Carlos Robles-Leal v. Universal City Nissan.
L.A. Superior Court, April 8, 2009.
Facts: Plaintiff, Carlos took his girlfriend to Defendant, Universal City Nissan to buy her a car. Carlos presented a check for $17,000 to the dealer, which was used as down payment for the car. After Carlos broke up with his girlfriend, he tried to get Universal City Nissan to refund the $17,000. Carlos contended that he gave the check to Universal City Nissan to pay off a car he bought in 2005, which was financed by Nissan. Universal City Nissan contended that the $17,000 was a giff by Carlos to his girlfriend.
Verdict: Bench decision for the Defendant, Universal City Nissan.
p.s. Carlos' girlfriend was not located for a comment.
Saturday, May 30, 2009
Friday, May 29, 2009
Six Essentials for Networking
Networking is about creating an extended family. It’s about developing connections, caring about people, increasing the size of your “tribe.” Most of all, networking is not the awkward social ritual many of us think it is—networking is actually FUN!
Here are my top six networking essentials to rock your career and your life.
1. Practice “Palm Up” NetworkingWhen you network, are you giving, or grasping? Palm up networking embodies the spirit of service, of giving and wanting nothing in return. When you network “palm down” you’re grasping for personal gain. Palm up = heart-oriented interaction.
Palm down = greedy grasping. Which attitude results in building relationships, providing value, and ultimately bestows benefits on both parties? You guessed it. The universe has a perfect accounting system. Give to others, it’ll all come back to you in time.
2. Do Daily AppreciationAppreciate at least one person daily. Sometimes I do this via e-mail so I can be thorough. And often, to my delight, the recipient will tell me that they are saving the message for when they need a pick-me-up. You can also express appreciation over the phone or in person. Simply tell someone how much you appreciate who they are, what they do, whatever about them moves you. They’ll be flattered and you’ll feel great.
3. Equalize Yourself with OthersI believe we all have one unit of worth, no more, no less. No one can add to it, no one can take it away. We’re all equal. Just because someone is powerful, rich, famous doesn’t mean they are better than you. Practice equalizing yourself with others—this will enable you to more comfortably interact with others, and to reach out to people of all walks of life.
4. Rolodex Dip.This is a fun practice when you want to connect with someone but aren’t sure who. Flip through your contact database and pick a name. Then think of all the things you like about them. Now call them up to see how they are doing. They’ll be surprised and delighted.
5. Pick a “Sensei of the Day” Each day I pick a sensei, a teacher. This is someone who has taught me a lesson or reminded me of something important in life. Your sensei can be a person, a pet, a plant, it doesn’t matter. The important thing is to acknowledge that there is much to learn and you are being offered valuable lessons constantly.
6. Do the Drive-By SchmoozeParties, conventions, groups of all sorts are great opportunities to network, but sometimes you’ll be tired, not in the mood, or have too many events in one evening (like during holiday season!).This is when you’ll want to use the Drive-By Schmooze.
Here’s how:
a. Timebox your networking
Decide that in 30 minutes you’ll do a check-in to determine if you need to stay any longer.
b. Set your goal
Determine the number of new connections you want to establish. Remember, your goal is meaningful connections, not simply contacts.
c. Let your intuition guide you
OK, this may sound flaky, but it works! Stand near the door, in a corner, out of the way. Stop your thoughts. Internally ask to be guided to the people you need to connect with. Then start walking. You’ll be amazed at who you meet.
d. Connect
You’ll always resonate with someone at an event. When you do, ask questions about them, such as: How did you get started in your field? What’s your ideal customer? We all love to talk about ourselves, and these questions will not only help you form a connection with this person, but will also tell you how to help them.
e. Offer help and follow through
If you can provide help, jot down ideas on the back of their business card, commit to follow up, and then do it. If you’ve had a fruitful conversation and want to take it further, offer to meet for lunch or coffee. People say life is 90% about showing up. Nonsense! Life is 90% about following through!
For more tips and helpful info on networking, see the Cool Resources section on www.RulesForRenegades.com.
Here are my top six networking essentials to rock your career and your life.
1. Practice “Palm Up” NetworkingWhen you network, are you giving, or grasping? Palm up networking embodies the spirit of service, of giving and wanting nothing in return. When you network “palm down” you’re grasping for personal gain. Palm up = heart-oriented interaction.
Palm down = greedy grasping. Which attitude results in building relationships, providing value, and ultimately bestows benefits on both parties? You guessed it. The universe has a perfect accounting system. Give to others, it’ll all come back to you in time.
2. Do Daily AppreciationAppreciate at least one person daily. Sometimes I do this via e-mail so I can be thorough. And often, to my delight, the recipient will tell me that they are saving the message for when they need a pick-me-up. You can also express appreciation over the phone or in person. Simply tell someone how much you appreciate who they are, what they do, whatever about them moves you. They’ll be flattered and you’ll feel great.
