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You have been sued, now what? Free Offer, Networking and Links- attorney advertising

WILL YOU PLEASE HELP ME ADD BUSINESS OWNERS TO MY DISTRIBUTION LIST?
 
I use my e-mail list to circulate my weekly newsletter and to offer original legal articles, networking events, book recommendations and interesting links.  Naturally, I want to reach as many business owners as possible.  I'd be grateful if you'd send me names and e-mail addresses of business owners I can add to my list, with their permission, of course.
 
Free Bribe:  If you send me 5 or more business owners' names and e-mail addresses, I will send you a free one year subscription to Entrepreneur magazine. 
 
I appreciate your help.  Thanks very much!

-Fred

Article of the Week:  You are sitting in your office on the busiest day of the year, and just when you think nothing else could go wrong , a person walks in and utters the fateful words "You've been served", while handing you a stack of papers.   You have just been sued.  What is the best course of action you can take, and how can you protect yourself as well as your business?  Read my article below to understand the who, what, when , where , why and how of being sued. 

Networking:  The calendar for July is very light. The Manhattan Chamber of Commerce has an event on July 15, 2008 at Sterling National Bank in Manhattan.  Follow this link for more information.  Please pass along any business networking events of interest.

Links: 

As a regular reader of this newsletter, you may notice that I provide a business book reading list. This week, I highly recommend that you read Good to Great by Jim Collins.  It is a business book classic.

The "Long Tail" made a splash arguing that the Internet, with its expansive shelf space, would mean a smaller role for blockbusters and a bigger role for also rans. Now, a Harvard professor has published a study suggesting the web is only cementing a small number of culture favorites.  What does Chris Anderson have to say about this? more...>

Accidents often lead to more innovation.  How do you create more accidents? more...>

You Just Got Sued, Now What?

You are sitting in your office on the busiest day of the year, and just when you think nothing else could go wrong , a person walks in and utters the fateful words "You've been served", while handing you a stack of papers.   You have just been sued.  What is the best course of action you can take, and how can you protect yourself as well as your business?  Read my article below to understand the who, what, when , where , why and how of being sued.  

Who?

Read the papers that are given to you to find out the party that is suing you.  Is it a corporation, a partnership, or an individual?  Are they a customer or a supplier of your business? Who is the lawyer representing the party that is suing you?  This information will help your attorney obtain a more favorable result for you by researching the other party and its counsel. (Do they settle often?  Are they a big company?  What are their financial resources?  Do they have a reputation to maintain and therefore may want to settle quickly?).  

What?

What exactly are you being sued about?  Is it a non-payment claim, or a non-performance claim?  Those are many reasons why a business may be sued.

When?

Timing is critical in a lawsuit.  Responses must be filed within a set period, which in New York is  usually within 30 days.  While an extension can be granted, don't wait until the last minute to contact your attorney.  It takes time to prepare an appropriate answer to the papers.  If you do not respond in a timely fashion, you will be considered in default, and a judgment may be taken against you.  This means you may lose the case without the opportunity to provide a defense.

Also, don't assume you are judgment proof, because judgments can be collected from future earnings as well as assets.  In addition, do not assume that your insurance covers everything, although it may be wise to notify your insurance carrier as well as your attorney.    

Where?

What court are you being sued in?   What county?  State or Federal Court? You may be sued in a state far away if, for instance, you have done business in that state.  In that case, your New York attorney will have to obtain local counsel for you in the other state, and this takes time.   

Why?

Why did the party resort to a lawsuit?  Is it something you can fix by having your attorney talk to the other side and negotiate a settlement?  Is there a running animosity between your company and the other party, in which case settlement will be difficult?  Do you need to file a counterclaim against the other party?  

How?  

Immediately notify and supply the lawsuit papers to your attorney.  Make sure you retain a photocopy for yourself.  Inform your attorney of all the facts relevant to the case.  Your attorney will decide what is important and what is not.  
Organize your documents pertaining to the case so that you can minimize the time the attorney must spend going through them.  This will save your attorney 's time, and therefore save you legal fees.  Do not talk to the other party's attorney.  He works for the other party, just as your attorney works for you.  Let your attorney do this for you.  In addition, remember that in law, just as in any profession or business, there are rules and procedures  your attorney knows and you may not.  To stay out of trouble, leave the legal work to your attorney.  

A trial can take several years in New York, including preparation time.  Therefore, it may be in your best interest in certain cases to settle.  However, be realistic in your settlement expectations.  

