Month: April 2019

Comparative advertising, an art of war!

By: Dilawar Ali Fazal

Comparative advertising is a hard-biting and attention-grabbing way of saying that we are better than our competitors. It’s a marketing strategy frequently used by competing companies to increase their sales and have a greater market share by advertising and comparing their products with similar competing products. The Federal Trade Commission (FTC) defines comparative advertising as “advertising that compares alternative brands on objectively measurable attributes or price, and identifies the alternative brand by name, illustration or other distinctive information.”

Types of comparative advertising claims

There are two types of comparative advertising claims: superiority claims and parity claims. Superiority claims explicitly or implicitly assert that the product advertised is better than that of competitors. Whereas, parity claims assert that the advertiser’s product is at least as good as the competitor’s product.

These comparative claims are usually based on two types of data: facts and research results. Facts are basically factual statements. For example, an airline company may claim that it has more flights to New York than its competitors. This is a factual statement which can be verified or refuted with certainty. Research results, on the other hand, are the outcomes of a scientific procedure, like a pharmaceutical company claiming its digestive pills can make people “feel better faster.” This is a research result claim and the truth or falsity of the assertion depends on the research method used.

Federal law governing comparative advertising

The issue of comparative advertising became common after trademark legislation made it easier to sue competitors for advertising attacks. According to the Trademark Law Revision Act of 1988, anyone is vulnerable to a civil action that “misrepresents the nature, characteristics, qualities, or geographical origin of his or her or another person’s goods, services, or commercial activities.” However, comparative advertising is legal as long as it is truthful and it is not false or deceptive. In court, the advertiser is under no obligation to prove the claim to be true, instead the competitor has to prove it is false.

The Lanham Act is the exclusive federal law that governs litigation between competitors over comparative advertising. Competitors can bring a claim for false and misleading advertising under Section 43(a) of the Lanham Act, but a competitor bringing a claim has to prove:

  1. The advertisement contains a false or misleading statement of fact about a product or service;
  2. Such statement either deceived, or had the capacity to deceive a substantial segment of potential consumers;
  3. The deception is material because it is likely to influence the consumer’s purchasing decision;
  4. The product is in interstate commerce; and
  5. The plaintiff has been or is likely to be injured because of the statement

For these reasons, companies sue each other, claiming that the competitor has distorted or invented the facts and have misled the consumers. Every year, companies spend millions of dollars in countering false advertising lawsuits, which not only causes monetary damage but also causes significant damage to the reputation and goodwill of their businesses.

Therefore, every comparative advertiser should be ready to go to court. Once your competitor files the lawsuit, little can be done to stop the process. However, there are ways to counter false advertising claims.

How to avoid false comparative advertising campaigns?

By following the correct guidelines of comparative advertising, companies can save themselves from a lot of trouble and can avoid monetary damages. The most obvious rule is to never make a false or misleading claim. Although, everyone wants a broad, strong claim against false comparative advertising, companies have to resist the temptation to remove the qualifiers. Therefore, it is advisable to not overstep data and to never make an unqualified claim based on qualified results. Companies also need to understand that pictures count too, and false pictures can get their ad enjoined, just as false words can.

Similarly, advertisers should remember that while making an ad, truth in comparative advertising is not enough; it must also be clear. Even a claim that is literally true may be enjoined under federal law if it is found to be misleading or has a tendency to mislead. Hence, companies should not use the truth to mislead the customers; even a mildly misleading claim may be enjoined.

Moreover, it is a common practice that companies tend to cherry-pick the research results which favor their brand. Courts have clearly held that companies should neither ‘only’ furnish the favorable results, nor should they contradict the research results. Sometimes an advertiser constructs a claim that belies its own research results because such advertisers tend to contradict the facts of their research and cherry-pick the favorable results.

Challenging a comparative advertising claim

Companies can challenge a competitor’s comparative advertising campaign in many ways; one such way is to run a response advertisement. Companies can also communicate with their competitors directly, usually by sending a demand letter. A demand letter states the legal argument against the truth of the claim and demands the advertiser to modify or discontinue the claim to avoid further action being taken against them.

If the advertisement is in dispute, companies can also submit a take-down request to the media outlet displaying the ad. However, take-down requests will only be complied with if a well-constructed argument shows that the competitor’s advertisement contains false or misleading claims.

Challengers can also press the FTC or relevant state officials to use their statutory authority to investigate and end an offending comparative ad. Whether the regulatory body will actually proceed will depend on the strength of challenger’s claim. In addition, an aggrieved party can bring a proceeding before the National Advertising Division (NAD).

