Struggling entrepreneurs Act. . . And won

When Paul Hletko grandfather died in 2008, a lawyer Evanston, Ill.., Patent wanted to do something to honor his legacy. Powered his grandfather, a Jew from Czechoslovakia, until there brewery was taken away during World War II, Hletko, Brewer became home for the past two decades, decided to open a craft distillery in its memory. "After much research, I decided that the perfect place to do that is right where I live," he said. 

The problem is, Evanston is a famous city dry. In the late 1800s, the suburban Chicago home of Frances Elizabeth Willard, head of the Women's Christian Temperance Union. Is not breakfast at the restaurant in the city's alcohol until the 1970s, and the first tavern did not appear until 1980. But Hletko would be close enough to home to walk three children in school, so he had to let a little thing like a century long bias against alcohol spirits launch SOME way (named Willard). Legal hurdles can be as daunting for lawyers as they have for prospective business owners, said Jonathan askin, Brooklyn Law School professor and founder of the Brooklyn Law Incubator and Policy Clinic (blip), which is provide pro bono services to startups navigate the legislative, regulatory and judicial obstacles. "Too many good ideas attorneys stop dead in their tracks because they are worried adorn every i and cross every t" he said. "If the law does not allow changes and lawyers should work to reform the law." Hletko set to do, using his own practice as a lawyer for a profit - despite knowing he was going to fight an uphill battle.

 "The view of the law is difficult," he admitted. "I just had to get the law changed wine, I also had to get changed zoning laws affecting the health department,. And then all the people involved. " He started the liquor laws, Evanston put a new class of license for microdistillers book. Next comes the hearing before the zoning board to get the terms "special use" generic to allow the craft distillery license to operate a particular type of zoning. Then he has to be able to secure the zoning class for the planned location. Finally, he got the health department to establish a legal distilling license and food (in case FEW spirit, pretzels) without a commercial kitchen - something that previously required of any establishment that serves alcohol Evanston. The whole process takes about a year. FEW Spirits started production in June 2011, and the business took off quickly. SOME gin that, rye and whiskey sold in the stylish bar and restaurant in Chicago, Seattle and Vancouver, British Columbia. White whiskey last year the company won double gold medal (the highest award) at the New York World Wine and Spirits Competition and a gold award from the Beverage tasting Institute. Cheers to him: Paul Hletko not let obstacles get in the way of legislation to start SOME spirit. "I lost track of my city council after 15 of them, but even I never much of a 'no' vote, and all I seek legal changes approved unanimously," said Hletko, noting that support for economic development offices Evanston useful. "My network plays a major role, I am also the vice president of the PTA at my children's school '.. I coach soccer and T-ball. I'm on the board of directors for the Chamber of Commerce. 

To me the people in the town and what I am, useful when looking at a business like mine. ' It helps, too, that as a lawyer, Hletko not have to worry about racking up legal fees. "All that easily add up to 80 to 100 billable hours," he said, estimating the cost equivalent of more than $ 20,000. Moving Forward Often the law can not keep up with the rapid changes. "There is no template to help businesses navigate the confusion, legal and regulatory morass facing prospective Innovator companies and emerging business model that was never thought of laws and regulations," which marked this blip askin . Legal Eagles Jonathan askin law students receive school credit for their work at Brooklyn Law Incubator and Policy Clinic. Works like a law firm, counseling and representing on the Internet, media and technology entrepreneurs in business and policy advocacy. 

