Proactive Law as Competitive Advantage in Crowdfunding

2020 ◽  
pp. 1107-1127
Author(s):  
Jack Wroldsen

This chapter explains how the paradigm of proactive law as competitive advantage can help entrepreneurs succeed in crowdfunding campaigns. Business law scholars have developed theories of “proactive law” and “law as competitive advantage” to show how law can be transformed from an obstacle into a strategic business advantage. This chapter analyzes the evolving crowdfunding landscape through the lens of proactive law as competitive advantage. The chapter proposes several types of innovative securities designed to create competitive advantages in crowdfunding offerings. For example, one type would give crowdfunding investors long-term equity interests while simultaneously eliminating short-term corporate governance challenges for small crowdfunded companies. Apart from securities, the chapter also describes how a proactive approach to law can enhance crowdfunding campaigns in multiple areas, from intellectual property to tax efficiency. To conclude, the chapter suggests expanding the theory of proactive law as competitive advantage to additional areas of entrepreneurship, beyond crowdfunding.

2020 ◽  
pp. 861-881
Author(s):  
Jack Wroldsen

This chapter explains how the paradigm of proactive law as competitive advantage can help entrepreneurs succeed in crowdfunding campaigns. Business law scholars have developed theories of “proactive law” and “law as competitive advantage” to show how law can be transformed from an obstacle into a strategic business advantage. This chapter analyzes the evolving crowdfunding landscape through the lens of proactive law as competitive advantage. The chapter proposes several types of innovative securities designed to create competitive advantages in crowdfunding offerings. For example, one type would give crowdfunding investors long-term equity interests while simultaneously eliminating short-term corporate governance challenges for small crowdfunded companies. Apart from securities, the chapter also describes how a proactive approach to law can enhance crowdfunding campaigns in multiple areas, from intellectual property to tax efficiency. To conclude, the chapter suggests expanding the theory of proactive law as competitive advantage to additional areas of entrepreneurship, beyond crowdfunding.


Author(s):  
Jack Wroldsen

This chapter explains how the paradigm of proactive law as competitive advantage can help entrepreneurs succeed in crowdfunding campaigns. Business law scholars have developed theories of “proactive law” and “law as competitive advantage” to show how law can be transformed from an obstacle into a strategic business advantage. This chapter analyzes the evolving crowdfunding landscape through the lens of proactive law as competitive advantage. The chapter proposes several types of innovative securities designed to create competitive advantages in crowdfunding offerings. For example, one type would give crowdfunding investors long-term equity interests while simultaneously eliminating short-term corporate governance challenges for small crowdfunded companies. Apart from securities, the chapter also describes how a proactive approach to law can enhance crowdfunding campaigns in multiple areas, from intellectual property to tax efficiency. To conclude, the chapter suggests expanding the theory of proactive law as competitive advantage to additional areas of entrepreneurship, beyond crowdfunding.


2020 ◽  
pp. 134-141
Author(s):  
S. B. Moiseev

The factors influencing the possibility of the theory of key competencies adaptation within the traditional ideas of the resource approach to ensure the long-term competitiveness of companies have been considered. For this purpose, the review of features of application of key competencies during the formation of strategies of the industrial companies of mature sectors of industries has been carried out, in which thanks to action of evolutionary mechanisms of technological and organizational development there are objective preconditions for creation of steady competitive advantages on their basis. The necessity of development of methodological approaches to the formation of company’s competitive strategy in the sector of electrical production based on the formation of organizational-economic mechanism of adaptation to external influences and internal changes to manage the development of key competencies as factors of sustainable competitive advantage in the future and the formation of long-term effective business development model of the enterprise, has been substantiated.


Author(s):  
María Victoria Carrillo-Durán ◽  
Juan Luis Tato-Jiménez

This chapter aims to clarify the role of social networking sites (SNSs) such as Facebook, Twitter, and LinkedIn in building the reputation of enterprises. SNSs have a vast potential in the digital environment to build reputation and thus a long-term competitive advantage for companies. The chapter opts for a literature review with which to discuss the difficulties and possibilities companies have in building reputation through SNSs. The SNSs used in companies are marketing-centered. Engagement is promoted only with customers, and is short-term and centered on results instead of being long-term and centered on competitive advantage and promoting engagement with different stakeholders. This issue is not dependent on the size of the company. Instead, it is dependent on understanding the concept of reputation from a strategic point of view, with companies adapting their management to their own particularities and to the different possibilities offered by SNSs.


2011 ◽  
Vol 21 (3) ◽  
pp. 59-72
Author(s):  
Marzena Syper-Jędrzejak

Regulations on corporate social responsibility, are instruments that fill the space between the codes of law and tradition, and morality. In this way the ethics of the company builds customer confidence, investor interest and pride in employees. Business activities in a global world result in many threats associated with loss of reputation of the company, exposure to the accusation of unethical actions. In this situation, conducting a long-term CSR strategy can become a tool for prevention and building competitive advantage. Among the tools used by organizations, to build socially responsible business the most popular are: eco-labelling, social marketing programs, including the ethics programs for staff and corporate governance. It should be noted that a huge responsibility for the effectiveness of programs and tools for CSR rests with the managers.


