Pat Dickson - Latest Blog Entries

My ASUS Laptop Revisited

Sun, 10 Feb 2013 12:36:00 -0600

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As you know, I have touted my ASUS laptop by making the claim it is a miracle machine for business travel, at least when it comes to performance, reliability, and durability.

In my first article praising my ASUS laptop back in July 2012, in summary, I told how I had bought it at Best Buy for around $600, published the screen shot of its system specs, and even admitted that it had a drawback, in that the video card wasn't quite what I needed for gaming.

Nevertheless, having a computer that lacks high end gaming capacity is a bonus for me. Computer gaming is an addiction and time sink I'm rather prone to picking up in the bad habits department. However, despite the gaming limitation, the computer had no problem with the video I really needed. It ran anything on YouTube, including mpegs I needed to open from Gmail, just fine.

My ASUS laptop did what I wanted it to do, and it did it well. It seamlessly connected to WiFi, booted up quickly, and never crashed. It ran Explorer and Google Chrome and Firefox and handled Microsoft Office without a problem. Word, Excel, and PowerPoint ran smoothly, even when a lot of data or multiple open windows were involved. Finally, I boasted that I've dropped my ASUS laptop, banged it around, and even stepped on it.

So here I am 6 months later, and in review, my opinion of my Asus laptop has not changed. In fact, I love it even more. Still it has not crashed one time, and still it continues to never fail me, even though my abuse of it has not improved. I have added to its torture spilling drinks on it, all over the keyboard, as well as dropping it from about 5 feet straight onto asphalt.

That's right! Recently I had been visiting a client on site, and when I was leaving I threw my ASUS laptop (in its case) over my shoulder. I had made the mistake of failing to zip the carrying case up so my poor laptop went crashing down onto the asphalt. It rolled on its corners like a wheel and came to a hard stop. The plastic around the screen was cracked apart and there was a big chip on the corner, to the bottom right of the keyboard. This computer is done, I thought, as I snapped it back together and dusted it off.

I was certain my ASUS laptop was finished, but when I took her home and hit the on button, she proved the chip on her corner was the only damage she had suffered. We got to work right away by quickly opening up a spreadsheet with 78,000+ lines and doing some impressive pivot tables.

Website Builder: Doodlekit's New Release

Wed, 26 Dec 2012 14:22:00 -0600

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My name is Heath Huffman. I am co-owner and CEO of Doodlekit (the free website builder company that hosts this website). I have worked extensively with Pat Dickson in the past. He has helped our company with many legal issues, and we have helped him with his website needs.

I am blogging today to spread the word about Doodlekit's New Release. We will be rolling out a Beta Release in about a month or so, quickly followed by a full release another month or so later. There will be lots of new and improved features to the Doodlekit system - so many in fact that it is pretty much a full blown rewrite of our product :). New features will include:

Advanced Header Banner And Logo Design Tools
Advanced Template Creation, Editing and Design Tools
Template Libraries With Template Sharing
More Powerful And State-Of-The-Art SEO Tools
Large Font Library
Advanced Icon Editing And Placement Tools
Much, much more...

These are just a few of the features we will be offering. There are many, many more that I have not listed. I will be posting on Doodlekit's blog and Heathbit's blog with more details in the future. If you get the chance, come check out our new product this spring!

Heath Huffman - CEO of Doodlekit
Doodlekit Free Website Builder
www.doodlekit.com

Is My Customer Credit Worthy?

Thu, 15 Nov 2012 05:43:00 -0600

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I've recently written about personal guarantys from both sides of the fence.

On the one hand, if you are an individual working at a company (or even an owner for that matter), you don't want to sign a personal guaranty on your company's behalf, else you could end up personally liable for its debts. In some cases, as an owner or stakeholder you don't have any other option. If you don't personally sign, you can't get payment terms.

On the other hand, if you are a service provider or sell materials or products, you don't want to give payment terms to any commercial customer that is a credit risk. You want a personal guaranty so you don't end up with nothing in the event the customer goes belly up. You aren't in the business of giving away your goods and services. You are a for profit business, not a charity. If the business you are serving might not pay you, you want the promise from a person who will pay you.

But enough about personal guarantees for now. Personal guarantys are only a part of the picture, as they are really nothing more than a safety net in the event your commercial customer can't pay you when payment is due. There is a bigger question, which is really the first question you should ask before giving anyone credit or payment terms:

The First Question is: Is My Customer Credit Worthy?

Ultimately, your primary goal is to avoid financial risk. You want cash up front if you are dealing with a potential deadbeat. If you are going to give anyone payment terms or credit of any kind, you want to make sure they are going to be able to pay you when payment is due.

There are two ways to secure a promise to pay, in the event you offer payment terms:

First, you have your customer fill out and sign a Credit Application. This document asks your customer a number of questions about his credit worthiness, and at the end of it he signs on the dotted line. By doing so, he is agreeing that his business will pay you should you agree to give him payment terms or credit.

Second, as a matter of course, or if you are not satisfied with what is disclosed in the Credit Application, you will want to obtain a personal guarantee. You want an individual on the hook in the event the commercial customer at hand files bankruptcy or otherwise becomes a deadbeat.

But remember, Credit Applications and Personal Guarantys are just documents. They don't guarantee you will be paid just because someone signs on the dotted line at the end. The most important thing to know is whether the company signing the Credit Application (via its officers, owners, or employees), or the individual signing the personal guaranty on behalf of the company is credit worthy.

In other words, signatures on paper are nice and look formal and all, but are you going to be paid when payment is due? Does the company signing the Credit Application, or the individual signing the personal guarantee, have any money? If they aren't cash rich, do they have the credit needed to pay you? Do they have substantial unencumbered assets? Do they have a history of non payment?

The good news is that I've already written an article about doing credit evaluations! I did so in the context of a construction subcontractor evaluating the credit worthiness of a construction general contractor. Read the article and you'll find that most of what I recommend will work for evaluating the credit worthiness of your customers.

Personal Guaranty: Get One Before Giving Payment Terms

Wed, 14 Nov 2012 16:54:00 -0600

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Time and time again, I see small business owners getting ripped off because they gave their customers payment terms without first requiring a personal guaranty (by the way, "personal guaranty" and "personal guarantee" mean the same thing - there are just two different spellings for it).

When it comes time for the small business owner to be paid, the check is not in the mail. Long story short, the customer's corporation or LLC is broke or filing bankruptcy. If it wrote and sent a check, it would bounce

Yet, the small business owner's impulse is to call up the person he gave the payment terms and demand he make payment. The answer received is "I'm sorry. This is a business debt, not a personal debt."

It doesn't seem fair, and maybe it isn't, especially if the customer is really the sole owner of the corporation or LLC that was given the payment terms in the first place. After all, the owner signed off on the payment terms offered along with the goods or services provided. He personally agreed to make payment, right? The answer is no. If this sole owner of the debtor corporation didn't sign a personal guaranty, the small business owner/creditor is usually out of luck.

Why? How can this be? The law protects individuals from business financial obligations so long as they are acting as employees or agents of a corporation or LLC. This is the case even if the person you are dealing with is the sole owner of the corporation or LLC. A personal guaranty gets around this problem. By signing a personal guaranty, a person, even if a sole owner of an LLC or a corporation, is on the hook to pay his business's debt, even if the business cannot make payment.

The legal concept, or belief, behind an owner being able to use a corporation or LLC as a scapegoat for what should be his personal obligations is that people will be more willing to start businesses if they have limited personal liability. They are only obligated to the extent they contribute money or assets to their LLCs or corporations in exchange for equity, stock, or other forms of compensation. This subject is complex and won't be addressed any further in this article.

The takeaway is that when dealing with corporations or LLCs, obtaining personal guarantys from customers before extending them any credit can be a very wise practice. Otherwise, if you are not paid your only recourse may be an empty bank account of a defunct or bankrupt LLC. You might have a great collections department, but if there is no money to collect... You know the cliche. Blood from a Stone.

So here is the RULE: before giving any company or business payment terms for services rendered, materials or products delivered, get a personal guaranty of the debt or obligation. If you are told NO, then make them prove the business (LLC, corporation, or otherwise) you are dealing with is credit worthy. If you don't, then if the business ends up defunct or bankrupt, you won't have any money to collect even if you take them to court and get a judgment. However, if you have a personal guaranty, you will have a person to go after, personally.

Personal guarantys are a promise to pay a business debt when the business cannot pay. Always get them when you can! And of course, personal guarantys are only good if the person signing them has sufficient money or assets.

Don't Ever Sign a Personal Guaranty!

Sat, 03 Nov 2012 15:54:00 -0500

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Should you ever sign a
Personal Guaranty? No!

One of the most common mistakes business owners, officers, managers and employees make is that of signing a personal guaranty. Don't do it. It seems innocuous, but it isn't.

The personal guaranty is part of a very common scenario. You are trying to set up terms with a vendor so you can order product or materials.

As a matter of course, the vendor emails you a form to fill out, sign, and email back to him. Only then can he can fulfill the order and accept being paid at a later time, likely on somewhere between net 7 and net 120 day terms, depending on the nature of your business.

Beware, somewhere in the vendor's paperwork is a personal guaranty!
Don't sign it!