Conclusion

Having an ongoing attorney-client relationship will help protect you in the event of a lawsuit.  The more your attorney knows about your business, the better the attorney will be able to help you.  In addition, discussing business options and problems with your attorney ahead of time could help prevent a lawsuit from ever starting.  Either way, it will save you money in the long run.  

Please be advised that the above is for informational purposes only. If you have a legal problem, please consult our law office at 212-233-0666.

Arbitration Clause Basics, Free Offer, Networking and Links

I use my e-mail list to circulate my weekly newsletter and to offer original legal articles, networking events, book recommendations and interesting links.  Naturally, I want to reach as many business owners as possible.  I'd be grateful if you'd send me names and e-mail addresses of business owners I can add to my list, with their permission, of course.
 
Free Bribe:  If you send me 5 or more business owners' names and e-mail addresses, I will send you a free one year subscription to Entrepreneur magazine. 
 
I appreciate your help.  Thanks very much!

-Fred

Article of the Week:  Arbitration Clause Basics by Zachary Helprin. Zach has recently starting working for my office as a law clerk. See his article below. Let us know what you think.

Networking:  The calendar for the end of June is very light. ReachoutUSA is hosting a free event on June 26, 2008 at Tavern on the Green in Manhattan.  Follow this link for more information.

Fundraiser of the Week:   Condomcents, a client of this office, is holding a fundraiser on June 26, 2008.  Follow this link for more information.

Links: 

Looking to nail your networking introduction?  Follow this link to find out how.

Would you like to explore your passions online? Try www.Alltop.com

If you are a business owner and want to protect yourself against expensive and reputation damaging lawsuits, then inserting an arbitration clause into your contracts may be worth considering. 
 
What is Arbitration?
 
Arbitration is a method to resolve your disputes without going through the time consuming and costly burden of litigation.  An arbitrator doesn't need any certification, but usually he or she is someone with expertise in the field of dispute.  Generally, decisions made in arbitration are binding just like court judgments, unless the arbitration clause in the contract says otherwise.  In addition, there is very limited appeal of these decisions.  You must prove bias or something else very extraordinary in the process.  In arbitration both sides sit down before a neutral arbitrator and present their side of the case.  The arbitrator then makes the decision.
 
What are the Different Kinds of Arbitration Clauses?
 
There are five types of arbitration clauses to look for in your contract.  There is High-Low Arbitration where the parties agree in advance to the limits of the award at both ends.  There is Baseball Arbitration, where each party selects one number to settle and the arbitrator must choose only one of those numbers.  This is named after Major League Baseball Arbitration.  The third kind is Night Baseball Arbitration where the parties each choose a number, but the arbitrator doesn't know it.  Then the arbitrator makes a decision and the parties choose the figure they chose themselves closest to the arbitrator's decision.  All three of these are binding arbitration.  In Non-Binding and Mandatory Arbitration, the decision of the arbitrator can be appealed to the courts.
 
Where is Arbitration Commonly Used?
 
Arbitration clauses are inserted in Securities Agreement with your broker, in Employment Agreements, and in many commercial and consumer contracts.  Be on the lookout for them when signing an agreement.
 
What some the Advantages and Disadvantages of Arbitration?
 
Arbitration is usually faster and cheaper than litigation.  In addition, the proceedings and the award are most often not open to the public.  However, since large companies usually use the same arbitrators there could be a psychological factor in their favor with the arbitrator.  Further, there are very few acceptable reasons for appeal of arbitration decisions and you are giving up your right to utilize the court system in most cases. 
 
You know best your own business and consumer needs.  When signing a contract, check to see if there is an arbitration clause, what kind, and if you really want one in the contract. 
 
For more information about arbitration, feel free to contact our law office.

Collecting money from out of business companies, networking, referrals, social networking and more

Referrals:  My number one source in obtaining new business is through referrals.  John Jantsch writing in the June 2008 issue of Entrepreneur posts his thoughts on referrals here...>

More on Social Networking:    here is a short list posted in Tuesday June 17, 2008 Wall Street Journal of social networking sites for entrepreneurs:

*  Clubenetwork.com

*  Vator.tv

*  Entrepreneur.meetup.com

*  Partnerup.com

Upcoming Networking Events:  Networking for Professionals Speed Networking and StartupHappy - Seed Capital Happy Hour.  For more details, see listing below.