For more information, contact the blip@brooklaw.edu. He speaks from experience. In 2003, while working in the Free World Dialup, Internet-based voice communications service, the company filed a petition with the FCC requesting that the product is not regulated as telecommunications. When the FCC released its order, paved the way for competitors, Skype to launch service set up, stealing the thunder Free World Dialup and business. "What I took from this that sometimes you need to let the law catch up with you," said askin. This is especially true when it comes to digital business, which frequently appear in any written law in the world, analog pre-internet. A blip assist clients in the arena StationStops, scheduling applications created in 2008 for the Metro-North train runs and the New York Grand Central Terminal. The issue boiled down to the Metropolitan Transportation Authority (MTA) owned the scheduling information as copyrighted intellectual property, and if the format and application developers can sell the information to earn. "Goliath has many legal resources to measure their risk for not Davids,. And anecdotally more prospective employers must find and extract, more likely to prefer aggressive measure and manage their risks, not only avoid this fear. "- Chris Schoenfeld, StationStops "A few years ago, this is the IP battle to gain access to the MTA," said askin. "Routine to get the dataset online, but it was all new then." Chris Schoenfeld, software developer creates StationStops, IP persuaded fighting other developers'. "Goliath has many legal resources to measure their risk for not Davids,. And anecdotally more prospective employers must find and extract, more likely to prefer aggressive measure and manage their risks, not only avoid these fears, "he said. Push Back Fear not stop Reema Khan or Curprice Luckert, two beauty-industry employers to tackle problems when they try to expand to new countries. Khan is the founder s.h.a.p.e.s. Eyebrow Bar, chain Cerritos, California based on 60 salon and kiosks that specialize in the process of hair removal known as threading. When he tried in 2007 to add locations in Texas, the state health department threatened to shut down because employees did not constitute licensed cosmetologists. This is not a problem in Illinois, where he started his business and where the threading is exempt from laws that apply to traditional salon services. "The problem is that schools do not teach threading cosmetics," he said. "It will not be included in the rules of traditional makeup, but the ancient practice as long as it done in a sanitary environment, there is no need for a license ..." In 2010, with the help of the Texas branch of the Institute for Justice libertarian law firm, Khan could get a court order to prohibit the department of health and inspectors to prevent them from interacting with the brow bar to solve the case. Still in court, but Khan is optimistic about the outcome. Luckert face the same problem last year when he tried to expand his Beverly Hills, Calif., salon, Angel Hair Braids, in Las Vegas. "Licensing requirements for braiders to other more in Nevada. [May], braiders are required to attend cosmetology school for 1,200 hours, while in California, braiders became exempt from the law last year, "said Luckert. "I called a few cosmetology schools in Nevada Almost all of them say that they do not teach braiding .." Repeated research paid off with a meeting with the director of the Nevada cosmetics and lobbyist who worked with Luckert to get the law changed. "There's a lot of testing, a lot of traveling and, more than anything, ton of fatigue with the effort," Luckert said. In June 2011, a law was passed that allows the braiders to attend 250 hours of school, with a focus on infection control. 

Because he received pro bono assistance and made a lot of research on my own, Luckert cost about $ 2600 related mainly to travel and value. "More than anything, this is the time and fatigue ... actually proved the most challenging, "he said. "There is so much opposition from people and organizations that I thought was against any This is a very annoying at times. But ultimately very rewarding. " Khan has taken great experience financial and emotional toll, he estimates he has spent $ 100,000 in today trying to get the law changed threading. "All my advantage [for one year] went to legal fees, flying in and out of Texas and the costs associated with this case afraid employee called me to stop in the middle of the night., And I bundle up with a long-term lease with the shopping center I can not lose, "he said. "I felt like I was living a nightmare." While the element of panic is the price of running a startup, some anxiety can be avoided by talking to a lawyer before you get too far into the process, Berrent said Jennifer, a partner in the office in New York WilmerHale, a law firm in litigation, regulatory assets, intellectual property and other practical skills.

 "Even the ancient law, a man saw it, and if you can find the right experts, they can unveil it," said Berrent. "Many people start businesses do not like to think about legal issues, but looking for an extra level of expertise early in the process can help you organize your business model or help you look different ways to approach what you are against. "Every day I see something new in the context of what I already know your company is your baby. Want to get legal advice from someone who understands the laws related to it. "