However, first you have to look through the vendor's paperwork to find the personal guaranty section. In many cases, this paperwork will be titled something like Credit Application, and then there will be one to several pages you have to fill out about your company, e.g. the official corporate name, the address of your headquarters, your revenue numbers, headcount, the current availability on your credit line, your Dun and Bradstreet Number, inter alia. You might even have to attach your company's pro forma financial statements for the last quarter, and the audited financial statements for the previous year.

At the end of all of these disclosures you will likely find a place where a company owner, officer or employee has to sign and date the application itself, not the Personal Guaranty which usually comes later in the form, or as a separate attachment. By signing the Credit Application, on behalf of the company, you, a company agent or employee, is promising that the company will pay for whatever you are going to be ordering at some agreed time in the future. Signing this part is fine (The Credit Application, not the Personal Guaranty!).

To say it again, by signing the Credit Application, you, or an owner, officer, or coworker is acting on behalf of the company. The company becomes obligated for the debt, or the credit for which the application is being submitted. The person signing is not thereby becoming personally obligated to pay for any debt incurred. The company is obligated, and the credit line received belongs to the company and becomes its full responsibility. This is even the case if an owner of a corporation or LLC is signing the Credit Application. The debt belongs to the business entity, not the shareholder or member, at least not beyond their capital contributions.

Only if a person signs the Personal Guaranty section could he, the person, be on the hook for any debt incurred or credit extended, which is why this article is emphasizing that signing the Credit Application part of a Credit Application, as an owner, manager, or agent of a company is fine. However, signing the Personal Guaranty part of a Credit Application is a big NO NO! You as an individual do not want to be responsible for an entire company's credit line with even a single vendor, even if you are an owner! As an owner, if you are a shareholder or LLC member, you formed your company with a primary goal in mind, and that was to limit your personal liability!

In other words, if your company runs out of money and can't pay for the materials or product procured under the subject Credit Application, and a lawsuit results, you don't want to be personally named in the lawsuit. I suppose that is the big take away from this article. If you are an individual and you sign a Personal Guaranty on behalf of a company, you can be sued for any debts you personally guaranty, and the money comes out of your pocket!

Look closely - the sneaky
Personal Guaranty is in there somewhere!

Ok. Keep looking for the Personal Guaranty section. Make sure no one, especially you, signs the Credit Application as anything but an agent, officer, director, or authorized employee of your company, which as stated above, is usually part of the Credit Application itself. The Personal Guaranty, as also previously stated, is usually at the end of the document and titled "Personal Guaranty," or it may even be a separate attachment to the application. If you cannot find either, read every word of the application to make sure there is no language in it, whatsoever, which suggests that any individual signing anywhere is thereby made personally responsible for any debt or obligation incurred.

What do you do when you find the Personal Guaranty?
Destroy it. Cross it out!

If the Personal Guaranty is a separate attachment, cross it out with a big X. If the Personal Guaranty is a section at the end of the Credit Application, cross it out, every line! If there is Personal Guaranty language in the Credit Application lurking sneakily in the text, cross it out, but down by the Credit Application signature line, preferably right above it, write something like:

"Notwithstanding any other term in this document herein, no personal guaranty is being given by anyone executing this document."

Of course, always consult an attorney before inserting your own changes/additions into any legal document. Yet hopefully this article is instructive in the case you simply can't afford to pay a lawyer every time you deal with one of the many credit applications that come across your desk each week.

Caveat, sometimes you just have to sign a personal guaranty

Just make sure an owner of the company, not you, unless you are an owner, member, or shareholder, signs personally. In cases there is no other option but to have a vested member, shareholder, or owner of a company sign a Personal Guaranty. Why? In most such cases, the company itself isn't credit worthy, so no risk averse vendor is going to give the company terms unless an individual, with assets outside the company, guarantees the debt for any credit extended.

So we see, from a vendor perspective, a Personal Guaranty is an important tool when dealing with companies that present unacceptable financial risk. Just make sure that if you are not a vested owner (and clearly aware of the ramifications of what you are doing and personally risking to give such risk averse vendors separate financial assurances) don't ever sign a Personal Guaranty!

The Cloud is Open For Business

Sun, 02 Sep 2012 18:22:00 -0500

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Powerful Computer Resources
Without An IT Department

How convenient would it be to have powerful, Microsoft compatible, word processing, e-mail, calendar, graphics, spreadsheets and more, all shareable on a single network among all your users?

I have to admit that I am constantly amazed at how many small to midsize businesses pay thousands of dollars per month to network their computers, share their documents and e-mails, build their graphics, develop and share their spreadsheets and more. They have local area networks, off-site Internet access, servers and storage devices, and perhaps most importantly, significant expense. How would you feel, as a business manager, if someone could set up your network for a one time fee? After that, the systems administration, technical support, hardware and software ranged from zero dollars, for extremely light usage, to perhaps $10 or $20 per month for anything more.

Personal computers used to cost thousands of dollars. They now cost hundreds! However, business networking administration has not undergone the same dramatic adoption of low-cost alternatives. I am not sure why! The technology is there. It's cloud networking at your corporate fingertips, at a truly nominal expense. Network services and hardware can now actually be less expensive than owning your own physical hardware. Nobody considers owning their own electrical generator for electricity. Nobody considers setting up their own telephone network among their friends and Associates. Yet, that is exactly what businesses do when it comes to managing their data... their documents, spreadsheets, graphics files, e-mail, etc. They just aren't using the available, and often free, cloud networking tools.

I will tell you the secret. Certain free email providers offer free tools that any small business can use as a viable alternative to expensive network services and hardware. All you have to do is sign up for a as many free account as needed, and there you have it! Safe and secure small business cloud networking is at your fingertips.

If you would like, you can call me for a free, one-time, 30 minute consultation. I'll give you the rundown. I'll explain how you can harness the vast, publicly available, incredibly economical cloud computing resources for your business. I'll explain how this possibly helps you save tens of thousands to hundreds of thousands of dollars per year in technology expenses. We'll also discuss how how your data can be safer, more secure and automatically backed up for you. Stop worrying about lost documents, missing spreadsheets or corrupted graphics!

Have your data when you want it, how you want it, when you need it.

Albert F. Case, Jr.
Stamford Research
(904) 924-4601
albertfcase@gmail.com

Business Owners: So Why Do You Do What You Do?

Thu, 23 Aug 2012 12:01:00 -0500

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Every day I work with business owners in a wide variety of industries helping them achieve their goals and reduce the stress they experience in running and building a business.

As a part time Chief Financial Officer for these owners (and some non-profit leaders as well) my role is strategic in nature but I often find myself rolling up my shirt sleeves to get the job done in fixing day to day issues and problems.

As a CFO, my technical goals are to improve profit margins, cash flow, and business valuations for my clients. But my real goal is to put out the fires that keep them awake at night by helping them build stronger businesses that will minimize risks and enable them to achieve their life goals.

As a business owner, why do you get up in the morning?

So, as a CFO my focus is on business – how to start, manage and build a successful enterprise – in ANY industry. But I have discovered that the key to business success is in first defining what you want out of life; then determining how your business will help you get there. Very often I meet business owners whose sole reason for getting up in the morning is to go to work. When I ask why they are doing that I often get a blank stare or some far-off vague notion of what they ultimately would like to do such as:

• To continue to enjoy my current life style or,

• To retire when I’m 50, or

• To put my kids through college, or

• Nothing – I love to work and want to work till I die

I always ask this question because it is fundamental to building a successful business. If one can define what he/she wants out of life then I can help him/her figure out how to get there using their business as the primary vehicle for building the wealth they will need to fund their dreams.

Is your business like a ship sailing without a rudder?

The follow-on question is this – When you are ready to leave the business how are you going to convert the equity you have in the business into cash or, how will you get cash out of the business if you have to retire early for some event that was beyond your control? Here is what I hear most often,

• I’ll sell to my competitors

• I’ll sell to my employees

• I’ll sell to my kids

Bad answers all! When the day comes, no one may want your business including your kids unless you have planned for the day well in advance. Consider this; in the next 10 -15 years 12 million baby boomers will be looking to sell their businesses. Most (80% + ) will fail for a variety of reasons.

The number one reason is that they built their businesses around themselves so that once they are gone there is no business. There are several other common reasons why business owners will fail in being able to get cash out of their business. Don’t let it happen to you!

Planning is key and the earlier the better. In the grand scheme of things there are really two “musts” to be successful. The first is that you must know where you want to go. If you don’t know that you will never “arrive”. The second “must” is a plan.

What are your goals and dreams for your business?

Business owners really need two plans. The first and most important one is a plan for converting the equity in a business to cash when the day comes to leave the business keeping in mind that for many that day is not of one’s choosing. Bad things happen to good people so planning for contingencies is critical. This is often called an “exit strategy plan”. It doesn’t come together overnight but develops and evolves over time under the guidance of an expert who is trained in exit strategy planning and acts as a quarterback in coordinating advisors of every type (bankers, attorneys, wealth advisors, etc.) for the benefit of a business owner.

The second critical plan is one specifically for the business – the proverbial “Business Plan”. Too often business owners spend thousands of dollars in having someone create a business plan for them so that they can make a better presentation in applying for a loan. Then the plan is put on a shelf and forgotten. More often, however, there is no plan at all and the business is like a ship without a rudder. Again, without a plan a business might grow a little but it will never ever reach its potential. So, in order to be successful in life a business owner must have the following:

1) Defined life goals

2) A plan for achieving those goals often called an “Exit Strategy Plan”

3) A dynamic plan for the business that guides every decision made in the company

Planning is the secret to success and answers the question of why you do what you do.