3. Equalize Yourself with OthersI believe we all have one unit of worth, no more, no less. No one can add to it, no one can take it away. We’re all equal. Just because someone is powerful, rich, famous doesn’t mean they are better than you. Practice equalizing yourself with others—this will enable you to more comfortably interact with others, and to reach out to people of all walks of life.
4. Rolodex Dip.This is a fun practice when you want to connect with someone but aren’t sure who. Flip through your contact database and pick a name. Then think of all the things you like about them. Now call them up to see how they are doing. They’ll be surprised and delighted.
5. Pick a “Sensei of the Day” Each day I pick a sensei, a teacher. This is someone who has taught me a lesson or reminded me of something important in life. Your sensei can be a person, a pet, a plant, it doesn’t matter. The important thing is to acknowledge that there is much to learn and you are being offered valuable lessons constantly.
6. Do the Drive-By SchmoozeParties, conventions, groups of all sorts are great opportunities to network, but sometimes you’ll be tired, not in the mood, or have too many events in one evening (like during holiday season!).This is when you’ll want to use the Drive-By Schmooze.
Here’s how:
a. Timebox your networking
Decide that in 30 minutes you’ll do a check-in to determine if you need to stay any longer.
b. Set your goal
Determine the number of new connections you want to establish. Remember, your goal is meaningful connections, not simply contacts.
c. Let your intuition guide you
OK, this may sound flaky, but it works! Stand near the door, in a corner, out of the way. Stop your thoughts. Internally ask to be guided to the people you need to connect with. Then start walking. You’ll be amazed at who you meet.
d. Connect
You’ll always resonate with someone at an event. When you do, ask questions about them, such as: How did you get started in your field? What’s your ideal customer? We all love to talk about ourselves, and these questions will not only help you form a connection with this person, but will also tell you how to help them.
e. Offer help and follow through
If you can provide help, jot down ideas on the back of their business card, commit to follow up, and then do it. If you’ve had a fruitful conversation and want to take it further, offer to meet for lunch or coffee. People say life is 90% about showing up. Nonsense! Life is 90% about following through!
For more tips and helpful info on networking, see the Cool Resources section on www.RulesForRenegades.com.
Video: Learn How to Generate Free Leads Online
Learn how to generate free leads online with this free new training video “Whether You Want To Earn An Extra Few Hundred Dollars A Month, or Make a Few Million, This Free Video Will Show You How.”
This free online DVD is absolutely FREE. Learn how a 20-something year old kid went from waiting tables, to 7-figures in less than 18 months... There’s no sales pitch or strings attached.
Just sit back and watch as Mike Dillard gives you his million-dollar formula right there on my white-board. To watch your free video, link to http://ilearntoearn.trafficformula2.com
This free online DVD is absolutely FREE. Learn how a 20-something year old kid went from waiting tables, to 7-figures in less than 18 months... There’s no sales pitch or strings attached.
Just sit back and watch as Mike Dillard gives you his million-dollar formula right there on my white-board. To watch your free video, link to http://ilearntoearn.trafficformula2.com
Why Retain Outside General Counsel?
An outside general counsel does not simply provide you legal services - any attorney can provide legal services. Rather, they serve "your legal partner and trusted advisor" and develop a long-term relationship in which they become an integral component of your company and its success.
Since its foundation in 2008, Juris Law Group has grown through building long-term relationships with satisfied clients. The "concept" is simple really. Most large corporations will have "in-house" lawyers who are employees of the corporation. These lawyers are familiar with the corporation's business and, as such, can customize their legal counsel to the organization's business goals.
At Juris Law Group, our goal is to fulfill a similar role for smaller businesses that do not have the resources (or do not want to incur the cost) to have "in-house" legal counsel. Our attorneys work diligently to understand our clients' business methods and objectives, which allows them to provide better and more cost-effective representation.
For our corporate and non-profit clients, we provide full service legal representation with a dedicated team of attorneys. Each client has one of our attorneys dedicated as their outside general counsel. That attorney not only is responsible to oversee and coordinate the client's legal representation, but also the attorney is responsible for learning about the client's business and consistently striving to better serve and assist with the client's success.
For all clients, Juris Law Group attorneys strive to provide service and legal representation beyond client expectations, where our motto is to "decrease expenses, not expectations." We understand that clients are our customers and, as such, nothing is more important than customer service. We truly want to develop long-term relationships in which our attorneys become an integral component of success.
Please visit http://www.jurislawgroup.com/commitment.html to read more details on how the Juris Law Group perspective is aligned with our clients.
Since its foundation in 2008, Juris Law Group has grown through building long-term relationships with satisfied clients. The "concept" is simple really. Most large corporations will have "in-house" lawyers who are employees of the corporation. These lawyers are familiar with the corporation's business and, as such, can customize their legal counsel to the organization's business goals.
At Juris Law Group, our goal is to fulfill a similar role for smaller businesses that do not have the resources (or do not want to incur the cost) to have "in-house" legal counsel. Our attorneys work diligently to understand our clients' business methods and objectives, which allows them to provide better and more cost-effective representation.
