the delivery.
-Steve Jobs, Founder, Apple
Brand is just a perception, and perception will match reality over
time.
-Elon Musk, Founder, SpoceX
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~ . .@ format a- · - P-
Questionnaire length Long Moderate to long Moderate
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10-Jb Complexity
A number of marketing research techniques rely on
sampling, surveying, and stat istical analysis. This
complexity- especially the q uantita ti ve aspect s- is
frightening to many entrepreneurs, and they shun it. The
important point to remember is that the key concern is
interpretation of the data, and an entrepreneur always
can obtain the advice and counsel of those skilled in statistical
design and evaluation by calling on the services
of marketing research specialists or university professors
trained in this area.
10-Jc Strategic Decisions
Some entrepreneurs feel that only major strategic decisions
need to be supported through marketing research.
This idea is tied to the cost and complexity issues
already mentioned. The contention is that, because
of the cost and stat istical complexity of marketing
research, it should be conducted only "vhen the decisions
to be made are major. The problem lies not only
in the misunderstanding of cost and complexity but also
in the belief that marketing research's value is restricted
to major decisions. Much of the entrepreneur's sales
efforts could be enhanced through the results of such
research. 11
10-3d Irrelevancy
Many entrepreneurs believe that marketing research
data "vill contain either information that merely supports
"vhat they already know or irrelevant information.
Although it is true that rnarketing research does produce
a variety of data, some of "vhich may be irrelevant, it
is also a fact that much of the information is useful. In
addition, even if certain data merely confirm "vhat the
entrepreneur already knows, it is kno"vledge that has
been tested and thus allo"vs the individual to act on it
"vith more confidence.
As indicated by these inhibitors, rnost of the reasons
that entrepreneurs do not use marketing research center
either on a misunderstanding of its value or on a fear of
its cost. However, the approach to marketing does not
have to be expensive and can prove extremely valuable.
10-4 Social Media
Marketing
LO10.5 Explain the emerging use of social media marketing
and mobile market ing
"Mobile apps, social media, advertising nenvorks,
video streaming, broadband, Fla sh, optimization!
These are only a few of the Internet-related terms
that have entered the marketing vocabulary in recent
Social Media Marketing 227
years ... suggesting ho"v complex the marketing job
has become in the Internet age." 12
Today, our "vorld is dorninated by social net"vorks,
online communities, biogs, "vikis, and other online collaborative
rnedia. Social media marketing describes the
use of t hese tools for marketing purposes. The most
common social media marketing tools include T"vitter,
biogs, Linkedin, Facebook, Pinterest, Instagrarn, and
YouTube. There are three important aspects to consider
"vith social media marketing:
1. Create sornething of value with an event, a video,
a t"veet, or a blog entry that attracts attention and
becomes viral in nature. This viral replication of a
message through user-to-user contact is what rnakes
social media marketing "vork.
2. Enable custorners to promote a message themselves
with multiple online social media venues. Fan pages
in T"vitter and Facebook are exarnples of this.
3. Encourage user participation and dialogue. A successful
social media marketing program must fully
engage and respect the customers with online conversations.
Social rnedia marketing is not controlled
by the organization.13
As you can see in these three elements, the real goal
of social media marketing is to create a conversation
among customers in your market space- a type of
"vord-of-mouth marketing that reaches a critical mass.
And why is this so critical for entrepreneurs and their
start-up vent ures? Researchers focused on social media
marketing have pointed to the follo"ving facts:
• Facebook no"v has over 1 billion users (larger than
the populations of the United States, Canada, and
Mexico combined).
• According to a social media study, three-quarters
of the online population is comprised of frequent
social media users.
• Google processes over 3 .5 billion online searches
every day (or 1.2 trillion per year).
• Forrester Research estimates that online U.S. retail
spending "vill reach $414 billion by 2018, or 11 percent
of the entire retail rnarket. 14
10-4a Key Distinctions of Social
Media Marketing
As we pointed out earlier in the chapter, it is a cornplete
rnisconception to think that social media marketing is
just using online social media sites to do t raditional
rnarketing. The traditional marketing approach, emphasizing
the 4 Ps (product, price, place, and promotion),
still has some important lessons for marketing, but in
the ne"v terrain of social media, it has to be adapted
or in some areas changed completely.That is "vhy "ve
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