Green small business tip of the week:  Use web conferencing instead of traveling and encourage employees to turn off electric equipment at night.  According to the Wall Street Journal, Sherwood Design Engineers Ltd. in San Francisco save $30,000 to $40,000 annually on travel costs.

How to collect money from companies that may no longer exist

Just because you entered into a valid contract with a company does not mean that your contract is secure.  According to Crain's New York Business, more companies are going out of business than ever before.  Many are doing so without any notice.  Bankruptcy filings alone have tripled in the last year.  You contact the company up one day, and they are gone.  Before you decide to pack it in and think there is no recourse, here are a few tips: 
 
1.   Determine the form of business ownership for the company.  If the business had been established as a sole proprietorship or partnership, the partners remain personally liable. As a result, you may commence a lawsuit against them personally.  If the business had been a corporation, to reach the personal assets of the owners, you have to "pierce the corporate veil." This legal cause of action allows you potentially obtain a judgment from the personal assets of the corporate owners. 

2.    For any credit card transactions, contact the credit card company and ask for a refund for any goods or services not rendered.  Usually, the credit card company limits the time in which a dispute must be made to 60-90 days from the date of the charge.  If you paid in cash, or check, you can file a claim in bankruptcy court, if the company has filed for bankruptcy.  However, this will be a lengthy process, and you may receive pennies on the dollar, if that much. 
 
3.   Look to the dissolved companies industry professional groups. A variety of organizations have plans requiring its members to reserve funds. 
 
4.   Read over your any business insurance policies regarding coverage for business losses.
           
5.    Search the status of any class action lawsuits.

6.    Contact the city, state, and federal government.  There are numerous regulatory agencies that may provide assistance in obtaining recovery for losses.

7.   Be aware that a company may dissolve and reorganize under another name to avoid debts. Under the "Alter Ego" doctrine, the courts may impose liability on the shareholders of the new company for the debts of the dissolved company.

Wed.  June 18, 2008
High Speed Networking™ 
Time: 6.30pm to 8.30pm
Place: Techspace
41 East 11th Street, 11th Floor, New York, NY. 10003 (Between Broadway and University Place.)
Includes: Wine & Cheese and other cold beverages.
Cost: In advance online: $25 NFP members, $35 non-members. At the door: $40
More info:  Networking for Professionals

Tuesday, June 24, 2008
StartupHappy - Seed Capital Happy Hour
Time: 6:00 PM - 8:00 PM (ET)
Place: Papillon  22 E 54th St
(between Madison & 5th Avenue)
New York, NY 10022
Cost:  In advance online: $10. At the door: $20
More info:  http://www.eventbrite.com/event/125000881

10 things you need to know before entering into a contract, Networking, Links

While litigation may sometimes be your only recourse, many times it is a result of signing a bad contract or not fully examining the contract you have signed.  See my post below for ten things to know before entering into a contract that can help protect your business and your assets.

Links:

Keith Ferrazzi on getting strong by getting vulnerable.

Seth Godin on Vivid Stories.

Domain infringement at an all time high...more>

Networking event for the week:  Maximizing Value from Your Business sponsored by the New York Enterprise Report. 

Quote of the week:  "Freedom is only part of the story and half the truth...That is why I recommend  that the Statue of Liberty on the East Coast be supplanted by a Statue of Responsibility on the West Coast"  -Victor E. Frankl, Man's Search for Meaning.

Have a great week!

Ten Things you must know before entering into a contract

While litigation may sometimes be your only recourse, many times it is a result of signing a bad contract or not fully examining the contract you have signed.  Here are ten things to know before entering into a contract that can help protect your business and your assets:

1.      Know the Other Party
Be sure that the business you are contracting with is registered to do business in the state in which you operate your business.  Should there be a problem later on, it will be much easier to institute a lawsuit as the states maintain addresses for service of process on registered corporations.  In addition, if the business is not properly registered in the state, there could be legal issues with your contract.  The business should also be licensed in the specific type of business it conducts, if this is required.

2.       Pricing Issues
If you are a buyer or a seller, know what you are paying or getting paid, when the money is due, how it is to be paid, where it is being paid to. 

3.      What is the Exact Product or Service
While this may seem obvious there are thousands of lawsuits on just this issue.  Be sure you and the other party are on the same page, literally and figuratively.

4.      Delivery of the Goods or Services
Specify exact time frames for delivery of the product or service and when payment is due in relation to this time frame.