About the Author

Mr. Casebere is a partner with the firm B2B CFO®, a national association of highly skilled Chief Financial Officers who provide part-time assistance to small and mid-sized companies. Mr. Casebere has over 30 years of experience in corporate finance helping companies of all sizes achieve their goals. He is an expert at helping business owners and leaders of non-profit organizations increase their profit margins while improving cash flow and maximizing company value. He holds an MBA, is a Certified International Credit Professional and Project Management Professional. You can contact him at: dcasebere@b2bcfo.com

Checkout his website at www.davecaseberecfo.com to see articles he has written on a wide variety of business topics and read his bio at: www.b2bcfo.com/partners/dcasebere.

Challenges in Raising Capital

Sun, 29 Jul 2012 06:57:00 -0500

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What do you do when your business needs additional working capital?

If you are like most business owners, you start with your local banker. Unfortunately, as Mark Twain said, a banker is someone who will gladly lend you his umbrella when the sun is shining, but wants it back (with interest) as soon as it starts to rain.

You could reach out to your family and friends. You could search for an angel investor or venture capital. If you do, you'll need to follow the SEC's Private Placement rules, which prohibit advertising.

You could also take your company public, which brings a basket full of challenges.

The Liquidity Challenge to Raising Capital

Investors define liquidity as the degree to which an asset or security can be bought or sold in the market without affecting the asset’s price. Accountants define liquidity as a measure of the ability of a debtor to pay his debts when due. It is usually expressed as a ratio or percentage of current liabilities.

We define liquidity as the ability a business owner has to leverage their equity and convert it to cash. What could your business do with increased liquidity?

Additional working capital for payroll, inventory and other operating expenses
Expand your business with investments in marketing and equipment
Pay down debt or enhance your financial position to finance other assets
Acquire other businesses to increase your market share and control
Attract key employees with enhanced compensation packages
Buyout initial investors, like the Uncle who got you started but just has to go!
Access your financial and sweat equity and finally take some cash home
Allow your current shareholders to sell their stock
Provide an exit opportunity for founders and investors

If cash is king in your business, liquidity is the path to the throne.

Going Public and Raising Capital

An initial public offering (IPO) is the first sale of stock by a company to the public. When the company lists its securities on a public exchange, the money paid by investors for the newly issued shares goes directly to the company.

Once a company is listed on a public exchange, it may issue additional common shares via a secondary offering. The business can thereby create additional capital. While there are many benefits to going public, the most vital is the ability to raise capital without incurring debt.

There disadvantages to going public include significant legal, accounting and marketing costs, ongoing requirement to disclose financial and business information, meaningful time, effort and attention required of senior management, public dissemination of information which may be useful to competitors and public market volatility unrelated to business performance.

There are over 30 million businesses in the United States. Just 30,000 – less than 1% – are public companies. Either the disadvantages outweigh the advantages of going public or many businesses are simply too small to go public.

A New Path to Liquidity and Raising Capital

What if … your business could realize the advantages of going public … while mitigating the disadvantages? What if … your business could go public and attract both accredited and non-accredited investors? What if … your business could go public and advertise your investment opportunity to investors?

What if … your business could go public and your investors could utilize their IRA qualified funds and only make a small minimum investment? What if … your business could go public and your investors had an immediate exit opportunity to sell their stock?

What if … your business could go public without significant legal, accounting and marketing costs? What if … your business could go public with minimal requirements to disclose financial and business information? What if … your business could go public without meaningful time, effort and attention required of senior management?

What if … your business could go public without public dissemination of information which may be useful to competitors? What if … your business could go public on a buy-sell only marketplace, eliminating public market volatility that was unrelated to your business performance?

What if … your business could go public on a new Independent Stock Market? The Independent Stock Market provides two distinct programs for businesses looking to raise capital by going public:

Phase One

Two (2) Years in Business
$2.5 million valuation
Generating revenue
“Fan” Base (Family, Friends, Employees, Customers, Suppliers, etc.)
Less than 2,000 Shareholders (500 of whom can be non-Accredited)
Minimal Filing and Reporting Requirements
Annual Audit

Phase One is currently available in 38 states. It is not available in California, Illinois, Kentucky, Louisiana, Mississippi, Missouri, Montana, New York, Pennsylvania, Tennessee, Vermont or Virginia.

Phase Two

All of the requirements of Phase One, plus:
Unlimited Shareholders
Full Public Filing and Reporting
Sarbanes-Oxley Compliance

Phase Two is available in all 50 states.

Your Hidden Liquidity

Certified Valuation professionals consider many factors when establishing a value for your business. Obviously, they will look for financial indicators, such as your historical sales and earnings results. They’ll evaluate your margins and your overall financial structure, comparing your business to others in your industry.

They will also look for diversification of your product line, customer base and suppliers. They know that circumstances change and want to ensure your business is resilient in response to changes. Most importantly, they will look at your management team and key personnel. The quality and depth of your team and the absence of reliance on one or just a few key people are critical factors in mitigating risk for investors.

In establishing a value for your company, Valuators will also consider the liquidity of your stock. If your stock can be traded in a public marketplace, you will receive a valuation that reflects the full value of your company.

If you are a private company, your value will be downgraded by 20% to 40% as a result of an IRS provision called the Lack of Marketability Discount (LOMD). What could that mean for your business?

Public Company Value $7,000,000
Private Company Value (30% LOMD) $4,900,000

This hidden liquidity is available to your business as a public company through the Independent Stock Market.

If you are interested in learning more about taking your business public with the

Independent Stock Market, contact:

Bill Merrow

602.821.7340

bill@independentstocks.com

Outside Business Perspective to Simplify 4 Success

Thu, 26 Jul 2012 15:14:00 -0500

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Do you remember that first day on your new job of a lifetime? You had so many ideas, goals, and plans swimming in your head. In every process and procedure, you saw simple tweaks you could suggest to help improve things.

Your ideas were all so simple. Why hadn't others already seen the possibilities and suggested them?

You saw all these possibilities because your mind approached EVERYTHING with a fresh, “outside” perspective. “The Law of Familiarity” had not yet clouded your creative powers, thoughts and ideas with negativity or hidden agendas.

Your business needs new ideas - old practices never work forever!

Too many managers, executives, and owners get bogged down by their toxic mindsets. They get caught up with working in the business, while failing to work on the business. They lose that valuable asset of “outside perspective,” usually without even realizing it happened.

Leaders who lack flexibility, who let their own stagnant growth harm their teams, and who refuse to seek input from others, do not stay ahead for long.

Seeking input and flexibility can be obtained in several ways:

• Ask key questions such as, “What else can this mean?” to help you consider a variety of perspectives. As with any habit, repetition will lead to a life long pattern of thinking outside the box.

• Hire an outside consultant with the expertise you require. This is one of the best investments you can make to keep your business a fresh, efficient, and productive industry leader.

• Remember the value of idea variety - no one person lives long enough to replicate all the experiences different individuals have over their lifetimes. A unique and valuable perspective is developed in each person's upbringing, and cemented in each person's relationships and career roles over a lifetime. Everyone has potential value—be open to it.

• Get with the times! Technological advances have led to a much smaller and faster world, where encyclopedic amounts of information are exchanged in one click of a mouse or swipe on a smart phone. As industry leaders, we must embrace these innovations and use them to help our companies grow. Too many companies are utilizing tools and ideas that are over a decade old, and ignorance is no longer a plausible excuse. Remember, you have access to the world in one click! Being open to new ideas will allow you to learn as an individual, and it will give your company the opportunity to flourish.

Too many of us have heard (or have been guilty of saying), “We do it this way because we've always done it this way.”

If your business is stifled, stop doing things the same way!

As a manager, executive, or owner, don't let yourself waste precious time putting out fires—look for ways to prevent the disaster in the first place. Be the smart, experienced leader, coach, and mentor that you know you are. Remain flexible and open to that elusive “outside perspective,” and you will continue to stay ahead of the pack.

Chuck Finzer
Business Development Consultant
(602) 908-4424
simplify4success@gmail.com

How Does The Jobs Act Make Funding Your Business Easier?

Wed, 25 Jul 2012 17:45:00 -0500

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A number of my small business clients have been asking me how the recently passed Jobs Act can help them obtain funding. Specifically, they are asking if the Jobs Act allows them to more easily sell a portion of their company's stock in order to solve their immediate cash flow challenges.

Help Jobs Act!

A small equity infusion could make all the difference!

More traditional means of obtaining operating cash are failing like never before. Money is scarce in today's economy. The banks aren't lending. Investors seem unwilling to take any risk. It seems you can only find cash when you have so much collateral you don't need any cash in the first place.

Does the Jobs Act give suffering small businesses hope for finding cash crunch respite? Haven't the SEC rules for selling stock been eased by the Jobs Act? The answer is we don't yet know.

Though the Jobs Act (the "Jumpstart Our Business Startups Act") was passed and signed by President Obama on April 5, 2012, we still don't know exactly how small businesses can more easily go about selling their stock in order to obtain much needed operating capital. The SEC still has to publish all the regulations, and it has until the end of 2012 to produce them.

What the Jobs Act will really say in practice is still up in the air. To make matters potentially worse, word on the street is that the SEC is falling behind on the job. The regulations might not be published until sometime in 2013.

