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Reading Contracts Can Save You From Regret

You’re busy. You have client meetings and deadlines to make. You take a glance at that contract you’ve been meaning to thoroughly read. It looks official. There are all those big, impressive words and fancy clauses. You think, “why not just sign it and save some time? Everything seems in order.” 

 

This could be one of the biggest mistakes you ever make. Rushing to sign a contract is the opposite of ‘I came, I saw, I conquered’. Instead, it could become, ‘I rushed, I signed, I regretted.’ 

 

Here’s why:

Legally binding contracts are an important part of any business. But if you sign a contract before you read it and understand it fully, you run the risk of missing key components of an agreement that could potentially hurt, or even destroy your business.

 

When developing a contract, I recommend the following:

  • First of all, read the contract. You are responsible for whatever you sign - make sure you understand it. One bad deal can cost you money, or even your entire business.
  • Do what the big companies do. Prepare your own “standard contract”, with appropriate protections for your company. This can serve as the basis for the deal, especially when you and your opponent are of relatively equal bargaining power.
  • If you are dealing with a business that has far more leverage, consider preparing an addendum or supplement to their contract that contains the most important protections for your business. 
  • Enhance your own leverage. Your bargaining power will be vastly increased if you have alternatives. Moreover, you may very well turn to one of those alternatives if your negotiations prove to be too difficult. 
  • If you start the negotiations early enough, you avoid the situation where you are forced to do business with someone, or cave in on a contract provision, just because you ran out of time. The mantra of your negotiating team should be “make time your friend.” Usually, the party in a rush is the one that must make concessions.

As I discuss in my recent Legal Edge column in SmartCeo, there are plenty of reasons to sign agreements quickly, but rarely a good reason to dive into a bad deal. Remember: contracts endure, don’t get stuck with something you aren’t fully committed too.

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Best (Business) Break Up EVER

Let’s face it, the end to any relationship can be rough. But when business mergers fail, they can also be profitable. Just ask T-Mobile and its parent company Deutsche Telekom, which will earn a record $4 billion for NOT being bought out by AT&T. 

 

Normally, we focus on How to Build a Business and Sell It For Millions, but in the case of AT&T and T-Mobile, we can see even if a deal goes south, there’s money to be made.

 

It was a bad connection for AT&T and T-Mobile.

 

Almost since it was first announced in March, federal regulators have balked at the $39 billion mega-merger of the two wireless giants.The Federal Communications Commission and the Justice Department feared the buyout would violate antitrust laws and harm consumers with higher prices and limited mobile options. AT&T fought the opposition but could never seal the deal. It finally threw in the towel this week.

 

Talk about a hefty phone bill, AT&T must now pay billions to satisfy an initial agreement with T-Mobile. Three billion dollars in cash will be paid to T-Mobile’s parent company Deutsche Telekom, while the remaining $1 billion is set for spectrum and roaming agreements.

 

In its news release, Deutsche Telekom says the termination-of-purchase fee agreed between the two companies could turn out to be the biggest in history. 

 

As I wrote earlier in my Legal Edge column in SmartCEO, business partnerships are never easy. If developed properly, they can be brilliant, but all pitfalls must be considered before signing on the dotted line. When forming an agreement plan for the likely situations you will face.

Things to consider when forming agreements:

     - Do the risks outweigh the means?

     - How will I benefit the most from the relationship?

     - Financially speaking, how are profits distributed?

     - Who is in charge?

     - And as AT&T and T-Mobile are discovering; what happens if the plan fails?


Not one likes a break up. But in the case of T-Mobile, $4 billion certainly goes a long way to take away the sting.  


 

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Handcuffs or Rocket-booster?

On the surface, crafting a joint venture agreement with another business may seem quite appealing. You will share the work, the time, the expense…and ultimately, if successful, the reward.

But, as they say: if it seems too good to be true—it probably is. So, what’s the catch?

When it comes to teaming up with another company, businesspeople are often too focused on the potential outcome to consider the most important piece of the puzzle: if the joint venture is successful, how will these separate businesses work together? Problems and complexities are bound to arise when two very different companies are working side by side.