5.      Condition of the Product or Service
Are the items new or used.  If used, how much.  If new, in original packaging or repackaged.  If a service contract, specify who will be doing the service and his or her credentials.

6.      Warranties
What are the guaranties on the product or service.  What period of time do they cover.  What is the procedure for repairing or replacing an item or correcting a service mistake. 

7.      Getting out of the Contract
While most contracts are made to avoid getting out of them, you can sometimes negotiate an "out" clause for poor performance or lack of proper delivery or other essential things.

8.      Renewal of the Contract
Is there an automatic renewal?  Is there any option to renew?

9.      Default
There are several ways to default on a contract. Two prevalent ways are non-payment and non-performance.  Non-payment can include not getting paid in full, on time or at all.  Non-performance can be not doing the job properly, in full, or not how you expected it to be done.  All of these can be combated with remedies in the contract.

10.  Remedies
Make sure the contract has a section dealing with remedies for defaults.  Remedies are compensation to the injured party for such defaults.  Outside of the contract there are other ways to be compensated for default in contracts, including state statutes, federal statutes like the UCC, fraud actions and illegality of the contract, dealing with minors, duress, undue influences, etc.

Wed. June 11, 2008
Event: Maximizing Value from Your Business
Date: Jun 11, 2008 Time:8:00 AM EST
Location: Manhattan Address: The Harvard Club, 35 West 44th Street, NYC

Description: You work hard on your business and are building a valuable asset. But your business needs to work hard for you. Come join us for a special event featuring a panel of experts and business owners who will share insights on such topics as:

Taking out cash from your business through tax advantaged vehicles
Presenting unique incentive programs for key employees that drive your business
Preparing your business for transition/sale
Wednesday, June 11, 2008 8:00 am - 10:00 am
The Harvard Club
35 West 44th Street
The Biddle Room, 3rd Floor
New York, NY
Register for FREE at www.nyreport.com/maxvalue

Why trademark? Networking events for the week of 6/2/08 and more...

Why Trademark? If you own a business, you spend a significant amount of time and effort building it up to be successful. You need to protect it the same way that you protect anything else that is valuable to you. What is the best way to do that? With Trademarks.

1) What Is A Trademark?

A trademark is any combination of a word, name, symbol, or device that distinguishes the goods of one person from goods manufactured or sold by others. It does not just apply to manufacturing businesses, but also to service businesses where it is called a service mark, but is essentially the same thing as a trademark. Even a particular color that brands your business can be deemed a trademark. It could also be trade dress, i.e, the particular interior style of a restaurant that is unique to that brand.

2) Why Do You Need One?

The world is competitive enough. Why let someone take what you have worked so hard to build, when there is a remedy to prevent them from doing it? A trademark will be able to help you protect and brand your business without having to worry about competitors using and diluting your brand, and confusing your customers with a product of lesser quality. Having a trademark helps you obtain your niche in the marketplace, and helps customers recognize your brand. As a business owner you spend large amounts of money on advertising, marketing, and other methods of branding your products. Don't let that money go to waste by not protecting your investment in your business. When you trademark your name, logo, or trade dress, you are protecting both your business and your bottom line.

3) How Do You Get A Trademark?

There are many different ways to obtain trademark protection. You can obtain protection through the Lanham Act, which covers Federal Trademark Protection, through individual state laws, and through particular types of usage. You want to make sure it is done properly so you are getting the protection that you really want. Your attorney can decide what is best for your business.

4) How Do You Protect The Trademark?

A trademark can be lost when the trade name becomes so generic, or in such widespread use, that it no longer reflects a particular brand, but only the product. Examples of this are Band-Aid brand adhesive bandages, Scotch Tape brand tape, and Xerox brand copiers. One way to protect against your trademark becoming generic is making sure not to use the trademark as a substitute for the name of the product, such as in the examples above. Make sure the trademark identifies the brand. Come in and we can discuss what the best procedure for you and your particular business is, and how to protect your trademark once you have it.