So how will the Jobs Act really help small businesses sell stock?

Assuming the SEC regulations, when finally published, don't make selling small business stock more difficult than it is worth, crowdfunding opportunities will become available that are currently prohibited. If all goes well, small businesses may soon be selling their stock through a number of easy to access online opportunities!

Nevertheless, right now, if you are a shareholder in a small corporation, you can't just go solicit investors online. Rule 506 of Regulation D and Rule 144A of the Securities Act of 1933 forbid it. A General Solicitation and General Advertising Ban are currently in place, at least until the new SEC regulations we are awaiting are published and put into effect.

Caveat, there will still be a registration process put into place. We will know exactly what it is when the SEC is finished drafting its regulations. The hope is that the spirit of the Jobs Act won't be too muddled and bogged down by the SEC's rulemaking. So, fingers crossed, when the time comes, small companies will be able to do the following.

Fill out a simple application and registration ("Simplified Registration") that is filed with the SEC and quickly approved
Take advantage of online crowdfunding opportunities. Go online, showcase your business, and do a mini IPO!
Sell stock to as many as 500 "unaccredited" shareholders, or a total of 2000 mixed shareholders
Raise as much as $50,000,000 before having to comply with traditional trading laws, rules and regulations

Ultimately, the big question is how complex and tedious this "Simplified Registration" process will be, as well as how difficult it will be to engage in crowdfunding opportunities. Even the crowdfunding opportunities, which will be known by names such as "independent stock markets" will still be regulated by the SEC. We just still don't know how heavy-handed this regulation will be.

How can you prepare to go mini IPO?

Even though there are still many unknowns, namely how heavy-handed the SEC will be with its drafting of the Jobs Act regulations, there are a few things small companies can do in anticipation of taking advantage of new mini IPO and crowdfunding opportunities:

Due diligence. Be sure to have all your tax returns filed and all of your financial statements in order. Be able to document everything about your company. Are all of your contracts filed in one place and listed? Your leases? Do you have a complete customer list? Have you done a complete inventory? Can you show me a detailed list of equipment? Who has loaned your company money? Can you produce a list of promissory notes showing all parties, amounts, and terms?
Potential investors. Have you made a list of all the individuals, banks, and institutions that may wish to purchase your stock when the time comes? Who will buy your stock?
Marketing materials. If you don't have a handsome color brochure that details what your company is all about, including a review of your products and services, your customer base, the market you are in, where your company is going as well as its vision, you better get started! Go talk to someone like my friend Andrew Kolikoff if you need help. He's been on top of all the Jobs Act research and knows how to best package a business.

The Magic Top 9 Negotiation Tips

Tue, 24 Jul 2012 17:21:00 -0500

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INDEX

Negotiation Tip # 9: Know Your Enemy
Negotiation Tip # 8: Consider All Costs
Negotiation Tip # 7: Start Fixing
Negotiation Tip # 6: Find An Ally
Negotiation Tip # 5: Don't Answer
Negotiation Tip # 4: It Is Their Story
Negotiation Tip # 3: Make Friends
Negotiation Tip # 2: Listen
Negotiation Tip # 1: Silence

Footnote:

I don't claim to own these Magic Top 9 Negotiation Tips. I don't. They are nothing more than my best efforts to summarize the great wisdom of many and to put them all in one place. None of this wisdom is mine. I've just compiled it over more than three decades, four college degrees, and nearly twenty years of legal and corporate practice, and not to forget as many or more mistakes than successes as well.

In fact, these Negotiation Tips really have nothing to do with the law or legal practice. At least not specifically. Only generally. In my opinion, great wisdom is much broader than the sometimes superficial viewpoints, logical loops, and approaches found in courtrooms or law firms, or even in political debate and legislation.

This is not to say politicians, lawyers and judges cannot benefit from these Negotiation Tips. They can. Whether they will is another story! After all, how often does a lawyer, judge, or politician listen rather than talk, which is one of the core negotiation principles I am advocating herein? To be fair, the same goes for husbands, wives, television journalists, teachers, and even members of the clergy. We are all at fault. We have two ears and one mouth for a reason. We don't always act as if this were the case.

I suppose my point is that it does not matter who we are, what role we play, how educated, rich, or poor we are. Everyone can benefit from these Negotiation Tips! This is why I call them The Magic Top 9 Negotiation Tips!

Nevertheless, despite my giving my own kind a hard time, it was a lawyer who taught me what I believe is one of the core principles of my negotiation strategy. When I was still a green attorney, this gentleman mentor, who had more than twice the years of practice as I had years alive, would always remind me of something very important. When I was worried my inexperience or anxiety would get the best of me in the courtroom, during a deposition, or over the course of a heated negotiation, he'd say:

"Just remember, you have two ears and one mouth for a reason."

To this day, I rarely make the wrong move at the negotiation table or in the courtroom when I remember this old addage. Hardly ever have I put my foot in my mouth when I confronted an opponent first with my ears, followed by measured, cautious words.

Minority, Disadvantaged, and Small Business Certification Basics

Mon, 23 Jul 2012 12:53:00 -0500

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If your business is small, or it is partially or completely owned by minorities, women, veterans, or persons with disabilities, you are likely in a position to gain a competitive advantage. You can certify your business with a number of public and private agencies. As a result of being certified, special opportunities for selling your products or services will become available.

There are many, many opportunities for certified minority, small, women-owned, disabled, veteran, and "other" business (we will collectively call them "Disadvantaged Businesses"). Too many to list more than a few in this article.

To name just a few of these opportunities, government bids, projects, and service contracts often require Disadvantaged Business participation. Large food and beverage distribution agreements often require proof of minority, women-owned, or veteran participation. Public and private construction projects often require Disadvantaged Business participation as well. However, to prove your business qualifies, you usually have to produce a proper certificate!

Because the business certification sources, processes, and opportunities you seek vary so much depending on who you are, with whom you are seeking certification, the products and services you provide, the industry you serve, and where you are located/your geographic reach, this article is only intended to be a general overview. Hence, I will limit the rest of our discussion to definitions and a listing of a few Disadvantaged Business certification opportunities.

Generally speaking, to certify as a Disadvantaged Business, the basic requirements are usually pretty simple. Certification might require proof that the applicant business is at least 51% owned by disadvantaged persons. Such proof is often obtained by providing birth certificates, passports, or drivers' licenses to the certifying agencies. Every certification process and application varies. Caveat, I have seen cases where disadvantaged ownership requirements have been as low as 5% and as high as 100%.

Disadvantaged Business acronyms: MBE, WBE, SBE, DVBE, DBE, OBE

What do all these acronyms stand for? Here is a partial list, and my definitions are only generalities. Government and private agency definitions vary from certification application to certification application.

MBE = Minority Business Enterprise. To be certified as an MBE usually requires 51% minority ownership or management. Qualifying minorities may include, but are not limited to, Black Americans, Asians, Hispanics, and American Indians.

WBE = Women Business Enterprise. To become certified as a WBE usually requires proof 51% or more of the owners or managers of the business are women.

SBE = Small Business Enterprise. Certification of an SBE really varies. However, it is not uncommon to require SBE owners to prove their net worth is under $1m, that there are fewer than a certain number of employees, or that revenues or assets are not greater than a certain amount.

DVBE = Disabled Veteran Business Enterprise. DVBE status often requires written proof from the military that the owners/managers were disabled while serving their country.

DBE = Disabled Business Enterprise. Blind, deaf, and otherwise disabled business owners and managers have many opportunities for obtaining DBE certification.

OBE = Other Business Enterprise. What qualifies for OBE status varies. I have observed that bids with the City and County of San Francisco often reference the preference for certified OBE's from time to time. I have seen one case where a transgendered individual qualified his/her business as an OBE and was given preference in a public bid, which resulted in winning a lucrative contract opportunity.

A few places to apply for Disadvantaged Business Certification:

US Small Business Administration

National Minority Supplier Development Council

Women's Business Enterprise National Council

City and County of San Francisco

City of Phoenix

The Stand on the Scales and Lose Weight Diet

Thu, 19 Jul 2012 07:48:00 -0500

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I am not a doctor. I am a lawyer, so anything I tell you I do with respect to my personal health or fitness is not medical advice or even the slightest recommendation you do as I do. Richard Simmons or Arnold Schwarzenegger are better sources.

What I tell you I do - if you try It - may kill you, harm you, maim you, disfigure you, or damage your well being.

By following my health and fitness example, you may or will or shall suffer trauma of various and sundry and multifaceted kind. The damage may or shall be temporary or permanent. It may or shall be physical, emotional, spiritual, chemical, or all of the various and previously stated types.

Said symptoms and results of doing as I do may or shall be experienced singularly, all together, all at once, and may involve vacillations, combinations and permutations. It may be painful or agonizing and last anywhere from seconds to forever. It may involve dementia. Bleeding and convulsions may occur.

In fact, you should always do three things whenever you read my health or fitness advice.

Never follow it, ever
Always know that what I'm saying is satire, even if I'm telling you exactly what I do and it works for me
Always talk to your doctor before doing as I do

What is the Stand on the Scales and Lose Weight Diet?

The stand on your scales and lose weight diet is not about balance. It is an extreme measure I take whenever I go through periods of gorging, a.k.a. "eating modern American style," and thereby gaining 20 lbs either after having a crazy hungry month or having been on a business trip for a month and having gone wild.