To avoid a disaster, my first piece of advice is to develop a written agreement with your teammates BEFORE pursuing your joint venture—particularly if you’re a small company. This should nail down each partner’s share of the workload and cost of the potential job at hand. Without a signed contract in place, the larger company could swallow your small business whole with empty promises of what work you will receive—and your potential profit.

But more than just dividing up the assignment, your written contract should address additional –and potentially destructive—complications that may come up when dealing with another company. What if one partner lags behind in their assigned tasks? It is imperative to plan for the teammate who doesn’t carry his or her weight. Another concern: how will each company share control? Bigger companies might mask their own agreement as a joint venture, when in actuality it is a subcontract. Signing it means your company must fulfill all the obligations outlined by the other company’s contract, leaving your small business with limited rights to the project. The bigger company, or the prime contractor, will have considerable, if not complete control. 

The moral of the story? When it comes to joint ventures, there will be situations and difficulties that you will have to face. To solve these problems and more, create an agreement that accounts for any and all potential concerns that could arise—and use this as your contract for all of your future joint ventures.

Read my Legal Edge column in this month’s edition of SmartCEO for a checklist of essential issues to address when crafting an effective joint venture agreement. 

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Hit By the Bus

If you get into a crash, you won’t survive without an airbag. The same goes for your company.

 

In this economy, not having a succession plan in place could be the worst thing for your small business, your family, and yourself. In the event of your death or incapacitation, what’s going to soften the blow?

 

As the CEO, it’s your responsibility to begin grooming a successor for your role as a leader. But this isn’t enough; you’ll also need a solid team to keep him or her afloat. 

 

Next, it’s essential to have a physical, written succession plan. When you’re crafting it, expect the worst and hope for the best. It’s always better to be safe than sorry. For example, consider the tax consequences your estate will face and how that might influence the sale of your company. 

 

But, more important than your business is your family. Trust me: you cannot afford to keep avoiding this issue. Everyone’s time on Earth is limited, so quit thinking that you’re the exception. Plan for the future, and consult with a qualified estate-planning attorney regarding the personal needs of your family before it’s too late. Remember: if you don’t write your own will, someone’s going to do it for you.

 

And when you’re so busy worried about your business and your loved ones, you often forget about yourself. Now is the time to break this habit. There could come a day where you cannot act on your own behalf, and you should begin drafting a power of attorney and advanced medical directive in preparation. This might be hard to grasp—but ignoring the issue doesn’t mean it won’t come up in the future. 

 

To find out exactly what your succession plan should entail, read my Legal Edge column in this month’s edition of SmartCEO, and learn how to protect your small business from being totaled.

 

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My Lawyer, My Friend

As the CEO of your small business, legal matters are bound to arise. And eventually, it’s inevitable that you will have to deal with an attorney. Here is my guide to making it as effortless as possible. 


My first piece of advice: give your lawyer the full story. To represent you successfully, your attorney needs to know the good and the bad—so don’t skimp on the details, no matter what. Revealing your weaknesses will help your lawyer prepare a better defense, and ultimately help you win your case. What’s better than that?


Everyone knows that dealing with an attorney isn’t always a day at the park. In fact, it can be quite a production. To help simplify the process, consider preparing a packet of documents related to your case—emails, contracts, etc.—before you meet with your lawyer. Remember: time is money. 


If I could summarize my advice on working with an attorney in one word, it would be this: communicate. Don’t keep your lawyer in the dark. Give him or her a heads up on upcoming deadlines, and inform them on what they should prioritize. In other words, help your attorney help you. 


Bottom line? When you hire an attorney, you are looking for one thing: results. But unless you communicate your goals from the beginning, your lawyer can’t help you achieve them. For tips on how to relay your goals, and more advice on what makes a good relationship with any professional, read my column in Legal Edge, “My Lawyer, My Friend,” published in the October 2011 issue of SmartCEO magazine. 

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Do What Makes You Happy

According to Small Business Trends, 77% of small business owners love what they do--describing themselves as either “very” or “extremely” happy about running a business.