NETPARTY
Tuesday, June 3rd, 2008
Time: 6:30PM-11pm P.M.
Place: Marquee, 289 Tenth Avenue (btwn 26th and 27th St), New York, New York
Cost:  $10 in advance or w/ RSVP; $20 at door w/o RSVP
More info:  Netparty.com

NETWORKING FOR PROFESSIONALS
Tuesday, June 3rd, 2008
Time: 6:00PM-8:00
Place: Barna, 365 Park Ave South New York, NY 10016
(26th St and Park)                                                                                                       
Cost: NFP Members: $10, Non-Members: $15 (Paid in advance online)
AT DOOR: $20 for everyone. Cash only at door.
More info:  Networking for Professionals

Networking events for the week of 4/14/08, Mojo, Advice for Struggling Companies, Road Recovery

What makes a company unique? Mojo.  But what exactly is mojo?  See my post below.

Is your business struggling?  Follow this link for tips from John Chidsey, the man behind Burger King's turnaround for reviving a struggling company.

Networking events for the week:  Web2NewYork and Speed Networking.  For more details, see listing below.

Fundraiser of the Week:   Jack Bookbinder and Gene Bowen, great friends at Road Recovery, are hosting a fundraiser on Thursday April 17, 2008 marking the 10th anniversary of their organization. Road Recovery's mission to help musicians stay off drugs. Expected to perform are Slash, Jerry Cantrell, Tom Morello, Perry Farrell and Wayne Kramer.  For more information, following this link.

 
Quote of the week:  "Imagination is more important than knowledge."  -Albert Einstein.

Does your company have mojo?

According to Bo Burlingham, author of Small Giants, Mojo is something about your company that is different.  Companies that have Mojo share the following characteristics:

1. Unlike most entrepreneurs, their founders and leaders have recognized the full range of choices about the type of company they could create;
2. The founders have built a business in which they would like to live in;
3. The business has established intimate relationships with the community that they  inhabit;
4. They provide extraordinary service;
5. They provide a great place to work;
6. They are passionate about the business itself.

Tuesday, April 15, 2008
Web 2 New York
Time: 6:00PM-8:00
Place: Gallery Bar, 120 Orchard Street, New York, NY
Cost:  Free
More info:  Web2NewYork

Wednesday, April 16, 2008
Networking for Professionals
Time: 6:30PM-8:30 P.M.
Place: Techspace, 41 E. 11th St, 11th Floor, New York, New York
Cost:  In advance online: $25 NFP members, $35 non-members. At the door: $40
More info:  Networking for Professionals

2/4/08 Networking event, Chris Anderson, Crisis management, Avatars

Chris Anderson, editor of Wired magazine and of author of the Long Tail,  believes $0.0 is the future of business. Follow this link to find out why.

In February, after a long, expensive battle with Blue-ray over the format for the next generation DVD players, Toshiba Corporation pulled the plug over its HD-DVD business. By why did they pull the plug so quickly? It goes back to the management style of Mr. Nashida, chairman of Toshiba.  Follow this link to the March 3, 2008, Wall Street Journal to find 5 tips and lessons learned from Toshiba's business crisis that are applicable to any business.

What do you think of avatars? Are they the wave of the future to build traffic for your website or a gimmick? Let me know your thoughts.

Tuesday, March 4, 2008
Networking for Professionals
Time: 6:00PM-8:00
Place: Barna, 365 Park Avenue South, New York, NY (26th and Park)
Cost:  In advance online: $10 NFP members, $15 non-members. At the door: $20

More info:  Networking for Professionals

Networking Events for 2/26/08, Buy-Sell Agreements, Marketing links

On Wednesday, February 20, 2008, the New York Times published a special section on small business.  In case you missed it, there is a discussion regarding buy-sell agreements.  A buy-sell agreement is basically a business prenup or postnuptial.  For more, follow this link.

Do you have a marketing plan? Follow this link from Entrepreneur. Within 5 minutes, bam, you will have one.  

Thinking about adding video content to your website (I am).  I could also use some help.  Follow this link in Fast Company for ideas.

Please let me know of any future networking events. Have a great week!

Tuesday, February 26, 2008
Social Media Club NYC's February meeting
Time:  6:00 pm ET - 8:30 pm
Place: PR Newswire, 810 7th Avenue, New York, NY.
Cost:  $15
More info and registration: http://www.eventbrite.com/event/94794533

Preregistration is required for entry into the building.