I feel fat, to put it minimally. I'm teetering on collapsing into serious depression. None of my JoS.A.Bank wool dress pants will button around my swollen belly and I refuse to go buy the next largest size. There is only one thing to do. Only one thing will work! Yes, you've got it!

The Stand on the Scales and Lose Weight Diet!

Stand on the scales every morning. Note your weight
Set a weight loss goal
Spend 30 minutes on the treadmill
Lift weights for 1 hour
Immediately eat a Filiberto's Steak, Egg, and Cheese Burrito
Eat nothing else but plain raw fruit and vegetables the rest of the day
Walk 5 miles around the neighborhood before going to bed
Stand on the scales every morning. Note your weight. If doing Steps 1-7 hasn't resulted in your being lighter than you were the morning before, cut out the fruit in Step 6. If cutting out the fruit fails, start cutting back on the Filiberto's Steak, Egg, and Cheese Burrito, 10% at a time, until you start losing weight

There you have it! That is what I do and it never fails me! Don't try it. The Stand on the Scales and Lose Weight Diet is something you should never do! Let it kill me! Go try that eat six meals per day diet (How in the world that works, I have no idea. But doesn't it seem absurd eating six times per day helps you lose weight?), or the Paleo Diet, or the Grapefruit Diet, or whatever. Who knows? Please go ask your doctor what is best. Don't listen to me or try this at home!

Arizona Homestead: A Home Safe from Creditors

Wed, 18 Jul 2012 19:00:00 -0500

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In this day and age, a lot of us have creditors at the doors of our homes, and we just don't have the money to pay them. Maybe we have good excuses, and maybe we don't. Will you lose your home?

Maybe we just want to know we are secure in case unfavorable circumstances ever put us in debt. Are you, your family, and your house safe?

The good news is that if you live in Arizona and own only one home, you might be very safe.

If your home, or its equity, is worth $150,000 or less, it is paid off or you are current with your mortgage, and there are no liens or secured interests against it, there isn't much to worry about. The Arizona Homestead Exemption protects you.

The Arizona Homestead Exemption protects you if you've never filed a Homestead Declaration and Claim with the County Recorder!

However, filing a Homestead Declaration and Claim is smart if you own more than one house. You want to make sure you put all your creditors on notice which house you want protected by Arizona Law. Don't leave that issue open for argument!

It is also good practice to file your Homestead Claim just to make sure no one has any doubts what home interest, exactly, you are protecting. Your Arizona Homestead Declaration will come up should anyone, creditor, friend, or foe, search county records with you or any of your assets in mind.

One question that is often asked is "What if I have a house worth $250,000, but I owe the bank $100,000?" The answer is you are protected as long as your payments to the bank are current. If you are good with the bank, you will be fine. The Arizona Homestead Exemption protects the $150,000 in equity on your house.

Another question is "What if I file for bankruptcy in Arizona Federal Court? Am I safe as long as my equity interest in my home is worth $150,000 or less?" Again, the answer is yes. You are safe. Federal Bankruptcy Law respects the states' Homestead Declarations. Each state is different. Homestead protection in Arizona, we know, is $150,000. However, if you are in a state without any homestead protection, then Federal Bankruptcy Law applies. I believe it only protected $21,165 in home value in 2011.

Nevertheless, all I've said comes with a big set of caveats! Lawyers and the law, I know... There are exceptions to your Arizona Homestead Protection. As we have seen, if your house is collateral for a loan you took out to buy the house, you aren't safe from the bank.

Caveat, even with Arizona Homestead Protection, you aren't safe from:

* Materialman's Liens: If someone does work on your house and you don't pay them, they can put a lien on your house and you aren't protected by Arizona Homestead Law.

* Taxes: Yes, the IRS can get your house, even if it is homesteaded.

* Spousal maintenance, child support and divorce. If you owe alimony, are in arrears on child support, or going through a divorce, your house might not be safe.

* HOA fees. Even if you hate the work the gardener has been doing, be sure to pay your HOA fees. Your house, in some situations, even if homesteaded, can be sold out from under you if you don't pay your association fees.

Specifically, Arizona Law States:

"Arizona Revised Statutes

33-1101. Homestead exemptions; persons entitled to hold homesteads

A. Any person the age of eighteen or over, married or single, who resides within the state may hold as a homestead exempt from attachment, execution and forced sale, not exceeding one hundred fifty thousand dollars in value, any one of the following:

1. The person's interest in real property in one compact body upon which exists a dwelling house in which the person resides.

2. The person's interest in one condominium or cooperative in which the person resides.

3. A mobile home in which the person resides.

4. A mobile home in which the person resides plus the land upon which that mobile home is located.

B. Only one homestead exemption may be held by a married couple or a single person under this section. The value as specified in this section refers to the equity of a single person or married couple. If a married couple lived together in a dwelling house, a condominium or cooperative, a mobile home or a mobile home plus land on which the mobile home is located and are then divorced, the total exemption allowed for that residence to either or both persons shall not exceed one hundred fifty thousand dollars in value.

C. The homestead exemption, not exceeding the value provided for in subsection A, automatically attaches to the person's interest in identifiable cash proceeds from the voluntary or involuntary sale of the property. The homestead exemption in identifiable cash proceeds

continues for eighteen months after the date of the sale of the property or until the person establishes a new homestead with the proceeds, whichever period is shorter. Only one homestead exemption at a time may be held by a person under this section."

Finally, where do you go to file your Arizona Homestead Declaration and Claim? Look up your county recorder online or call them up. Tell them you want to Homestead your Arizona house. They will tell you where to find the form and what the filing fees will be.

It's Not YOU or Your Sales Team; It's About Generation ME

Tue, 17 Jul 2012 20:51:00 -0500

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"Good morning Andrew. As we previously discussed, I wanted to interview you because of your expertise in building sales teams. Lately, so many of my business clients have been asking me how to go about building sales teams. It isn't easy to generate revenue in these tough economic times. But to start, please tell me a little about you and Synergy."

Thank you Pat for inviting me to discuss with you how to successfully build and scale sales today. While this sounds like a discipline, skill set and initiative that many have and can implement, what you may not know is that many sales pros, former superstar managers and sales people alike are failing today. Failing more than ever in history! However, before I tell you why, and what to do about it, I should probably answer your question and tell you a little bit about Synergy.

The Synergy model provides integrated and immersed third-party marketing and sales leadership (or co-leadership with existing marketing and sales leadership already in place) the ability, know-how, tools and accountability to scale their sales and create what we call the Culture Of Conversion. Our collective experience includes building some of the largest commission-only sales forces in America for the likes of American Express (a 40,000 person sales team), GE, and Cigna down to small start-ups.

"You bring up a good point. Veteran sales teams and superstar salespeople are failing for the first time. I should have opened by saying some of my clients are looking to build sales teams for the first time, and some are looking to rebuild them. What used to generate sales isn't working any longer. Something drastic has to be done. Old sales methods aren't working.

So, now I have three questions. First, is the bad economy really the sole cause of plunging commercial sales? If not, what else contributes to this problem? Second, do you really offer a new sales method that works? How does it replace old methods? You say Synergy creates a 'Culture of Conversion' by using 'integrated' and 'immersed' sales and marketing leadership. What does this mean and how does it work to create sales? Third, how does your method tie into building or rebuilding a company's sales team?"

Let me answer your questions one at a time Pat.

Your First Question... "Is the bad economy really the sole cause of plunging commercial sales? If not, what else contributes to this problem?"

The languishing economy absolutely is having a deleterious affect on sales, sales systems, sales processes and sales people. Results are plainly hard to come by these days. However, what we have learned is that the economy is not the only reason why results are hard to come by, as I said.

What we found Pat is the INTERNET is the other reason for suffering sales. Let me explain.

Here’s what I mean, but first a little background… Wasn’t there such a thing as the Baby Boomer

Generation – a 15 year or so time period (post World War II) of peace and prosperity that resulted in a national population explosion? Wasn’t there also Generation X? Well, do you know what I call today’s generation? Generation ME.

In the age of Facebook, LinkedIn, Twitter and a myriad of other social media platforms, everyone is communicating their world – a great article they read, video they saw, how they are feeling, thinking that day, what they want, wish for, and need to have. Just read a post, any post, even this one, and you will see that everybody has something to say. The thoughts and implications of this, from the readers perspective is:

I am on information overload – reading all my friends, family and interest related posts, I am connected all the time and therefore have an increasing personal disconnection with many in my life,
I give you much less of my time; profoundly less,
I can quickly, effortlessly change my direction and what I want to read and experience next,
I seek instant gratification,
I can keep you at a distance and even completely ignore you without confrontation if I so choose,
I can focus on me and what I like and am trying to accomplish the most,
I don’t have to call you, or even text you, I can comment on your post and keep things at a comfortable distance,
I love distance; that is until I am ready to invest my time and call you, call you back, or make our communication more personal.

Well, when we incorporate some of Generation Me’s limited time, focus, attention, and decreased personalization, into today’s sales process and cycle, it goes something like this: I can check you out, your product or service, your company, their reviews, compare and contrast, consider other prices, and I can make a decision when I darn well please. So, what this means is that Everything Online Matters and the messaging in that online presence is almost everything. As the brilliant Seth Godin espouses (one of the marketing geniuses of our generation):

“The goal of a marketer ought to be to make it so easy to be a salesperson, you’re merely an inviter. The new marketing is largely about this–creating a scenario where you don’t even need salespeople. (Until you do.)”

