Higher Education

The Entrepreneur's Guide to Business Law, 4th Edition

  • Constance E. Bagley Yale University
  • Craig E. Dauchy
  • ISBN-10: 0538466464  |  ISBN-13: 9780538466462
  • 840 Pages
  • Previous Editions: 2008, 2003, 1998
  • © 2012 | Published
  • College Bookstore Wholesale Price = $94.50
  • Newer Edition Available
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About

Overview

The 4th Edition of THE ENTREPRENEUR'S GUIDE TO BUSINESS LAW takes students through the various stages of starting a business--from start-up and growth to an initial public offering--while highlighting the legal preparations and pitfalls that go along with them. Start-ups experience legal issues unlike those of mature companies, and this text offers seventeen chapters of advice and strategies for recognizing and managing them. Appropriate for both undergraduate and graduate coursework, this newly updated edition presents traditional topics, such as the cyclical nature of business, international issues, contract law, and bankruptcy, as well as more current issues like clean energy, e-commerce, and the effects of the recent recession on entrepreneurship.

Features and Benefits

  • Boxed Features: Found throughout the book, these "From the Trenches" boxes include fascinating examples from successful entrepreneurs and venture capitalists. Many based on actual cases, they help students avoid the traps that others failed to recognize.
  • "Putting it into Practice" Example: Based on a hypothetical, clean-technology company, this example spans the entire text and follows an entrepreneur through the phases of starting a new venture. As they practice spotting legal issues and outlining solutions in this example, students grow more prepared for a future in business ownership.
  • "Getting It in Writing" Section: Give students the practice they need preparing essential legal documents with the samples provided in this feature, such as a venture capital term sheet and an independent contractor services agreement.
  • Exhibits: Exposure to key concepts and terms in these exhibits placed throughout the text helps students recognize and better understand the most critical legal issues.

Table of Contents

1. Taking the Plunge.
2. Leaving Your Employer.
3. Selecting and Working with an Attorney.
4. Deciding Whether to Incorporate.
5. Structuring the Ownership.
6. Forming and Working with the Board.
7. Raising Money & Securities Regulation.
8. Marshaling Human Resources.
9. Contracts and Leases.
10. E-Commerce and Sales of Goods and Services.
11. Operational Liabilities & Insurance.
12. Creditor's Rights and Bankruptcy.
13. Venture Capital.
14. Intellectual Property and Cyberlaw.
15. Going Global.
16. Buying and Selling a Business.
17. Going Public.

What's New

  • Clean Energy: Engage students who are interested in creating green collar jobs with updates throughout the text that reflect sweeping changes in the laws surrounding photovoltaics and clean energy technology in general.
  • Boards of Directors: Examine up-to-the minute, hot issues such as recent litigation involving Citigroup in which the independent directors were not held liable for failing to anticipate the crash of the subprime mortgage market.
  • Employment, Covenants, and Discrimination: Introduce students to the myriad legal issues in employment today, such as covenants not to compete, independent contractor status, actionable activities under Title VII, governmental bodies as sources of public policy, and substance abuse in employment discrimination. The text also delves into the latest ADA amendments, new federal minimum wage guidelines, changes to the Vietnam Era Veteran's Readjustment Assistance Acts, the Patient Protection and Affordable Care Act of 2010, and even the potential legal affects of social networking sites.
  • Many New "From the Trenches": Illustrate the most current issues with new boxed features about the Uniform Electronics Act, recent litigation surrounding the contraceptive Yaz, California's new Song-Beverly Act, a Nissan case involving the Magnuson-Moss Warranty Act, the Sarbanes-Oxley Act, and others.
  • Bankruptcy: Demonstrate the dangers and complexities of creditor’s rights and bankruptcy with the Supreme Court’s treatment of nonexclusive patent licenses where the debtor company is the licensee.

Learning Resource Bundles

Choose the textbook packaged with the resources that best meet your course and student needs. Contact your Learning Consultant for more information.

Bundle: The Entrepreneur's Guide to Business Law, 4th + Student Guide to the Sarbanes-Oxley Act, 2nd

ISBN-10: 1111661065  | ISBN-13: 9781111661069

List Price = $133.95  | CengageBrain Price = $133.95  | College Bookstore Wholesale Price = $100.50

This Bundle Includes:

  • The Entrepreneur's Guide to Business Law
    List Price = $125.95  | CengageBrain Price = $125.95  | College Bookstore Wholesale Price = $94.50
  • Student Guide to the Sarbanes-Oxley Act
    List Price = $40.95  | CengageBrain Price = $40.95  | College Bookstore Wholesale Price = $30.75


Bundle: Text + Business Law Digital Video Library Printed Access Card

ISBN-10:  1111661073  | ISBN-13:  9781111661076

List Price = $125.95  | College Bookstore Wholesale Price = $94.50

This Bundle Includes:

  • The Entrepreneur's Guide to Business Law
    List Price = $125.95  | CengageBrain Price = $125.95  | College Bookstore Wholesale Price = $94.50
  • Business Law Digital Video Library, 2 term (12 months) Printed Access Card
    List Price = $43.00  | CengageBrain Price = $43.00  | College Bookstore Wholesale Price = $32.25


ePack: Printed Text + Business Law Digital Video Library Online Access

ISBN-10:  1305594142 | ISBN-13:  9781305594142

List Price = $125.95  | CengageBrain Price = $125.95  | College Bookstore Wholesale Price = $94.50

This Bundle Includes:

  • The Entrepreneur's Guide to Business Law
    List Price = $125.95  | CengageBrain Price = $125.95  | College Bookstore Wholesale Price = $94.50
  • Business Law Digital Video Library, 2 terms (12 months) Instant Access
    List Price = $38.00  | CengageBrain Price = $38.00  | College Bookstore Wholesale Price = $38.00


Supplements

All supplements have been updated in coordination with the main title. Select the main title's "About" tab, then select "What's New" for updates specific to title's edition.

For more information about these supplements, or to obtain them, contact your Learning Consultant.

Instructor Supplements

Business Law Digital Video Library Online Access  (ISBN-10: 0324223285 | ISBN-13: 9780324223286)

This dynamic video library features more than sixty video clips that spark class discussion and clarify core legal principles. The library is organized into five series: Legal Conflicts in Business (includes specific modern business and e-commerce scenarios); Ask the Instructor (presents straightforward explanations of concepts for student review); Drama of the Law (features classic business scenarios that spark classroom participation); Real World Legal (explores conflicts that arise in a variety of business environments), and LawFlix (contains clips from many popular films). Access for students is free when bundled with a new textbook, or can be purchased at www.cengagebrain.com

List Price = $43.00  | College Bookstore Wholesale Price = $43.00

Student Guide to Sustainabillity, Law, and Ethics  (ISBN-10: 1285752120 | ISBN-13: 9781285752129)

Enhance your Business Law or Legal Environment course with this short student guide on how law and ethics play a part in moving business and society toward (or away from) sustainability. You can assign all or part of this guide to supplement your Cengage textbook to illustrate how our laws occasionally boost, but more often impose barriers to, long-term sustainable planning at both the corporate and national level. The guide provides supplemental materials for Constitutional law, corporate and securities law, torts and contracts, real estate law, and international law and a brief but thorough introductory chapter on sustainability, law, and ethics.

List Price = $39.95  | CengageBrain Price = $39.95  | College Bookstore Wholesale Price = $30.00

Student Guide to the Sarbanes-Oxley Act  (ISBN-10: 0324827199 | ISBN-13: 9780324827194)

Enron was once the seventh-largest company on the Fortune 500. Yet, in the wake of revelations of accounting irregularities and securities fraud, it became entangled in the greatest business scandal of a generation and was essentially blinked out of existence after declaring bankruptcy. Similar accounting scandals at Global Crossing, Tyco, WorldCom, Adelphia, HealthSouth, and other companies prompted Congress to pass the Sarbanes-Oxley Act (SOX) in June 2002. This revolutionary act, which embodies the most significant securities law changes since the original federal securities laws of 1933 and 1934, contains provisions that create a new federal agency, restructure the entire accounting industry, reform Wall Street practices, dramatically alter corporate governance practices here and abroad, and attack insider trading and obstruction of justice. A lot has happened since its passage. The Public Company Accounting Oversight Board (PCAOB) has come into being, and the PCAOB and the Securities Exchange Commission (SEC) have issued countless rules to implement the SOX's many legislative mandates. This short guide focuses not only on what each part and section of the SOX means but also on what businesses need to know now that is has been implemented.

List Price = $40.95  | CengageBrain Price = $40.95  | College Bookstore Wholesale Price = $30.75

Student Supplements

Business Law Digital Video Library Online Access  (ISBN-10: 0324223285 | ISBN-13: 9780324223286)

This dynamic video library features more than sixty video clips that spark class discussion and clarify core legal principles. The library is organized into five series: Legal Conflicts in Business (includes specific modern business and e-commerce scenarios); Ask the Instructor (presents straightforward explanations of concepts for student review); Drama of the Law (features classic business scenarios that spark classroom participation); Real World Legal (explores conflicts that arise in a variety of business environments), and LawFlix (contains clips from many popular films). Access for students is free when bundled with a new textbook, or can be purchased at www.cengagebrain.com

List Price = $43.00  | College Bookstore Wholesale Price = $43.00

Student Guide to Sustainabillity, Law, and Ethics  (ISBN-10: 1285752120 | ISBN-13: 9781285752129)

Enhance your knowledge of business law or the legal environment with this short student guide on how law and ethics play a part in moving business and society toward (or away from) sustainability. The guide illustrates how our laws occasionally boost, but more often impose barriers to, long-term sustainable planning at both the corporate and national level. It provides supplemental materials for Constitutional law, corporate and securities law, torts and contracts, real estate law, and international law and a brief but thorough introductory chapter on sustainability, law, and ethics.