Tuesday, February 26, 2008
Networking for Professionals
Time: 6:30PM-8:30
Place: Techspace, 41 East 11th Street, 11th Floor, New York, NY 10003
Cost:  In advance online: $25 NFP members, $35 non-members. At the door: $40

More info:  Networking for Professionals

Riffs from 2/14/08 Teleseminar with Seth Godin, 2/19/08 Web2ny networking

On Thursday, February 14, 2008, Meatball Sundae author Seth Godin led a powerful discussion on marketing.  For those who do not know Seth Godin, he is one of the most intuitive and brilliant marketers ever.  He was joined by networking guru Keith Ferrazzi, Mitch Meyerson, author of Mastering Online Marketing and Andrea J Lee, author of Money, Meaning and Beyond.  Below please find some riffs from the teleconference. By the way, I highly recommend Keith Ferrazzi's book, Never Eat Alone.

In addition, for those who will be working next week, I will be attending the Web2NewYork networking party on 2/18/08. The details are listed below.  Please let me know of any networking events of interest.

Riffs from the Teleconference

Marketing is about doing things that people want to talk about.

Give things away to people for free.

Outsource work that you are not able to do.

Lead with generosity.

Be intimate with your customers.

Make people thankful for what you have given to them.

Narrowcast.

Every interaction that you make with a customer should make it more likely that they need to do it.

In the Web 2.0 world, you must find a tribe and direct them. Be in the tribal management business.  It is now more valuable to be in the tribe than to be left out.  Look at the tribe of Apple Computer.

Connect with people in new and innovative ways.

Be authentic and genuine when you build relationships.

Successful tribe leaders do not try very hard. 

Live a life of elegance.  Put the least amount into life for maximum return. 

Relax into success.

Don't confuse newness for difficulty.

Lead with your strengths.

Create relevant content and disseminate it everywhere.

There is a shift in information access, it is now abundant.  You can write a book now and you can give it away for free.

The barriers of entry can be free on the Internet.

Tuesday, February 19, 2008
Web2NewYork Networking Party for post-internet media, advertising and businesses.
Time: 6:00PM-?
Place: Gallery Bar, 120 Orchard Street between Delancey & Rivington, New York, NY
Cost:  Free
More info: Web2NewYork

Please be advised that my law office is not affiliated with the above event.

Upping the Ante, Small Tech Summit Information for Monday February 11, 2008 and question about Facebook pay per click

The goal of every small business is to become a "Breakthrough Company" and become great.  Good companies become great by taking risks.  For more, read my post on "upping the ante."  On Monday, I will be attending the Small Tech Summit. I listed the contact information below.  The latest issue of Inc. discusses Facebook's pay-per-click text ads. Have you tried it yet? 

Upping the Ante

The vast majority of small businesses stay small. Only a tiny percentage breakthrough and become great. Keith McFarland, in his recently released book entitled The Breakthough Company, identifies the drivers that enable a company to push past the entrepreneurial phase.  One distinguishing characteristic that breakthrough companies share is the willingness to "up the ante" as the business grows.

A willingness to place a bet is not sufficient in and of itself.  Breakthrough companies usually have a better skill at placing bets.  Over time, unlike gambling bets, bets in business can work in a companies favor.  Each bet can build on each other to create real advantages in the marketplace.  To master the art of an effective bet, a company needs to a) understand the game, b) calculate the odds, c) understand its competitors and d) understand its company.

Here are some tips for upping the ante, according to Mr. McFarland:

1. Identify and analyze all potential bets that you can think of that will take your company to the next level.
   
   
2. Choose the most promising 2-3 bets.
   
   
3. Identify a few ways that your company is currently investing its money and cut those resources and place them on your best bet.

 I would love to discuss how you are planning to up the ante and compare them with how I plan on doing so in my business.

Monday, February 11, 2008
Small Business Technology Summit
Time: 8:00AM to 6:00PM
Place: Crown Plaza Hotel, 1605 Broadway-Broadway at 49th St., New York, NY
Cost:  $149
Small Business Technology Summit

Please be advised that my law office is not affiliated with the above event.

Networking Events for the week of January 30, 2008

Listed below are two networking events of interest for the week of January 31, 2008.  Let me know if you are planning on attending the Greater NY Business Expo tomorrow. If so, I would like to meet up with you.

Thursday, January 31, 2008
Greater New York Business Expo
Time: 1 pm to 6 pm
Place: Madison Square Garden
Cost:   Free
Information:  http://www.pr.com/press-release/69599

Please be advised that my law office is not affiliated with the above event.

Tuesday, February 5, 2008
Networking for Professionals
Time: 6:00PM to 8:00PM
Place: Barna, 365 Park Avenue South, New York, NY
Cost (Advance): $10 for NFP Members
Non-Member Cost (Advance): $15 for non-members,$20 at the door.