Well, if everything online matters then why is almost every website that you see (and that a sales person is referring the prospective customers to) goes something like this...

<<With tabs on the top and menu driven/fairly organized>> Here is what we do. Here is everything about what we do. Here are all the cool things about what we do. Here is what makes us different in what we do. Here is how we do what we do. Here are all the neat examples in how we do what we do. Here are our people, our case studies, and whitepapers. Perhaps there is a video that speaks about this. Lastly, here is contact information.

So, would you agree that this communication style (and organization structure) represents about 95% of all websites (and collateral) on the internet? If so, then you are admitting that every website is about me. I don’t mean me personally. I mean me, meaning the company themselves. Well, isn’t the first thing we learn in Sales 101 is that Telling Is Not Selling?

So then let me ask you, why is almost every website and collateral piece telling? Answer, because that is what most marketing professionals of the world have not yet learned (those that don't understand conversion based marketing). It has to be all about THEM. What is in it for them – your prospective customer/client. What they want to hear. How what you do will change their lives for the better. Make their pain go away. How you understand their pain because your are them.

Wow, your answer sheds light on why sales teams with historic success are failing today, and in many cases for the first time. They are still using old methods that worked fine with the Baby Boomers. Generation ME is here now, so get with the program! If you aren't on the same page with this new worldwide customer base, your sales will continue to suffer, or they will never take off.

Generation ME is an Internet and social media driven new order. If you don't use the Internet and social media the way they do, your sales will reflect it.

Just to make sure we are on the same page, Andrew, you don't see the down economy as the real problem. You don't see the particular people we have on our sales teams as the cause of suffering revenues either. The solution to our poor sales isn't necessarily found in who we put on our new sales teams. It isn't about replacing our old sales people with new and fresh people. In most cases, such remedies won't solve anything. Instead, as a first step, we have to get the Internet and social media right.

The problem lies in how we are selling, not in who is doing the selling. Get with the program, use the right tools, and use them correctly.

Alright, now I think I've got it. To increase sales, the first step is to change our approach to sales altogether. We have to attract and entertain Generation ME. They are a new species.

Andrew, you've generally answered the question:

"How do we sell to Generation ME?"

You have to use the Internet to invite and attract this customer base through subtle, laconic means, all while making it "all about them." Old school web sites don't work because they are all about you and not them. You can't stop at your web site either. You have to use social media.

I am hungry for some detail.

Let's assume I have a web site that's all about me and not about my Generation ME audience. Let's also assume I have a smart sales team that is clearly failing because we are still using Baby Boomer methods. Our bookings and the last few years' financials are clear proof we have to take drastic action.

What exactly do we do? How do we change our web site? How do we use the Internet and social media to get our team making sales to Generation ME? Does our sales team still need more than the Internet and social media? If so, what is it? Don't we still want face to face meetings and direct correspondence? If so, how do we do these things differently? Also, how do we tie these things into social media and the Internet?

Wow! You have asked me a few questions that I would ordinarily answer with many other questions. However, for the purposes of this exercise, let's first focus on your website and let's pretend...

a. you have engaged an SEO firm or individual to increase your Google ranking and site traffic,

b. you are getting MANY site visitors and click through's, but most are not picking up the phone, engaging, inquiring further, and by no means purchasing anything! (This by the way is more the norm and very often the case.).

First let me say, if this is you, that is Great News! How could this possibly be great news ? It is great because a VERY difficult part of your marketing/sales is already done… you are bringing the horses to water. All that anyone who understands ME GENERATION CONVERSION has to do now is to make them drink – which in my professional opinion is sometimes much easier than bringing the horses in the first place. The trick is, how do we make them FEEL thirsty?

These 7 Steps To Conversion should help!

1. Find Your Tribe The days of marketing to the masses are over (well, for the majority of us that is). To successfully market and sell your product/service you need to get Hyper-specific. So, let me share with you an example of what I mean…We have a particular client that offers (manufactures and sells) custom Radiant Heating Systems - www.thermaray.com. Now we can choose to market this to the masses (from the home-owner to the office building developer) or we can try to find our tribe and be the leader of it (in that category at least). So, with this in mind, what if we decided to market/sell to specifically Mechanical/Electrical/Plumbing (MEP) Engineers? What if we narrowed it down further and found those MEP engineers that are affiliated with firms that cater mostly the retail (fast food) industry? These are businesses and decision-makers who could really benefit from knowing more about this technology and possible saving LOTS of money - never mind the environmental benefits? We could possibly even make those MEP engineers look like super-hero's to their retail (fast food) developing clients? Right?

2. Speak Their (That Tribe’s) Language Now that we found our tribe (MEP engineers and VPs of construction for national, fast food retail chains), we need to learn how these people talk? What do they want to hear? What are the words and phrases they use? What are the critical understandings? What are their common, everyday challenges? What is a typical day like? What solution(s) would help with these everyday challenges or even give them a leg up on their competition? In doing this, we make sure we speak their language, make it all about them (see below) and how we are going to transform them/their company/their industry in a new direction.

3. Make It About Them (Not You or Your Business!) Probably the one thing that frustrates me the most in looking at the majority of websites today is that they are not written and designed to create conversion (getting someone to buy or at least pick up the phone). Isn’t this the objective of almost every website – to generate interest in the form of leads for salespeople? If we know that Telling Is Not Selling then how are we going to communicate in a way that makes it about all about THEM? What are we going to say that resonates with them?

So in review... remember to find your tribe, speak their language and make it about them. If you can do this, you are halfway home.

4. Discover and Communicate Your Why (Be Their Leader) People don’t buy what you do, they buy why you do it. Or, in context with our tribal conversation… tribe members won’t follow you because of what you do but because of WHY you do it. Watch this TED talk by Simon Sinek <—-this is a hot-link so click it. If this doesn’t resonate with you then someone please check me in to psych ward!

5. Get Them Out Of Their Head And In Their Heart If it is your goal to generate leads and/or relationships from your website (or any promotion for that matter; and why wouldn’t it be?), then make sure all your energies are focused on your tribe’s feelings. Again, in context… speak to your tribe as if they are you and your are them. How would your tribe feel if you can bring them more money, save their time, increase their sales, find them more followers, make some of their problem go away, etc. Speak to them in a way that moves them – emotionally!

6. Keep Your Why Short Before you lose them emotionally, end it. Get them while they are out of their head and in their heart.

7. Have A Compelling Call To Action So many professional service providers (engineers, accountants, lawyers, technology folks) say nothing at all. They communicate what they do, perhaps even their unique value proposition (what makes them different) and then think the rest (their reputation, resume, or portfolio) is enough. And for a select 1 to 5 percent that may be true however, for the remaining majority, that is clearly not enough.

My mother always told me, “Andrew, if you don’t ask then then you don’t get.” Well mom, you were right (about so many things by the way). So, please don’t be too prideful (whomever you are) and ASK! And trust me, if you do a great job on steps 1 through 6, they will come… willingly and gladly. For more on how to compose a great call to action click HERE.

If you Mr. Business Owner can somehow accomplish this, NOW... the question that remains is, what do we do to leverage this from a sales perspective. Now that we've re-empowered the sales person, how do we scale this?

Andrew Kolikoff
LinkedIn
480-269-2759
andrew.kolikoff@synergysm.com

Getting Started with Employee Benefits in California

Mon, 16 Jul 2012 12:56:00 -0500

DISCLAIMER: THIS CONTENT IS FROM WWW.PATDICKSON.COM AND OWNED BY PAT DICKSON.

ANY REPRODUCTION OF THIS CONTENT ON ANY OTHER WEBSITE IS PROHIBITED AND A VIOLATION OF COPYRIGHT LAWS. PLEASE GO TO WWW.PATDICKSON.COM TO VIEW THIS CONTENT.

"Robin, thanks for taking some time to discuss how new companies in California get started with employee benefits. But first, please tell me a little bit about you and your company. What is your expertise and experience and what types of employee benefits do you offer California businesses?"

Thanks Pat. I have an independent consulting practice working with small and medium-size businesses in California. I’ve been an employee benefits consultant for over a dozen years, and during the last five years I’ve become known as an expert in California and Federal healthcare compliance (e.g. COBRA, ERISA and PPACA) and employee wellness programs.

Over the years I’ve worked with all types and sizes of businesses from manufacturing to lawyers to technology. In the last year I have worked mostly with startups, non-profits, and existing small businesses that want to spin out from a professional employer organization (PEO) or a parent company. It's been great seeing these small businesses grow.

Here’s where I come in. I help them establish their California employee benefits program. Usually it will start with just medical coverage, because this is the one benefit you don't want to trust employees to go purchase on their own - and sometimes they have a pre-existing medical condition which prevents them from being able to buy on their own. Beyond that, I assist my clients with purchasing dental, vision, life and disability benefits. I also have great partners for 401k and Worker’s Comp, and even commercial auto, property and casualty, business loss, and umbrella insurance.

I evaluate the various top insurers in the marketplace, and will recommend my top two or three picks based on the client’s budget and population. Currently I'm very excited about a new insurer in California called SeeChange, because their medical plans will reward you with lower out of pocket costs if you take “healthy actions” like get an annual health exam. SeeChange’s rates are very competitive and the network is stable.