NAD however does not examine deception, violation of law, or unfair advertising practice, rather it evaluates the express and implied messages communicated in the advertisement, and determines whether the advertiser has given a reasonable basis to support those messages. If none of the above remedies are successful, then a challenger may bring a claim under the Lanham Act on the basis discussed above.

Conclusion

Every comparative advertiser should be ready to go to court and must realize the cost of going to battle under federal law, because the litigation and research required in defending a comparative ad claim can be painfully expensive and wasteful. There are multiple other options which can be pursed but if a company decides to run a comparative ad, such as ensuring their data matches their claim and they are not misleading the consumers.

*This post was authored on April 1, 2019 and has been reprinted with Dilawar’s permission. The original post can be found here.

Currently, Dilawar is enrolled at Penn State Dickinson Law as an international student in the LL.M program. Dilawar was born and raised in Pakistan. He received his first law degree in Pakistan, from Lahore University of Management and Sciences (LUMS). Dilawar’s experience includes working in prominent corporate law firms in Pakistan.

 

Sources:

https://www.flabusinesslaw.com/litigation/is-your-competitor-making-false-comparative-advertising-claims/

https://hbr.org/1989/05/us-vs-them-the-minefield-of-comparative-ads

American Brands, Inc. v. R.J. Reynolds Tobacco Company, 413 F. Supp. 1210

Procter & Gamble Company v. Chesebrough-Pond’s, Inc., 588 F. Supp. 1082

https://www.lexology.com/library/detail.aspx?g=6e3cb612-571b-49af-8d03-e26c5ce93871

https://gowlingwlg.com/en/insights-resources/articles/2018/the-risks-of-comparative-advertising/

How the Music Modernization Act Makes Copyright “Cool”

By: Devon Kenefick

Online music streaming has become more readily accessible and plentiful over recent years. With the evolution of technology and the expansion of ways to listen to music, licensing and paying royalties to songwriters and artists has become increasingly difficult. New legislation is attempting to pave the way and make these processes more streamlined and efficient in order to bring the music industry into the 21st century.

The LEGISLATION

The Orrin G. Hatch-Bob Goodlatte Music Modernization Act (“The Act”) was signed into law on October 11, 2018 as a bipartisan piece of legislation. The Act was introduced in order to improve legal licensing of music by digital services and was intended to benefit songwriters, publishers, artists, record labels, libraries, and the public. The Act is separated into three main titles: Music Licensing Modernization, Classics Protection and Access, and Allocation for Music Producers.

Title I of the Act establishes a blanket licensing system for digital music service providers to give the public access to activities such as permanent downloads, limited downloads, and interactive music streaming. Title I is only applicable to digital music though, and physical copies of music (CDs, vinyl, tapes, etc.) will still be licensed for use per-work. This will make is easier for music copyright holders to receive royalties when their music is streamed. Essentially, the Register of Copyrights designates a non-profit collections society as the licensing collective to preside over the blanket licenses, as well as distribute royalties to publishers and songwriters. This collective entity will maintain a database of digital sound recordings that will be available to the public.

Title II of The Act extends remedies to pre-1972 sound recordings, bringing these works into the federal copyright system. Pre-1972 sound recordings were not protected by copyright law. Artists and composers will now receive royalties on sound recordings made prior to 1972. There will also be a process established for lawfully engaging in noncommercial uses of these works. Title III of the Act allows producers to receive part of the royalties collected for uses of sound recordings. This section also sought to increase royalties paid to audio engineers for the sound recordings they worked on.

Benefits of the Act

The Act modernizes the licensing system by having all licensing done electronically rather than sending individual Notice of Intentions to each publisher for each share of each song. Also, unclaimed royalties will fund the process, instead of being claimed by the digital service providers. Essentially, digital service providers will pay for maintaining the database by forwarding these unclaimed royalties and will have an easier time obtaining blanket licenses. Additionally, digital service providers must pay licensing fees for using songs that were recorded and released before 1972.

Performing rights organizations such as The American Society of Composers, Authors, and Publishers (“ASCAP”) and Broadcast Music, Inc. (“BMI”), the predecessors of The Act, are organized to collect licenses from artists, store them in a collective database, and then provide these licenses to broadcasters and other users in exchange for a fee. However, these organizations have been unable to keep up with the rapidly changing environment of music streaming. ASCAP and BMI supported the Music Modernization Act because it will aid them in offering licenses from a large, comprehensible database and they recognize the need to pay artists and other contributors fairly for their music.