Networking For Professionals

Please be advised that my law office is not affiliated with the above event.

How to avoid lawsuits- an alternate view + networking events for the week of January 22, 2008

How to avoid lawsuits- an alternate view

Consider this scenario:  A doctor made a mistake.  What should he do?  Hide the evidence in medical records or admit wrongdoing?

Legally, the best thing to do would be to deny accountability.  Say as little as possible.  Leave a small paper trail.  After all, with less evidence, there is usually less for opposing counsel to question. 

However, in a business context, one should approach this dilemma based on their values.  When you think of values, you engage in the situation.  The doctor should ask, based on his values, what should he do.  He should not ask what can he do. The doctor should do the right thing.  Say you are sorry. Be transparent.  Studies have shown that taking ownership for a mistake will more likely protect a doctor from being sued for medical malpractice. Explain an error? 

Another side effect to think about is that the time, money and organizational concentration that goes into fighting a legal battle is nothing but a distraction.  People go into business to make things, to provide services. No one goes into business in order to make better lawsuits.

Thursday, January 24, 2008
Networking for Professionals/Speed Networking
Time: 6:30PM to 8:30PM
Place: Techspace, 41 East 11th Street, New York, NY
Cost (Advance): $25 for NFP Members
Non-Member Cost (Advance): $35 for non-members,$40 at the door.

Networking for Professionals

Please be advised that my law office is not affiliated with the above event.

Business Book Discussion Group: The Speed of Trust by HR Covey

Sponsor: New York Life and Driving IR
Time:   5:30 p.m. -7 pm.
Venue: New York Life - seminar room
Address: 420 Lexington Ave.
Floor: 15th Floor
Info: $5
Contact: jeri@drivingimprovedresults.com
              212-923-5820

Networking Event January 8, 2008 and book excerpt.

Happy New Year! I have recently How: Why How We Do Anything Means Everything...in Business (and in Life) by Dov Seideman. Below please find a few excerpted ideas. Let me know of your thoughts. In addition, I will be attending the following nfp networking event. I hope to see you there!

Tuesday  January 8, 2008
Networking for Professionals/ Shakers and Stirrers
Time: 6PM to 8PM
Place: Barna,  365 Park Avenue South, New York, NY. (26th and Park Ave)
Cost (Advance): $10 for NFP Members
Non-Member Cost (Advance): $15 for non-members Please add $5.00 to the above cost for Members and Non-Members for paying 'on the day of' and 'at the door'

How: Why How We Do Anything Means Everything...in Business (and in Life)

In this business book, Mr. Seidman discusses that how company does business is of paramount importance.  In this excerpt, Mr. Seidman advocates that individuals should follow a leadership framework, which describes an approach to How you communicate, How you work, How you treat others, How you interact in the marketplace and How you make decisions.  It is of primary significance to embrace some core values, such as justice, honesty, integrity, community and honor.   Some keys of the leadership framework are as follows:

1.  VISION:  It means mentally envisioning a better future for yourself, the tasks at hand and for those around you.  Envisioning represents a pro-active stance toward achievement; it is an activity, a behavior and a disposition toward pursing your goals.

2.  COMMUNICATE AND ENLIST:  To reach this goal you must enlist those around you  and help them see what you see.  In your communication, you should be as transparent as possible.

3.  PLAN AND IMPLEMENT:  Leadership is putting ideas into action.

4.  LEAVE A FOUNDATION BEHIND:    If you can build a system that can be run by others, train others so that they can help you 

5.  IN SPITE OF:   I've never met a good sailor who hasn't sailed rough waters and getting there in spite of all that got in the way.  It is a fact that you will face obstacles; it is a constant in life.  What matters is not the obstacle, but how you think about obstacles, how you approach them, and how you behave in face of them.  Leaders believe that they will find a way in spite forces aligned against them.

6.  CONFRONT COMPLEXITY:  Expect bad news.  By definition the future that you envision and the present are in conflict;  change must occur to achieve something new.  With this tension lies opportunity to thrive, but only in the hands of those willing to confront it.

7. INSPIRE.

8.  BE PRINCIPLED.

9.  BE REFLECTIVE, ESPECIALLY ABOUT YOUR OWN FAILURE.

10.  BE PASSIONATE AND OPTIMISTIC

11.  PURSUE SIGNIFICANCE.

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