2016 ◽  
Vol 19 (1) ◽  
pp. 133-148 ◽  
Author(s):  
Alexander Brem ◽  
Maximilian Maier ◽  
Christine Wimschneider

Purpose – The purpose of this paper is to describe how Nespresso achieved competitive advantage through innovation by changing the rules of the game in its industry. Design/methodology/approach – Nespresso was analyzed based on public available secondary data, in combination with related academic concepts on innovation and competitive advantage. Findings – The company succeeded by the thorough application of a strategy that, through perfect alignment, allowed the company to reach a unique market position. However, as described in the case, it took a relatively long time and the company came close to failure several times. Before the current situation of the company, it remains challenging in the future as well. Hence, the Nespresso story provides interesting space for discussion and learning about what innovation is, how innovation emerges, and under which circumstances innovation can serve as a source for competitive advantage. Research limitations/implications – Especially given the current market situation, the case offers different starting points for discussion about innovation and long-term company success. Practical implications – Especially before the current market situation, the case offers different starting points for discussion about innovation and the success of a company on the long term. The case is designed to give practitioners a better understanding on what an innovation as, and how competitive advantages can be linked to innovation. Originality/value – This case of Nespresso is a unique combination of the concepts of innovation and competitive advantage. It serves as an example of an innovation, which was not successful from the scratch, but evolved over time and is still developing. As many innovations went through such a non-linear process, this case offers interesting lessons learned for academics as well as for practitioners.


2000 ◽  
Vol 03 (01) ◽  
pp. 1-26 ◽  
Author(s):  
Dosoung Choi ◽  
Frank C. Jen ◽  
H. Han Shin

During the past decade, the profitability of Korean firms has declined significantly while their business risk has risen substantially. The deteriorating condition was largely due to excessive investments in manufacturing capacity that were financed mainly with short-term debt capital. The measures to restructure the system are summarized in two major thrusts: one, to reform corporate governance so that the business sector becomes more transparent and more value-enhancing; and two, to help develop long-term capital markets so that the domestic financial system becomes less vulnerable to external shocks.


Author(s):  
Örjan Sölvell

Purpose – The purpose of this study is to analyze how The Competitive Advantage of Nations project led by Professor Michael E. Porter has opened up new perspectives on competitiveness of nations and firms for scholars, practitioners and policymakers. With the publication of The Competitive Advantage of Nations (CAON) book in 1990, Professor Michael E. Porter opened up a whole new perspective on competitiveness and clusters, including both new research avenues and new perspectives for practitioners and politicians. By questioning the traditional, more static and macroeconomic, views on competitiveness, he opened up for a new model of microeconomic drivers of long-run firm competitiveness. The new conceptual model, the Diamond model, pointed to the importance of healthy rivalry and dynamic clusters, in the proximate firm environment, as central to our understanding of how firms build sustainable competitive advantages in global markets. Design/methodology/approach – Literature review and conceptual. Findings – To distinguish between short-term, more static, and long-term, more dynamic competitiveness of firms, and the competitiveness of nations and regions, the paper proposes a conceptualization into three interrelated concepts: competitiveness and innovativeness of firms, and attractiveness of nations and regions. Originality/value – This paper summarizes 40 years of Professor Porter’s seminal research with a focus on the CAON project that began with the 1990 book on The Competitive Advantage of Nations. The paper proposes three interrelated concepts to cover issues of competitiveness: competitiveness (firm’s static advantages), innovativeness (firm’s dynamic advantages) and attractiveness (national/regional advantages).


2016 ◽  
Vol 37 (6) ◽  
pp. 10-17 ◽  
Author(s):  
Michel Philippart

Purpose Research has shown the potential contribution of properly managed suppliers to the competitive position of firms. Major strategy schools of thought such as the industry view and the resource-based view have evolved in their perspective about supplier’s contributions, replacing a transactional perspective of supplier management with a more comprehensive view of their role in corporate strategy. This study aims to understand if procurement professionals have evolved in the same direction. Design/methodology/approach During a corporate wide assessment for a large consumer product corporation, the author had the opportunity to incorporate a four-statement question aimed at identifying the perception of value creation by different levels of procurement staff. The answers were compared with responses of a reference group that comprised business school students who had never been exposed to professional procurement as a function or skill. Findings The results show that buyers, even at senior levels, more clearly identify value as the result of price negotiation, a functional perspective, than as the construction of sustainable competitive advantages, the shareholder perspective. They do not discriminate sufficiently between short-term transactional value transfer and long-term shareholder value capture. Research limitations/implications The study was conducted on a sample of 500 people from four continents but limited to a single corporate environment. This study focused on innovation as a source of value and competitive advantages. Originality/value The paper shows to corporate deciders the impact of overly cost-focused procurement departments. This study reinforces their need to better balance the objectives assigned to their procurement team. This study outlines the steps necessary to align the cultural competitiveness of procurement to the objectives of the firm, with an extended enterprise scope.


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