What this Means for Entrepreneurs

Entrepreneurs in the music industry should be aware of The Act and the effects it may have on their business. The Act is not going to impact consumers of music streaming and is aimed at being fair to songwriters and other players in the music industry. With the evolution of music streaming sites, such as Spotify, revenues for music streaming and downloads have skyrocketed, but the holders of the sound recording copyrights have not received their fair share of the royalties. For example, if a song has 100 million streams this will generate revenue in the multi-millions of dollars. However, only about 5% or less goes to the music publishers, with the bulk of the revenue going to labels and singers. The portion going to publishers (songwriters) is called mechanical royalties and is often split several ways. Basically, the labels and singers are receiving more in royalties than songwriters and the Act aims to remedy this.

The licensing system and royalty payments will be streamlined, making it easier for artists to get paid for the use of their music. The existence of a centralized database of music licenses in which major publishers and streaming sites will participate will help all players in the music industry by providing structure. Independent record labels and other entrepreneurs in the music industry should keep up to date with changing laws in the entertainment field. Independent record labels will be affected, if not already, by streaming sites and will receive royalty payments from theses sites using licenses the label owns. These labels must also be cognizant of the royalty payments their artists receive and ensure they adequately reflect the percentage due to not only the singer but also the songwriter.

Overall, the changes will take place on a scale larger than independent record labels. However, The Act changes the face of copyright in the music industry arena, and it is important for all musicians and labels to maintain an understanding of their place in the industry.

*This post was authored on March 31, 2019 and has been reprinted with Devon’s permission. The original post can be found here.

 

Devon Kenefick, at the time of this post, is a third year law student at Penn State’s Dickinson Law. Originally from Maryland, she plans to take the bar exam in Maryland. She is interested in Business Law, Intellectual Property Law, and Entertainment Law. She is currently the Student Bar Association Secretary and a member of the Intellectual Property Society.

 

Sources:

https://www.billboard.com/articles/business/8216857/music-modernization-act-what-is-it-why-does-it-matter-jordan-bromley

https://www.soundexchange.com/advocacy/music-modernization-act/

https://www.theverge.com/2018/10/11/17963804/music-modernization-act-mma-copyright-law-bill-labels-congress

https://www.copyright.gov/music-modernization/

http://www.copyright.com/blog/music-modernization-act-introduced-house-senate/

https://www.ascap.com/about-us/stand-with-songwriters

https://blog.songtrust.com/what-is-the-music-modernization-act

hotvasoftware.com

shutterstock.com

depositphotos.com

Are You Turning Your Barn into a Wedding Venue? Here’s What You Need to Know

By: Sarah Phillips

Within the last decade, many family farms have been forced to sell their property because they can no longer earn a living from traditional agriculture. The next generation of farmers is searching for alternative or supplemental ways to utilize their farm assets to earn extra income, which could mean saving the family farm. The big potential profits that can come from adding an agritourism business to an existing farm have sparked a pop-up of corn mazes, farm camps and rustic barn wedding venues.

A recent survey by “The Knot” estimated that converted farm barns are the second most popular
wedding reception venue. The market demand continues to grow, and if you already have a barn on your property, it can be a quick way to earn additional income with low input costs. However, opening and operating a wedding venue on farmland presents a unique challenge, especially if your farm is preserved.  The challenge is navigating the complicated process of complying with local zoning and ordinance laws, and potentially complying with state or federal farmland preservation laws.

Zoning and Ordinance Considerations

Zoning Laws

The first regulations you should check before you start advertising your barn as a dream wedding venue are the applicable zoning laws for your municipality, township or city. Most farms are typically zoned for agriculture purposes, but are not zoned for commercial business. If you are not zoned for commercial business, you will likely need to apply to your local zoning board for a variance. Additionally, if you live on the farm, you will want to check where the residential and agricultural zoning lines are drawn; some towns have special rules that prohibit the operation of a business in residential zones.

Zoning codes can also dictate if and where you can place an industrial kitchen on the property, the location and number of restrooms needed, and if you can have a liquor license. These are separate issues, each with their own guidelines and permitting processes. Failure to comply with each set of rules could expose your farm and your personal assets should a court find you liable for operating a wedding venue without the proper permits.

Remember, zoning codes are a local issue. While your state may provide general guidance about what is acceptable and what is not, you should always check with your local governing body to make sure you are in compliance.

Ordinances

Even if you have met all of the general zoning requirements, you still need to comply with your local ordinances. Nothing can ruin the success of a wedding venue quicker than making your neighbors mad with loud noises late at night or a high traffic volume at inconvenient times. For example, most towns set a certain time, usually between 10:00 pm and 11:00 pm, that music and lights need to be turned off.