Over the course of your lifetime, over 1/3 of your waking hours are spent at work. Why waste your time doing something you don’t enjoy? Don’t get me wrong—work is not always going to be fun. But if you have to work to survive, you shouldn’t have to drag yourself out of bed for a job you dread. 

We have all heard the phrase “Money doesn’t buy happiness.” This statement is in accordance with Forbes.com, which reports that jobs with better pay and higher social status are less likely to produce feelings of contentment. Their list of most hated jobs includes Director of Information Technology, Senior Web Developer, Law Clerk, and others. On the other hand, Clergy, Author, Physical Therapist, and Psychologist constitute The Ten Happiest Jobs. According to the National Organization for Research at the University of Chicago, 80% of firefighters are “very satisfied” with their jobs.

The difference between the most loved and most hated jobs is one thing: whether or not the employee feels as if he or she is truly making a difference. The top ten happiest jobs are positions where people feel as if they’re doing something worthwhile—like educating young people or helping the sick. But those with the most hated jobs are constantly asking themselves: ‘what’s the point?’

If you’re a business owner and you’re struggling with finding meaning behind your company or your position, all is not lost. Maybe when you first started your small business, you loved every second. You were passionate and excited about the future of your company and how it could benefit the public. But as time goes on, it is not uncommon for that feeling to fade. Inc.com’s article, “5 Keys to Business Happiness” gives advice on how to bring the joy back into running your business. 

Bottom line: You are going to be working until you’re old and gray. Make sure you have a reason to want to get up in the morning. 

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To Court or Not to Court

Taking your issue to court is never easy. Litigation will cost you and your business both time and money—sometimes up to millions of dollars. As a business owner, it is imperative to know when you should fight it out in court, and when to keep your battle at bay.

 

If you think bringing your business matter in front of a judge is going to yield quick results, you are mistaken. In fact, even the initial “discovery phase” of litigation can last from 6 months to 1 year. Then, there are pre-trial motions and hearings—and preparation could take months and thousands of dollars.

 

But, while a settlement is almost always better than hashing it out in court, there are certain circumstances when litigation should be considered. For example, if you and the other party involved have already attempted a settlement negotiation and failed, and you’re entitled to a large sum of money, obviously it is not practical to walk away. Bring your matter to court.

 

However, if these situations don’t apply, avoid litigation at all costs. Besides reaching a settlement with your opponent, you should also consider either mediation or arbitration—two methods that involve a neutral party to help those involved reach a solution.

 

If you must go to court, there are several things you should do in order to make the process as painless as possible. For these essential tips, click here to read my column in Legal Edge, “To Court or Not to Court,” published in the September 2011 edition of SmartCEO magazine.

 

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Location, Location, Location

Starting a business isn’t easy. Most likely, plans for financing, marketing, and developing a customer base are keeping you up at night. But, you may be missing the most important piece of the puzzle: location.

Before you begin drafting a business plan, hiring employees, and spreading the word about your new project, you must ask yourself: where will my business be most successful?

According to Entrepreneur.com, the first step is to obtain a demographic and lifestyle overview of the location you’re considering: the average age, income range, and interests/behaviors of the region’s residents. Does it match up with your target market? If you need assistance, talk to a local real estate professional. Often, these individuals know their cities backwards and forwards.

Entrepreneur.com’s article, “How to Find the Best Location,” lists 22 essential questions that you must ask yourself before deciding on a location for your small business. Can you find a number of quality employees in the area in which your facility will be located? Are the neighboring businesses likely to attract customers who will also patronize your business? Is the location convenient (for both you AND potential customers)? Find out what else to ask, here.

But sometimes, a remote location could be the reason behind your thriving small business. In my book, How to Build a Business and Sell it for Millions, I discuss a client who rented an isolated warehouse to sell vitamins and supplements. Even when given perfect directions, customers had trouble finding its location. This became part of its charm—just like a hip LA bar, if you could find it…you were considered to be ‘in the know.’

According to The Fiscal Times, if you’re opening a retail or consumer service business, careful determination of a potential location is critical. A city with like-minded entrepreneurs, a strong economy, expanding population, and access to an educated workforce make it an ideal area for opening a business.

