LAW AND SOCIAL ENTREPRENEURSHIP

YOCKEY ON PLAYING FAIR AND SOCIAL ENTERPRISE

Joseph Yockey (Iowa) is blogging on social enterprise law on the Conglomerate.

His first post is available here.

It is good to see more and more scholars enter the conversation around social enterprise law.

Professor Yockey’s recent article, Does Social Enterprise Law Matter?, is available on SSRN.

FELLOWSHIP: WVU’S LAND USE AND SUSTAINABLE DEVELOPMENT LAW CLINIC

Folks that follow this blog may be interested in the following fellowship announcement from WVU’s Land Use and Sustainable Development Law Clinic:

West Virginia University College of Law’s Land Use and Sustainable Development Law Clinic is now accepting applications for the Land Use and Sustainable Development Law Fellowship. The fellowship combines the opportunity to work with attorneys, planners and students at one of the leading Land Use Clinics in the United States with the opportunity to obtain the WVU Law LL.M. degree in Energy and Sustainable Development Law. The LL.M. program provides a uniquely deep and balanced curriculum in perhaps the nation’s richest natural resource region.

LL.M. in Energy and Sustainable Development Law

The WVU College of Law LL.M. in Energy and Sustainable Development Law is the only LL.M. program in the United States that provides a balanced curriculum in both energy law and the law of sustainable development. Working with WVU College of Law’s Center for Energy and Sustainable Development, LL.M. students will develop the expertise to advise clients and provide leadership on matters covering the full range of energy, environmental and sustainable development law.

The LL.M. in Energy and Sustainable Development Law provides a broad and deep offering of courses, experiential learning opportunities, and practical training for every part of the energy sector. Our broad spectrum of courses allows our students to prepare to be lawyers serving energy companies, investors, environmental organizations, landowners, utilities, manufacturing companies, lawmakers, policymakers, regulators and land use professionals.

More info here: http://law.wvu.edu/energy-llm/land-use-llm-fellow.

SOCAL ENTERPRISE BY NON-PROFITS AND HYBRID ORGANIZATIONS

I am pleased to announce the publication of a new Bloomberg BNA Tax Management Portfolio: Social Enterprise by Non-Profits and Hybrid Organizations, No. 489-1st. Attorneys Elizabeth Minnigh and Robert Wexler joined me in writing this new Portfolio that we hope will become a valued resource for academics, practitioners, and students researching social enterprise law. The Portfolio addresses the legal and tax aspects of social enterprise as conducted by tax-exempt organizations and by hybrid for-profit legal forms.

A more detailed summary of the Portfolio (taken from Bloomberg BNA’s description) follows:

“This Portfolio begins with a look at traditional social entrepreneurship by tax-exempt organizations. It considers the overall tests for tax-exemption and then focuses on specific operational activities, including job training, microfinance, low-income housing, technical assistance, the sale of products to the poor, and publishing, to evaluate when those activities can be conducted within a tax-exempt organization. The Portfolio reviews other key issues that affect tax-exempt social enterprises, including the unrelated business income tax rules, the joint venture rules, and the use of for-profit subsidiaries of exempt organizations.

This Portfolio then examines the federal income tax and state law issues affecting investments in, or grants to, for-profit entities by tax-exempt organizations. Types of investments discussed include socially responsible investments (SRIs), mission-related investments (MRIs), and program related investments (PRIs). This Portfolio also examines expenditure responsibility grants to for-profit entities.

Finally, this Portfolio looks at the emergence of hybrid organizations in the United States, which are single for-profit legal entities that simultaneously serve a traditional business purpose and a social or charitable purpose. Specifically, within the past five years, twenty-five states and the District of Columbia have enacted statutes authorizing distinct types of legal entities that cater to social enterprise. The two primary types of such hybrid organizations are the benefit corporation and the low-profit limited liability company (“L3C”). Both types of such hybrid organizations, as well as certain other variants, are discussed in detail in the final portion of this Portfolio.”

TEXAS A&M CLIP CONFERENCE INSIGHTS: BEING AN ENTREPRENEURIAL LAWYER

I just returned from a wonderful conference at Texas A&M School of Law, sponsored by the Center for Law and Intellectual Property (CLIP) and Startup Aggieland. Megan Carpenter, director of CLIP, did a wonderful job of organizing the conference, entitled “Innovation Summit: Shaping the Future of Law & Entrepreneurship”. As I listened to the speakers (of which I was one), I was inspired to gather a list of what exactly it means to be a lawyer for entrepreneurs, or an entrepreneurial lawyer. My list is below; what have I missed?

An entrepreneurial lawyer needs to have an entrepreneurial spirit and business mindset. By that, I mean:

1. The entrepreneurial lawyer must be able to assess both risks and opportunities. The entrepreneurial lawyer should not be risk averse or focus on the negative effects of every option. The entrepreneurial lawyer should recognize that risk is tolerable where there is opportunity for reward.

2. The entrepreneurial lawyer should aim to be part of the business team and be invited into business meetings, not kept outside. If the client simply hands the lawyer a term sheet to draft the deal after the business terms have already been settled, the lawyer has failed to be entrepreneurial. To be part of the team, the entrepreneurial lawyer must know the client’s business and have a solid business and financial understanding. It also helps if the lawyer is not a naysayer and can assess both risks and opportunities (see #2).

3. The entrepreneurial lawyer must be able to help her client’s “lean start-up” strategies, which includes avoiding high sunk costs when the start-up is in its early stages (e.g., avoiding high legal fees, potentially avoiding high legal costs such as patent and trademark filings and incorporation fees, at least at the pre-concept phases).

4. The entrepreneurial lawyer must be willing to find non-legal solutions to her client’s legal problems.

5. The entrepreneurial lawyer needs to break from the mechanical confines of traditional legal representation and be creative.

6. The entrepreneurial lawyer should not have a litigious mindset.

I plan to write a paper exploring the notion of an “entrepreneurial lawyer” further and how to teach such entrepreneurial skills to law students. That paper will be presented at Lewis & Clark Law School’s Fall Forum in October 2014, organized by Susan Felstiner, director of the Small Business Legal Clinic there.