Similar to zoning laws, ordinances are a local issue and you should talk with your local governing body to make sure you operate according to the local rules.

Farmland Preservation Laws

The biggest obstacle you will face when you open your barn up to wedding guests is complying with farmland preservation laws (assuming your farmland is preserved). Preserved farmland is farmland that has had its development rights sold to the government in exchange for a cash payment, essentially preserving it as open space designated for agriculture use in perpetuity. While the cash payment does have an immediate benefit, and can often be crucial in saving a family farm, some of the subsequent restrictions can cause difficulty in the future if you are trying to convert your barn into a wedding venue.

Before you apply for permits and variances to host weddings on your farm, you are going to need to decide where you will host the weddings. Whether you have an old barn, or you picture yourself building something new, it is important to know what preserved farmland laws permit to be done on the property. In many states, like Pennsylvania, farmland preservation laws do not allow you to build new infrastructure on the property unless it is for an agricultural purpose, and bad news, weddings do not count as an agricultural purpose. However, the law does permit you to renovate and repair any existing structure on the property. Luckily, many construction companies now exist that specialize in rustic barn restoration.

Other states have farmland preservation laws that restrict the type of activity that can take place on the preserved farmland. In New Jersey, farmland preservation laws do not allow the owner to utilize the land for any commercial purpose unless that activity is also recognized as an agricultural practice. Many New Jersey landowners who no longer farm in the traditional sense are looking to use their families’ farmland in different ways – a boutique vineyard that hosts corporate events or a converted alpaca show barn to host weddings are just a few examples. However, many of these venue owners are struggling to get permission to operate because the preserved farmland committees cannot give variances for commercial businesses on preserved farmland.

Final Considerations

Capitalizing on the growing demand for rustic wedding barn venues can be an extremely profitable way for future generations to earn a living, and keep the family farm alive; agritourism is a sector of the larger agricultural industry that will continue to flourish. To take advantage of this growing niche market, the best thing to do is to get in contact with your local zoning or farmland preservation board and find out the specific permits, variances and licenses you will need. Failure to comply could put your farm and your personal assets, like your house or car, at risk should something go wrong on your property. Communicating with your state’s department of agriculture can also be a great place to learn how you can get started.

*This post was authored on February 5, 2019 and has been reprinted with Sarah’s permission. The original post can be found here.

Sarah Phillips, at the time of this blog post, is a second year law student at Penn State’s Dickinson Law. She is from West Amwell, New Jersey and has interests in agricultural, land use and business transactional law. She is currently serving as a Honor Code Representative and a Law Lion Ambassador.  Moving forward to her 3L year, Sarah will be the Editor-in-Chief of the Dickinson Law Review.

Sources and Relevant Links:

https://myfarmlife.com/life-on-the-land/so-you-want-to-start-a-wedding-business/

https://www.agmrc.org/commodities-products/agritourism/agritourism-checklists/zoning-and-health-considerations-in-agritourism

https://www.nj.com/mercer/index.ssf/2011/03/state_board_sides_with_hopewel.html

https://www.bostonglobe.com/business/2017/12/24/critics-call-for-update-year-old-mass-farmland-preservation-law/IZGGcJR9td9VdNdznGQMxK/story.html

http://stablehollowconstruction.businesshomepage.info/restoration/barn-restoration

https://www.theatlantic.com/family/archive/2018/05/barn-weddings/560099/

https://www.theknot.com/content/popular-wedding-reception-venues

http://www.durhamhillfarm.com

Picture Sources:

https://www.woodsedgeevents.com/jackie-brandon/vr0lo1skb441h8qozfx52xvocojapx 

http://www.durhamhillfarm.com/the-barn/ 

From Passion to Non-Profit: Building A Non-Profit Organization

By: Ashley Javitz

Here are the basics on how to build your own non-profit organization like three phenomenal women: Eunice, Malala, and Reshma.

EUNICE KENNEDY SHRIVER

After witnessing the mistreatment and the exclusion of people with intellectual disabilities, Eunice Kennedy Shriver envisioned a world where people with intellectual disabilities were given the same opportunities as everyone else. In her world, sports and physical activity would serve as a common ground where all people could be united. In 1962, Eunice organized a summer day camp for people with intellectual disabilities. Camp Shriver served as the foundation for the Special Olympic Games, first held in 1968.