List Price = $39.95  | CengageBrain Price = $39.95  | College Bookstore Wholesale Price = $30.00

Student Guide to the Sarbanes-Oxley Act  (ISBN-10: 0324827199 | ISBN-13: 9780324827194)

Enron was once the seventh-largest company on the Fortune 500. Yet, in the wake of revelations of accounting irregularities and securities fraud, it became entangled in the greatest business scandal of a generation and was essentially blinked out of existence after declaring bankruptcy. Similar accounting scandals at Global Crossing, Tyco, WorldCom, Adelphia, HealthSouth, and other companies prompted Congress to pass the Sarbanes-Oxley Act (SOX) in June 2002. This revolutionary act, which embodies the most significant securities law changes since the original federal securities laws of 1933 and 1934, contains provisions that create a new federal agency, restructure the entire accounting industry, reform Wall Street practices, dramatically alter corporate governance practices here and abroad, and attack insider trading and obstruction of justice. A lot has happened since its passage. The Public Company Accounting Oversight Board (PCAOB) has come into being, and the PCAOB and the Securities Exchange Commission (SEC) have issued countless rules to implement the SOX's many legislative mandates. This short guide focuses not only on what each part and section of the SOX means but also on what businesses need to know now that is has been implemented.

List Price = $40.95  | CengageBrain Price = $40.95  | College Bookstore Wholesale Price = $30.75

Meet the Author

Author Bio

Constance E. Bagley

Highly respected author, award-winning teacher, and popular professional presenter, Constance E. Bagley is a Senior Research Fellow at Yale Law School and was formerly Professor in the Practice of Law and Management at Yale School of Management. Before joining the Yale faculty, she was an Associate Professor at Harvard Business School, a Senior Lecturer in Law and Management at the Stanford University Graduate School of Business, and a corporate securities partner at Bingham McCutchen LLP. Dr. Bagley received Yale’s Excellence in Teaching Awards in 2013 and 2009. A past president of the Academy of Legal Studies in Business, she is a recipient of its Senior Faculty Award of Excellence. In addition to multiple published articles, Dr. Bagley authored MANAGERS AND THE LEGAL ENVIRONMENT: STRATEGIES FOR THE 21ST CENTURY 8E (Cengage, 2016) and WINNING LEGALLY: HOW MANAGERS CAN USE THE LAW TO CREATE VALUE, MARSHAL RESOURCES, AND MANAGE RISK (Harvard Business School Press, 2005). She has also contributed to numerous books, including THE OXFORD HANDBOOK ON DYNAMIC CAPABILITIES (David Teece, ed., Oxford University Press, 2016). She received her JD magna cum laude from Harvard Law School and her AB with Honors and Distinction from Stanford University. She received an honorary doctorate in economics from Lund University in Sweden in 2011. She is a member of the Bar of New York and of the Bar of California (inactive).

Craig E. Dauchy

Craig E. Dauchy is a partner at Cooley LLP’s Palo Alto office, located in the heart of Silicon Valley, and head of the Venture Capital practice group firm-wide. Cooley has 900 lawyers globally across 12 offices located in Palo Alto, San Francisco, Los Angeles, and San Diego, California; New York City, New York; Reston, Virginia; Washington D.C., Broomfield, Colorado; Boston, Massachusetts; Seattle, Washington; and internationally in Shanghai and London. Cooley LLP is one of the nation’s leading law firms providing counsel to entrepreneurs and venture capitalists. Since 2005, Cooley has been the most active law firm representing VC-backed companies going public and has ranked as the number one law firm for technology and life sciences IPOs consecutively for the past three years. Cooley has represented one-third of the market share of VC-backed IPOs across all industries and has been involved in 375 public offerings, including some of the nation’s most notable securities transactions, in recent years. Cooley represents more than 325 fund manager organizations, including many of the nation’s leading institutional investors, and has been recognized as the Venture Capital Department of the Year twice by The Recorder in recent years. Mr. Dauchy has represented entrepreneurs, emerging companies, and venture capitalists in diverse industries, including medical devices, software, health care, electronics, and consumer products, for more than 30 years. In recent years, he has been recognized three times as a “Top 100 Lawyer” in California by The Daily Journal. He is a frequent lecturer on matters relating to securities law and public offerings, mergers and acquisitions, and venture capital. He also serves on a number of advisory boards and boards of directors. Mr. Dauchy holds a J.D. and an M.B.A. from Stanford University and graduated magna cum laude with a B.A. in history from Yale University. He is a member of the State Bar of California.