If you’re having trouble making a decision, read Business Journals’ report on the best places to open a small business. This year, Austin, TX tops the list due to the city’s rapid growth in population, prosperous economy, and increasing number of small businesses. Oklahoma City came in 2nd, followed by Charleston, SC and Charlotte, NC. New York City falls at number 10, up 17 spots from its 2010 ranking.

The bottom line: do your research. Educate yourself and weigh your options. 

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What's in a Name?

Names are important. Think about it—having a name helps to define you as a human being. You may not realize it, but in the business world, the name of your company is just as significant. In fact, there’s proof that the name of your new business can make or break its success.

Consider the example of Minnesota Mining and Manufacturing Co.: a name that is robotic, dull, long—and forgettable. In 1902, the founders renamed the company “3M”—short and simple, but memorable. Today, the “3M” trademark is recognizable on Post-It notes, Scotch tape, and band-aids.

According to Entreprenuer.com’s “How to Name Your Business,” an appropriate and effective name is essential for your new business to succeed. It is imperative that the name you choose conveys the expertise, value, and uniqueness of your product or service. Most importantly, it must communicate your enthusiasm toward your new business venture.

Inc.com reports that there are five common motifs among great company names: these names are “sticky,” brief, functional, inventive, and they tell a story. Xerox used to be called The Halloid Company, and LG shortened its name from Lucky and Goldstar Co. When choosing a name for your new business, pick a short and punchy name that customers will want to repeat to their friends. Apple, Twitter, Facebook, and eBay are some of today’s most popular companies—and each name has only 2 syllables. 

To develop a company name, think outside the box. Combine words. Invent new ones. Take Google and Gizmodo as examples—two completely made-up words, now the names of a few of the world’s most successful companies. How about Häagen Dazs? The name doesn’t mean anything, but it’s one that’s difficult for consumers to forget. 

If you’re stuck, consider consulting a professional naming firm. However, this can get pricey. According to Entreprenuer.com, hiring an expert to develop a name for your business can cost you up to $35,000—but a quality name may save you money in the long run. Say you decided to name your business yourself. What if, by chance, you chose a name that has already been claimed by another company? Professional namers know the ins and outs of trademark and registration issues, and will help you avoid an expensive legal hassle by developing a memorable, recognizable, and most importantly—original—name for your new business.  

To find out more on choosing a memorable name to represent your brand, visit Inc.com’s list of “Top 5 Company Names.” Nike, Samsonite, and Virgin make the list. How does your new business name measure up? 

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Don't Suffer Through the Stress

Stress is a part of life. If you’re running a business, you’re no stranger to daily pressure. But business experts are urging you not to keep confronting it head on.

According to the American Express OPEN Small Business Monitor, only 46 percent of U.S. business owners plan to take a vacation this summer—down from a high of 67 percent in 2006. Hectic work schedules and a lack of affordability are the top reasons behind this significant decrease. 

In the end, skipping out on your vacation time doesn’t necessarily mean better results at the office. In fact, studies show 20 percent of workers who feel overwhelmed make more mistakes, and 39 percent experience anger toward their employers.

According to Entreprenuer.com, vacations are needed to increase productivity, recharge your batteries and regain focus. In fact, getaways could save your life. A 2008 study reported by the New York Times reveals that men who do not take a vacation at least once a year are 32 percent more likely to die of a heart attack.

Once you learn to actually take a vacation, you have to work on taking effective breaks at work. According to Scott Case, Chief Executive of Startup America Partnership, a consultant group for new companies, business leaders need to give their body and their mind a breather—‘white space’ to help decompress. “Get out of your own head,” he says, “Give yourself some freedom.”

If you’re feeling anxiety, find a quiet place to escape. Take a break from your hectic schedule and visit a museum. Play ping-pong. Go fishing. Get out of the office and see a movie. Surprisingly, even 15 minutes can help clear your head.

How do you know if you need a break? If you are experiencing a lack of focus or creativity, a loss of joy, or increased feelings of irritability at the office, it’s time to take a breather. Read about the other signals here.  

Running a business is hard. Taking a break from it shouldn’t be.

 

 

 

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