MALALA YOUSAFZAI

When she was 11 years old, Malala Yousafzai began writing a blog about her life during the Taliban occupation of Swat under the pseudonym Gul Makai. Her blogging along with a New York Times documentary about her life lead her to rise in prominence. Her fame, however, was not positively received by all as it caused her to be targeted by the Taliban. On a bus ride home from school, Malala was shot by a Taliban gunman in retaliation for her activism. Malala survived this attack and became an activist for the right to education. She founded the non-profit organization, the Malala Fund. Through her organization, Malala fought for a world where every girl could learn and lead.

RESHMA SAUJANI

As a part of her run for the United States Congress in 2010, Reshma Saujani visited local schools. and saw the need to close the gender gap in technology. In 2012, Reshma founded Girls Who Code, a non-profit organization which aims to deepen the computer science skills of high school girls, to clear pathways for them into the computing workforce, and to “build a supportive sisterhood of peers and role models who help [them] persist and succeed.” In just a short period of time, Reshma made great strides in achieving gender parity in computer science.

TOGETHER

What do these three ladies have in common? They were passionate about a cause. They were resilient, battling the forces against them. They were confident they would succeed. Under their leadership, deeply ingrained societal norms were tackled and incredible, life changing organizations were launched. Above all, their drive pushed their missions forward and created a widespread impact on countless people.

WHAT IS A NON-PROFIT ORGANIZATION?

A non-profit organization is an organization formed to provide a public benefit or to further a particular social cause. A non-profit organization is a tax-exempt group under the Internal Revenue Code Section 501(c)(3) and is classified in one of three ways: a public charity, a private foundation, or a private operating foundation.

HOW DO YOU START A NON-PROFIT ORGANIZATION?

STEP 1: DO YOUR RESEARCH

First, decide if starting a non-profit is the right decision. To make this determination, ask, “Is there a demonstrated need for my organization’s service in the community I intend to serve?” An answer can be established from a thorough investigation of the “demand” and the current or potential “supply.”

STEP 2: DEVELOP A PLAN

Next, build a strong infrastructure to support your organization.  To do so, develop a detailed business plan. Your business plan should include an executive summary, a description of your company, a description of your products and services, a market analysis, a sales and marketing strategy, an outline of your company’s organizational structure, and a financial plan.

After your business plan is complete, create a timeline that is practical and calculate startup costs.

STEP 3: INCORPORATE AND ESTABLISH GOVERNANCE

This is the paperwork step. To incorporate your non-profit organization, you must:

(1) Choose a name for your non-profit organization;

(2) Appoint a Board of Directors;

(3) Draft your initial governing documents and policies;

(4) Decide on a legal structure (i.e., Nonprofit Corporation,                     B-Corporation, Nonprofit LLC,  L3C, Unincorporated Nonprofit Association, Trust);

(5) Prepare and file your non-profit organization’s Articles of Incorporation in the state of  choice;

(6) Apply for an Employment Identification Number; and

(7) Apply for federal 501(c)(3) tax-exempt status.

STEP 4: FILE FOR 501(c)(3) TAX-EXEMPTION STATUS

Tax exemption is the right of a charitable organization to exclude money from their annual taxable income. The excluded amount may be equal to or less than the total amount of taxes due. Tax exemption may also come in the form of a reduced tax rate. 

The Internal Revenue Service (IRS) grants tax exemption status. To receive 501(c)(3) tax exemption status, a qualifying entity must apply to the IRS using Form 1023 or Form 1023-EZ, an Application for Recognition of Tax Exemption.

Provided by the U.S. Small Business Administration, the following is a list of items you will need when filing for 501(c)(3) status:

  • Certified copy of the certificate of formation from your state
  • Copy of your bylaws
  • Detailed pro forma financial statements, including revenue and expense statement for the current year and the three preceding fiscal years
  • Proposed budgets for the next two fiscal years; including a list of anticipated financial support
  • Narrative description of past, present, and future planned activities with an emphasis on broad public benefit of organization’s activities
  • Names and addresses of director and officers
  • Annual accounting period
  • Statement as to whether the organization is claiming status as a private foundation or public charity
  • Employer Identification Number
  • Fee of $400 or $840

Once the IRS reviews your application, a Determination Letter officially recognizing or denying your exemption status will be returned to you.

STEP 5: REGISTER FOR CHARITABLE SOLICITATION AND FUNDRAISING 

(If Applicable)

STEP 6: MAINTAIN COMPLIANCE

Unfortunately, the road does not end once the IRS grants tax exemption status. An entity that receives 501(c)(3) status must then, on an annual basis, file a report with the state government, file a Form 990 with the IRS, and re-register any required items.

Now that you know the basics of how to build a non-profit organization, you are ready to turn your passion into a profit and starting building your own!