In addition to helping a client evaluate the California insurance marketplace, I also I assist with contracting, getting employees enrolled in benefits programs, helping with any ad hoc issues that come up during the year. And at renewal, I help them not only evaluate their rates and see if there are better options, but see if there's anything else we could do to help their employees understand their benefits and take better advantage of the health insurance resources that they already have.

What many small employers don’t realize is that California regulates the small group health insurance market, so every broker will get you the same price. It’s the service that this broker brings that earns them their monthly commission (yes, monthly, whether they talk to you or not). So even if the group already has benefits and doesn’t want to change them, they can always change their broker if they want better service.

"The big question is where does a new company start with employee benefits? Let's assume I'm a business owner and I've been a sole owner operator, but business has grown really fast. I need to start hiring people. For the first time I'll have a payroll. Help! What do I do? At a minimum, I want to do what I must to avoid breaking the law."

Congratulations!

California does not mandate that employers give health insurance to their employees. The exception to this is for San Francisco employers, where there is a ‘play or pay’ type mandate called the Health Care Security Ordinance. In 2014 we will have a state health exchange but the penalties for employees obtaining insurance through the California State health benefits exchange will only impact large employers – at least at first.

Here is your California Employee Benefits “Must Do” action plan:

Find a solid payroll provider. There are many lower cost providers these days, don’t assume your bank or bookkeeping software is the best choice. They often will charge you lots of transaction fees, have very little service, or have other hidden expenses. I have preferred pricing with Compupay for my clients.
Provide worker’s compensation coverage. This can be purchased through the California State Fund, but a good agent (like my friend David Forsyth) can often get you a far better rate.
Contribute to State Disability Insurance (SDI). This is done through payroll deductions. When selecting your payroll partner, ask them if they'll handle this calculation and remittance for you.

This is really all you have to do. But let’s say you are a competitive employer and you want to give health insurance to employees. You'd rather have the peace of mind knowing that they can get quality care in case they get sick or injured, they won't have to face medical bankruptcy because something happened to them- which is the #1 cause of personal bankruptcy.

Our next California Employee Benefit steps are to:

Evaluate the cost/benefit of providing a comprehensive benefits package. We can look at all of the pieces, and then decide if we just start with medical now and add the other pieces as the business grows.
Determine your philosophy around providing benefits. Is it free? Do you require employees to contribute? Do you want to start out with an employee health and wellness philosophy?

The California Department of Insurance regulates the small group market. This regulation does generally make group insurance more expensive than individual policies if you are healthy, but provides many more protections such as Guarantee Issue (GI), non-cancellable, premium increase caps, and CalCOBRA. The most recent regulations mandated coverage for behavioral therapy for autism.

Companies can only obtain “GI” insurance once the business has employed between 2-50 full-time eligible employees for at least 50% of the previous calendar quarter. Each carrier varies a bit on how they define this, but generally it is 6 weeks of payroll. Some require payroll and others will accept a letter from the employer's attorney or CPA stating that they've been in business for certain period of time (for example if they are all owners and no one is on payroll yet) and a copy of the business license. If the owners aren’t on payroll, then the ownership paperwork needs to be for natural persons (not the NV holding company you set up to avoid state income taxes).

Once an employer does provide health insurance and other benefits, they do become subject to federal ERISA and IRS laws. While these sounds cumbersome, I work closely with my clients to make sure that they have appropriate plan documents, and that their employees and dependents are receiving the legal notices that they should be getting.

Contact Information

Robin van Vliet

robin@vvwins.com

415.758.2653

www.vvwins.com

Is it Wrong to Default on My Mortgage?

Fri, 13 Jul 2012 06:44:00 -0500

DISCLAIMER: THIS CONTENT IS FROM WWW.PATDICKSON.COM AND OWNED BY PAT DICKSON.

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My answer is no. It is not wrong to default on your mortgage.

Let me clarify. First, this is my opinion. Many disagree with me. Second, in my opinion, there are consequences to defaulting on a mortgage, but there is no right or wrong about it. Why? Because the option of mortgage default was, and always has been, part of your original loan agreement with your lender.

Mortgage default is nothing more than a fair and reasonable choice you and your bank have always agreed was available to you.

Let me explain. When you shook hands with your banker, and signed on the dotted line for your home loan, there was a mutual agreement that you had the option of not making your payments. Per your contract, you were allowed to default on your mortgage, and as a result, your banker had a right to take your home away from you. If you didn't make your payments, you faced foreclosure and you lost your house. Simple as that!

See? A mortgage is just a contract with two choices for you to make. You can make your payments, and one day the house will be yours. If you don't make your payments, the bank forecloses on you and you lose your house to the bank.

But aren't you still really ripping off the bank? No.

When the bank originally loaned you the money for your home, you both agreed that your home was adequate collateral (in some but not all cases, but for the sake of simplicity, let's assume you are in a jurisdiction where the bank can only take your house away and can't sue you for more). The bank was essentially taking a risk that if you defaulted, it could foreclose on you and its loan would be paid in full via the sales proceeds.

But isn't it unfair to the bank if you default and your house isn't worth as much as the outstanding balance of your loan? No.

You and the bank both took a calculated financial risk your home might drop in value, so if you defaulted, the bank might lose money. The bank even charged you for this risk. Remember, your mortgage payment includes interest. The interest you pay the bank pays for your legal and ethical right to default on your mortgage. When you bought your house, you and the bank agreed that in return for your giving the bank your home as collateral, and paying interest, you had the contractual right to default. You paid for this right! The interest you paid gave you this right! Default and foreclosure is all part of a fair and ethical agreement you had with your bank all along.

Think of it this way. Assume you buy a house for $120,000 and take out a loan for $100,000. Your monthly payments are $1000. You pay $1000 per month for 10 years on a 30 year loan, and then you default. The bank forecloses on you, sells your house for only $50,000, and keeps all the money. Then the bank sends you a letter saying the bank lost $30,000. Hold on a minute! Don't shed any tears for the bank. You already paid the bank $120,000 over the last 10 years. Then the bank sold your house for $50,000 and even kept that money! Enough is enough.

Let's do the math: you already paid the bank $120,000. Then, according to your mutual agreement, the bank forecloses on you and gets another $50,000. That's a total of $170,000 that's gone into the bank's pocket over 10 years for a $100,000 loan. The bank made $70,000. It didn't lose $30,000. The bank simply didn't make as much as it could have made had default not occurred. And, you have nothing to show for the the $120,000 you paid over the last 10 years. You don't have a house any more. But, your original agreement with the bank covered this situation.

You aren't a bad person for defaulting. You did nothing wrong. You were in the right! By paying the bank interest for 10 years, you paid for the legal and moral right to default.

So, that's my argument mortgage default is not wrong. It is a moral and ethical right you fairly negotiated with your bank from the beginning. You agreed that in return for paying the bank interest, should you ever default, the bank could take your house from you. It could foreclose and keep as much money as needed to cover the remaining balance on your loan. If the bank ended up short, too bad. That was all part of the bank's originally and fairly negotiated agreement with you. You paid the bank for the calculated risk it took. That's what the interest you were paying was all about.

With all this said, I'm not advocating foreclosure.

I'm just saying mortgage default it is your legal, fair, originally calculated, and mutually agreed contractual right.

Do not forget! There are many consequences to foreclosure and default that must be considered. Your credit history can be trashed, you will lose your house, and there are often many other financial and social consequences. So, always talk to a lawyer before you decide on default and foreclosure. There are many other options like short sales, renegotiating your loan terms with your bank, and seeking government assistance. You may even consider homestead and bankruptcy options.

Playing Lumosity Really Makes You Smarter!

Thu, 12 Jul 2012 08:52:00 -0500

DISCLAIMER: THIS CONTENT IS FROM WWW.PATDICKSON.COM AND OWNED BY PAT DICKSON.

ANY REPRODUCTION OF THIS CONTENT ON ANY OTHER WEBSITE IS PROHIBITED AND A VIOLATION OF COPYRIGHT LAWS. PLEASE GO TO WWW.PATDICKSON.COM TO VIEW THIS CONTENT.

I have to boast. I finally hit the 99th percentile in Lumosity.

"Congratulations Pat!"

However, I offer myself this praise with a caveat. Sometimes we do have to praise ourselves, but we have to watch out, else our self-inflicted increase in our feelings of self worth, via unsolicited boasting, might cause our hubris to take a turn for the worst. Then we might really find ourselves in a situation where our only elevations in esteem are derived from internal sources. This can lead to disaster when we begin to wrestle with self-doubt, for we've become our only source of praise and affirmation.

What did I just say? Heck, I'm not sure, but did it sound smart? After all, I am so giddy over my accomplishment I'm overdoing the gloating and may be off focus.

Nevertheless, I believe I deserve to gloat over my having achieved the 99th percentile in Lumosity. It wasn't easy getting here. I've been diligently playing Lumosity's brain games for about six months. Slowly I've been fighting to increase my score by playing at least twenty minutes most mornings.

By the way, because seeing is believing, here is my screenshot:

Ok! You got me! I'm 99% for my age group. So who knows where I'd really rank among today's sharp minded youth! That perhaps is a topic for another blog, which I dare not delve into at the moment. And no! This is not a Photoshop job!

I'm really writing this article to tell you that Lumosity really works. The company didn't pay me to write this article. They don't even know who I am, other than having me on their subscription list. Or perhaps I'm on a report somewhere - like of users with the most logged in time. With this said, Lumosity is worth, and has been more than worth, the $76 subscription fee I paid for my one year membership.