*This post was authored on January 21, 2019 and has been reprinted with Ashley’s permission.  The original post can be found here.

Ashley Javitz is a second-year law student at Pennsylvania State University, Dickinson Law. She is from Scranton, Pennsylvania. She holds a Bachelor of Science Degree in Biochemistry, Cell, and Molecular Biology with a minor in Psychology from the University of Scranton. Faith and service to the community are an integral part of her life.

 

Sources:

www.specialolympics.org

www.malala.org

www.girlswhocode.com

www.sba.gov/blogs/how-start-non-profit?leavingSBA=http://nonprofit.about.com/

www.thebalancesmb.com/non-profit-4161501

www.councilofnonprofits.org/what-is-a-nonprofit

www.501c3.org/what-is-a-501c3/

www.nfib.com/content/resources/start-a-business/7-essential-sections-of-a-business-plan-49946/

www.harborcompliance.com/information/how-to-start-a-non-profit-organization-in-pennsylvania

 

Prince’s Company Creation Class Visits Legacy | Hanover, PA

On March 28, 2019, 30 students from my Dickinson Law Entrepreneurship Law: Company Creation class, Dean Gary Gildin, and I visited Legacy Athletic,  in Hanover, PA.  Following our tour of the manufacturing/warehouse facilities, we had a Q&A with co-founder/CEO Paige Wingert ’92 and Legacy’s counsel, Jeremy Frey, partner at Barley Snyder. This was a fun and tremendously valuable experience for all of us!

There were several educational goals of the trip.  What I realized as a practicing attorney was that there are great benefits to seeing the operations of the business one represents.  In class, I emphasize the importance of knowing a business client from the inside.  It’s not enough to simply chat with an executive in a conference room.  Get out of the office and go visit the client!  When Jeremy spoke, he concurred with this philosophy.  He stated that in addition to his visits to Legacy’s facility, he also attended one of their trade shows this year.  The more you know, the better you can understand and represent your client.

Visiting a business client can give you a sense of the company culture, which can also be important to the attorney. When you walk through Legacy’s front door, you find yourself in a vintage-inspired, rustic, well appointed lobby. Walking throughout the building you notice that this decor is all around the company – even in the conference room and meeting area! The presence of the American flag in numerous rooms reminds all who enter that this is a business operating with American pride.

During the tour, we saw many neat items being made – hats, frames, t-shirts, etc!  It was truly fantastic to see the employees creating products right before our eyes.  Everything in the facility was high tech and impressive.  Here you can see that they were making wooden Penn State frames when I passed through!  It was such an interesting process to watch! Be sure to look for these frames next time you are in State College shopping!

Another goal of the trip was to afford the students an opportunity to learn from Paige and Jeremy.  Paige kicked our day off by talking about being an entrepreneur and starting Legacy with his roommate, Mark Landgren ’92, while they were second year law students at Dickinson Law. He talked about early year hardships, what worked and what didn’t, and his leadership style.  Jeremy,  as Legacy counsel for the last 10 years or so, provided outstanding legal insights.  He spoke to the recent merger with collegiate apparel company League, and provided advice to the law students when it comes to representing small businesses.  We were fortunate that these gentlemen had the time to share their experiences with all of us!

As I said above, this was a tremendously valuable trip and a hit with the students.  Additionally, from reading the comments below, I would say that my goals were achieved and even exceeded!

Sarah Phillips ’20, “I am very grateful to Dickinson Law and Professor Prince for organizing the trip to Legacy. It was inspiring to connect with an entrepreneur, who was able to take his legal education from Dickinson Law, and use it to create a successful company. By learning about both the legal and business considerations from Paige, I feel prepared and excited to hopefully practice business law after graduation. I know that the practical skills we learned on our trip – from touring the facility, to learning about management and operations – will better prepare me for practice, and maybe even to run my own company one day.”

Ben Forbes, ’19, “Our tour of Legacy’s facility gave us an up-close and personal look at what a business client might look like. We learned that to understand a business, you need to see the business. Paige and Jeremy provided our class with valuable insight into the relationship of a lawyer and their entrepreneur clients. To be a lawyer you need to do competent work for your client’s business. To be a great lawyer you need to understand your client’s business. We are here to be great lawyers, and the insight we gained from visiting Legacy is a valuable step in that direction.”

Dilawar Ali Fazal, LLM Student from Pakistan, “Being an entrepreneur who has faced struggles, I specifically liked the entrepreneurial struggle which Paige, the CEO of Legacy, talked about in the question answer session. His struggles and business problems resonated with my entrepreneurial struggles and made me realize that the struggles which entrepreneurs face are similar no matter which part of the world they are in.  We are separated by distances, differences in culture, language and values, yet our problems are the same. So is the case with business organizations; no matter where they operate they face similar issues and problems.”

Alana Goycochea, ’20, “As a law student, it is often hard to envision the big picture of how a business works, however, during our tour of Legacy, Paige Wingert allowed us to gain a different perspective by visiting Legacy’s manufacturing facility in person. This experience allowed me to have a much better understanding of what legal issues may arise for businesses. Further, Paige welcomed student’s questions and provided insight into the problems that CEOs encounter on a routine basis.”

Zach Gihorski, ’20, “Hearing Paige’s story really touched me. You often read about the “American Dream” – but Paige really did it. He built a company in the heart of rural America, provided quality good paying blue-collar jobs that support his community every day. Legacy’s impact on the community is something you could tell meant a lot to him. When asked about the next steps for him – his answer was almost entirely focused on making sure the next generation of Legacy’s leadership team was in a place to succeed. It is rare to find leadership like that.”

Zach continued, “From a student perspective, it is such a great opportunity to be able to get out of the classroom and participate in hands-on learning. Walking through the warehouse at Legacy seeing the workers – really brought a lot of the course material from class to life. Plus, having a chance to sit down with the CEO – Paige – who has been with the company since Legacy’s humble beginning and ask him questions was a student experience of a life time. Dickinson Law prides itself on ‘practicing greatness’ so it did not surprise me to find out that Paige was a Dickinson Alumn. However, I was surprised with how open, honest, and transparent he was with my class. It speaks volumes about his character and how much he values being an alumn.”

Our thanks go out to Paige, Jeremy and the entire Legacy family for allowing us to disrupt their day.

To stay up to date on the very latest happenings at Legacy, follow them on Facebook at: facebook.com/LegacyAthletic or on Instagram at: instagram.com/Legacy92

Olivier F. Noel, PhD | Entrepreneur of the Month | April 2019

By: Zach Gihorski

I have the great honor of introducing you to Olivier Noel, our April 2019 Entrepreneur of the Month. Olivier is an inspiring individual.  In 2017, he was named as a Forbes 30under30 in science, and he is a co-founder of DNAsimple. DNASimple drew nation-wide attention from Olivier’s appearance on the popular entrepreneurship tv show Shark Tank, where his company received a $200,000 investment from, Dallas Maverick’s owner, billionaire Mark Cuban. DNAsimple’s business concept is — quite simply — a match making service between medical researchers and potential research participants. The company creates this relationship by paying willing participants $50 to spit in a test tube and be included in a database that medical researchers can use as a resource.

While the company part of Olivier’s life is quite compelling, it only adds to his academic accomplishments. Olivier is currently completing the clinical rotations portion of his Medical Degree (MD) program at Penn State’s College of Medicine. Prior to seeking his MD, Olivier received a B.S. in Chemistry, focusing on Biochemistry, from Queens College in New York. Olivier subsequently earned his Ph.D in Biochemistry and Molecular Genetics from Penn State University.

A question that is often heard floating around the halls of institutions of higher learning is, “where is the optimal intersection between academic theory and practical industry skills?” I believe the answer to that question is sitting across the table from me wearing his lab coat and a smile.  We were fortunate to join Olivier for a conversation at the Center for Medical Innovation in Hershey, Pennsylvania.

The Entrepreneurial Mind: Plan. Lead. Innovate.

Overcoming obstacles

“Going forward, I anticipate balancing medical school, seeing patients, research and science, and also the innovation – bringing it all together.”

Olivier expressed that he has faced obstacles along his life’s journey. Born and raised in Haiti, he moved to the U.S. after completing high school. Olivier explained that during his college education in New York he faced financial challenges and worked a mix of retail and tutoring positions, a total of 5 jobs at one point.

Later, Olivier was faced with the extensive challenge of launching a cutting-edge biotech business (DNASimple) during his Ph.D. program. Olivier said that learning how to balance all of the responsibilities of running a business and attending school was quite an obstacle, but one he has overcome.  Having a great team around him has helped.

Hear a little more about the obstacles Olivier has faced.

two elements of success

“Great planning and great discipline”

Most entrepreneurs understand the value of planning and hard work. But Olivier explained it is an important part of problem solving to have a plan A, B, C, D, etc. not because you are planning to fail, but to force yourself to see there are multiple avenues to achieving your goal.

Olivier also believes it takes great discipline to stick with those plans and achieve success. The ability to persist through the setbacks, and keep your ultimate goal in focus is key.