Without getting into the details of the Lumosity games I've been playing, I'll give you a few anecdotal examples of how my brain has been working better than before. Because the only thing I've really been doing differently is playing Lumosity, I believe Lumosity really has made me smarter, quicker, more aware of my surroundings and sequences of events, and it has improved my memory.

1. I remember names and faces better than ever. I really only have to be introduced once now. I credit the Lumosity game where I play a waiter taking orders from restaurant customers with this improvement.

2. My directional dyslexia isn't as bad as it once was. I'm terrible at finding my way around, especially when driving city streets that aren't grid based. Lumosity has cured a bit of this disadvantage. I've been playing a number of games that require memory combined with attention to the order of events.

3. I'm mentally sharper and process information faster. I'm better at doing mathematical calculations in my head and words don't get stuck on the tip of my tongue so much any more. I believe the Raindrops game has helped with the math. There are several timed word games which help with vocabulary and word usage.

Give Lumosity a try and see if your experience is the same as mine. I think you can still sign up for a free trial.

What is Obamacare, Really?

Wed, 11 Jul 2012 07:34:00 -0500

DISCLAIMER: THIS CONTENT IS FROM WWW.PATDICKSON.COM AND OWNED BY PAT DICKSON.

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I don't know what Obamacare really is, what it does, how much it costs, if it can really work, or even if absent expense and feasibility considerations it promotes any social good.

Why am I so benighted?

I'm a very busy guy. I wake up at 4:00am to get my day started. I check my email for overnight client emergencies, write 1000 words towards my next novel, play Lumosity games, read 20 pages in the next unfinished book on my list, go to the gym, and then I spend the rest of my daylight drafting contracts, responding to discovery requests, preparing financial statements...

Oh, and don't forget: I write in this blog! Not every day, but I try.

So, just like you, by the end of the day, I'm spent. I don't have the energy or motivation to seek out or discover anything, let alone ask the really big question:

"What is Obamacare?"

By the time the sun is setting, I'm too tired to do anything more than plop down into my easy chair and flip back and forth between the two tabloid news channels. CNN, FOX, CNN, FOX, CNN, FOX.

Sadly, neither of these hallowed news channels (I believe CNN is secularly sacred to the Democrats and FOX is where the Republicans find divine guidance) have ever really told me anything substantial about Obamacare. What is it? Where is it written? How much does it cost? Who benefits from Obamacare and who is hurt by it? How? How, exactly?

I try to listen. Maybe I'll learn something?

Nay! Never such luck. Instead of being spoon-fed the knowledge I really desire, I swallow disappointment. I find myself hitting the "V" key on the television remote control because I get tired of so-called journalists incessantly yelling at one another over whether Obamacare is a good thing or a bad thing. Between the screaming and heated exchanges, it would be nice if just a few facts or objectivity were provided? Is this the fault of cable news being tied to commercial advertising? Perhaps this is a subject for another day!

"The sky is falling!" is all I hear.

"The country will collapse! It all depends on the results of the November Presidential Election!"

Is journalism not what journalism once was? Why do the skirts and blouses keep shrinking on the female news personalities? On mute I must say most of them look like supermodels.

Now that I have ranted, I've run out of time to get into the real Obamacare facts. I've wasted my entire news segment giving you nothing but my opinions without having first done any homework. I am a hypocrite. Perhaps I should send my resume to both CNN and FOX? Depending on which channel offered me the highest pay, I'd finally decide whether I was a Democrat or a Republican!

But do not fret! Before I go draft a contract or something, I'm going to give you one real fact about Obamacare. Obamacare is officially known as the Patient Protection and Affordable Care Act ("PPACA").

Maybe I'm a stodgy, old school lawyer, but in my opinion, I think the first step towards learning about Obamacare, and what it really is all about - my apologies, the PPACA - is to read the very text of the PPACA itself!

You can read it to! Just click the link above, and we'll both be doing some real homework!

How Can I Know the Truth?

Tue, 10 Jul 2012 08:41:00 -0500

DISCLAIMER: THIS CONTENT IS FROM WWW.PATDICKSON.COM AND OWNED BY PAT DICKSON.

ANY REPRODUCTION OF THIS CONTENT ON ANY OTHER WEBSITE IS PROHIBITED AND A VIOLATION OF COPYRIGHT LAWS. PLEASE GO TO WWW.PATDICKSON.COM TO VIEW THIS CONTENT.

How can you or I know the truth?

This is pretty much one of life's fundamental, core questions, isn't it? Philosophers, historians, seekers, doctors, scientists, discoverers, adventurers, lawyers, priests, rabbis, judges, teachers, students, the religiously fervent, and many others, have been asking and pondering this big question since long before our father's fathers were born.

"What is the truth?"

I'll give you my answer. Then I'll disclose the three steps I take when seeking, never finding, but always getting closer to that which we wish we could know with absolute certainty.

We cannot know the truth. We can only get closer, and closer, and closer to it.

Perhaps I am wrong, but even if I'm wrong, I benefit from leaving open the possibility I can always change my mind after further discovery and seeking, right? Can't I always be wrong? Should I ever take the position I know anything with certainty, I'm essentially saying I am no longer willing to listen and learn. I'm not going to get into the metaphysics of this concept. Aristotle ended up with the Unmoved Mover and Plato a very abstracted reality. The list goes on, and on, and on.

I dare not assume I have some intellectual advantage or power of discernment the great philosophers did not or do not possess. I have my limits. In recognizing my limits, I must have the humility to accept that I lack the faculty to ever be able to figure anything out 100%. I can only get closer, and closer, and closer to, "the truth." And even if I am wrong, in part or in whole, so what? I lose nothing. By doing so, I am leaving myself open for correcting this error!

Let's even assume the "truth" of philosophy or of religion can be known. We will not open this door. Reflections on such matters are far above my qualifications. Nevertheless, there is still a lot out there we can seek within the mundane. Within this worldly realm I offer that, in my anecdotal experience, I have benefited from keeping my mind open - in seeking the truth - when confronted by day-to-day challenges.

Letting absolute knowledge of the truth evade us is to our advantage when dealing with legal cases, business problems, or even when trying to figure out which politician is lying, if not both of them. To not yet know is to concede we must continue learning. To claim the truth has been found can limit us, surprise us, and embarrass us. New facts which can slap us right in the face are always around the corner. To not yet know is to be able to confront new facts and to welcome them when they arrive. To know is to risk being thrown into the despair of denial, rationalization, and dissonance.

My apologies for being so vague herein, but I don't want us to get bogged down in examples from modern politics, legal cases, or criticisms involving our current society. Involving such things creates a risk we will be detracted, or distracted, from our possibly becoming more adept seekers of the truth, whichever way it has run. Wherever she is hiding.

Now with all this said, I give you my three simple steps for trying to capture, but never capturing, the truth:

1. Empty your mind and heart of any passion, prejudice, preconceived notion, emotion, fear, worry, or self interest.

2. Ask the question over and over again. Meditate on it. How would others ask it? Why would others even ask the question? What do all the possible "truth" seekers risk gaining or losing, depending on which "truth" is discovered, or accepted?

3. Simply ask who, what, when, why, and where? Who saw it? Who heard it? What was said? What was witnessed? Where is it recorded? What is the history of the matter? Where is its future? Never come to a conclusion, but always edge closer, and closer, to the truth.

Keep repeating these three steps.

Pat Dickson - Latest Blog Entries

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Should you ever sign a Personal Guaranty? No!

Beware, somewhere in the vendor's paperwork is a personal guaranty! Don't sign it!

Look closely - the sneaky Personal Guaranty is in there somewhere!

What do you do when you find the Personal Guaranty? Destroy it. Cross it out!

Caveat, sometimes you just have to sign a personal guaranty

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So how will the Jobs Act really help small businesses sell stock?

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A few places to apply for Disadvantaged Business Certification:

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What is the Stand on the Scales and Lose Weight Diet?

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Arizona Homestead: A Home Safe from Creditors

The Arizona Homestead Exemption protects you if you've never filed a Homestead Declaration and Claim with the County Recorder!

Caveat, even with Arizona Homestead Protection, you aren't safe from:

It's Not YOU or Your Sales Team; It's About Generation ME

What we found Pat is the INTERNET is the other reason for suffering sales. Let me explain.

The problem lies in how we are selling, not in who is doing the selling. Get with the program, use the right tools, and use them correctly.

These 7 Steps To Conversion should help!

Getting Started with Employee Benefits in California

Here is your California Employee Benefits “Must Do” action plan:

Our next California Employee Benefit steps are to:

Is it Wrong to Default on My Mortgage?

But aren't you still really ripping off the bank? No.

But isn't it unfair to the bank if you default and your house isn't worth as much as the outstanding balance of your loan? No.

I'm just saying mortgage default it is your legal, fair, originally calculated, and mutually agreed contractual right.

Playing Lumosity Really Makes You Smarter!

What is Obamacare, Really?

How Can I Know the Truth?

Should you ever sign a
Personal Guaranty? No!

Beware, somewhere in the vendor's paperwork is a personal guaranty!
Don't sign it!

Look closely - the sneaky
Personal Guaranty is in there somewhere!

What do you do when you find the Personal Guaranty?
Destroy it. Cross it out!

Powerful Computer Resources
Without An IT Department