Hear more from Olivier about his take on habits for success by clicking here.

Perspective  – Young Entrepreneurs

“It is a difficult path … It takes a lot of perseverance, it takes a lot of determination, it takes a lot of will … I like to say there are a lot of good days and bad months.”

Often, young entrepreneurs are told that if they have a “great” idea they should pursue it. Olivier adopts a more traditional approach to guiding young entrepreneurs: he feels it important to first find a problem in need of a solution and then reverse engineer the business steps.

To hear more advice from Olivier on being a young entrepreneur click here.

Balancing School and Business  

“You just can’t simply hope that you can do it, and balance it, and make it work.”

Throughout the conversation Olivier touched on the topic of balancing school and entrepreneurship. When asked to expand on his experience of balancing the two, he smiled and suggested he is not recommending it for everyone. However, if you are going to do it, you must have more than just hope, you need to have a plan. It is important to visualize what it would look like in a perfect world and be honest with yourself when determining if it would be possible to manage.

Olivier finds it important to look at your level of performance in both school and business and to be critical in evaluating whether you are reaching the level of performances you expect of yourself. That is, you must be honest with yourself about how much help you need from your business team members and support system.

If you want to hear Olivier talk more about the keys to managing school and running a company click here.

Advice for Law Students

“I think the relationship is fundamental and establishing trust early-on will go a long way.”

The relationship between a lawyer and business owner is one that receives a lot of attention in law school. However, it was refreshing to hear from the entrepreneur’s point of view. Olivier first spoke to the critical importance of establishing trust.  From that trust, the entrepreneur can treat their lawyer like a co-founder or partner – as a critical member of the business’s management team. Olivier also spoke to the value of using the lawyer proactively in a full-spectrum of business decisions as well as the importance of keeping the lawyer apprised of future innovative ideas.

Listen to more of Olivier’s thoughts on the relationship between the lawyer and the business owner here.

Mentorship

“When people think of mentors they often think of a one all-purpose mentor, but I think in reality it does not always happen like that.”

What are Olivier’s feelings on mentorship? It is a crucial part of his story. He believes it is important to have different mentors for different areas of your life; taking the approach of creating a personal, trusted board of directors to provide mentorship. Olivier has mentors from college, graduate school, the business industry, and the science field, all who play a regular part in his personal and professional development.

Olivier’s humility was evident throughout our conversation. He explained how grateful he is to have an incredibly talented team helping him, one of them being his former fellow graduate student Joel Coble.  Olivier expressed how he enjoys letting smart and talented teammates do what they do best without needing his constant oversight.

If you want to hear more on Olivier’s take on the value of mentorship click here.

Book Recommendation

“Dreams from My Father, by Barack Obama”

Many law students, like myself, have an innate love for learning and reading non-legal works. When asked to share some of his favorites books, Olivier replied that he is a big fan of audiobooks and Tedtalks. However, he loves autobiographies, particularity autobiographies of U.S. Presidents, explaining that President Obama’s 2004 novel, Dreams from My Father, was especially inspiring to him.

Closing Thought

“The main thing is to keep the main thing the main thing.”

Before the conversation concluded, Olivier and I shared some of our favorite authors and quotes. Ultimately, he left us with a great piece of advice he believes is important in life and in business by quoting the famous leadership author Stephen Covey (see quote above).

Want to learn more about Olivier’s future projects?

In addition to all the impressive endeavors outlined in this post, Olivier is committed to helping fellow medical innovators. He is preparing to launch his Bench to Bedside to Business Pipeline this coming fall, a database designed to connect like-minded medical innovators and allow them to share ideas. Olivier’s new business will also potentially allow companies interested in investing to invest in projects in the Pipeline. To hear Olivier, discuss the Bench to Bedside to Business Pipeline click here. (Olivier’s presentation starts at video time 6:30)

Videos containing Olivier Noel’s powerful insights can be view by clicking the links throughout the article.

If you would like to get in contact with Olivier – please reach out through his personal webpage.

Olivier’s Social Media Contact Information

https://twitter.com/ofnoel7

https://www.instagram.com/olivierfnoel/

https://www.linkedin.com/in/olivierfnoel/

Zach is a second year law student at the Dickinson School of Law, where he is an active student leader.  He is actively cultivating relationships with outside resources to give opportunities to his classmates. He is passionate about using his experiences in both the private and public sector to find innovative solutions for the world’s agricultural, energy, and environmental needs. Look for the other blog posts that Zach has written for this blog.

 Photo source: http://www.teenpodcast.com/balance/