For our corporate and non-profit clients, we provide full service legal representation with a dedicated team of attorneys. Each client has one of our attorneys dedicated as their outside general counsel. That attorney not only is responsible to oversee and coordinate the client's legal representation, but also the attorney is responsible for learning about the client's business and consistently striving to better serve and assist with the client's success.
For all clients, Juris Law Group attorneys strive to provide service and legal representation beyond client expectations, where our motto is to "decrease expenses, not expectations." We understand that clients are our customers and, as such, nothing is more important than customer service. We truly want to develop long-term relationships in which our attorneys become an integral component of success.
Please visit http://www.jurislawgroup.com/commitment.html to read more details on how the Juris Law Group perspective is aligned with our clients.
Thursday, May 28, 2009
Webcast: How Business Tenants Can Reduce Operating Expenses
Wells Fargo just released the latest in its series of webcasts for small business owners. Titled “Cost Saving Real Estate Strategies for Your Business,” it features moi, in a scintillating, not-to-be-missed discussion of how tenants can reduce their lease expenses. I’m joined by co-panelists Brad Blackwell and Jagdeep Dayal of Wells Fargo, Emily Fu of ReMax of Greater Atlanta, and moderator Rich Sloan, chief startupologist at Startup Nation.
Video: Entrepreneurs Can Change the World
"Join the entrepreneur movement. Stimulate the economy. Spread the word." That's the description for a sleekly designed video released by the newly re-branded Grasshopper (formerly gotvmail), a company that provides advanced business phone solutions for entrepreneurs.
The music is composed by Carly Commando (creator of the NBA Playoffs' "Where Amazing Happens" theme song), the animation done by visual designer Ben White.
http://blog.entrepreneur.com/2009/05/video-entrepreneurs-can-change-the-world.php
The music is composed by Carly Commando (creator of the NBA Playoffs' "Where Amazing Happens" theme song), the animation done by visual designer Ben White.
http://blog.entrepreneur.com/2009/05/video-entrepreneurs-can-change-the-world.php
Congressman Proposes Entrepreneurial Tax Break
On May 20, 2009, Congressman Patrick J. Kennedy (D-R.I.) introduced a bill that would allow small business owners to embark on a onetime deferral of income taxes in order to reinvest in their enterprises.
The Generating Reinvestment Opportunities With (GROW) America's Small Businesses Act of 2009 would allow the deferral to go unpaid for up to two years, with taxes due optionally spread out over installments if needed. The representative's office described the proposal as "interest-free, short-term loans" that "would strengthen small businesses at a minimal cost to the federal government." "As the backbone of the American economy, the growth and expansion of small businesses are critical to our nation's economic recovery," Kennedy stated. "This bill provides a flexible and tangible benefit for small business owners ... A little extra help can go a long way in helping to bring a business to the next stage of growth, growth that will translate into job creation."
Kennedy also launched an online resource guide for Rhode Island small businesses, here. See more information about the bill here.
The Generating Reinvestment Opportunities With (GROW) America's Small Businesses Act of 2009 would allow the deferral to go unpaid for up to two years, with taxes due optionally spread out over installments if needed. The representative's office described the proposal as "interest-free, short-term loans" that "would strengthen small businesses at a minimal cost to the federal government." "As the backbone of the American economy, the growth and expansion of small businesses are critical to our nation's economic recovery," Kennedy stated. "This bill provides a flexible and tangible benefit for small business owners ... A little extra help can go a long way in helping to bring a business to the next stage of growth, growth that will translate into job creation."
Kennedy also launched an online resource guide for Rhode Island small businesses, here. See more information about the bill here.
Do It Yourself Tips: Get your Website Ranked Highly in the Search Engines.
Building your Web site is only the first step. In order to have a successful site, it must be ranked highly in the search engines.
Bill Leake, of 911 Marketing Help, offers tips on what you can do for yourself rather than outsource it to a SEO. Click here to watch a free video on what you can do yourself. http://www.911marketinghelp.com/wiki
You can also check out the weekly newsletters, articles and videos, or turn to the resident experts for customized consulting.
Bill Leake, of 911 Marketing Help, offers tips on what you can do for yourself rather than outsource it to a SEO. Click here to watch a free video on what you can do yourself. http://www.911marketinghelp.com/wiki
You can also check out the weekly newsletters, articles and videos, or turn to the resident experts for customized consulting.
Wednesday, May 27, 2009
Come together - virtually
Collaboration, outsourcing and virtual workforces and offices are trends that are here to stay and getting even hotter as companies look for ways to work more efficiently and cut overhead costs.
Low overhead is one of the competitive advantages of small businesses and each new online technology that supports getting work done without employees makes this even more so.
Today I would like to share 7 of these tools that I use every day without fail. Some you may have used some may be new to you. Most are free, some I pay for.
Dropbox - online file storage and sharing. This is simply a high powered FTP site, but the interface and workflow is so great. I use a desktop application from dropbox and simply drag files there and they are stored online automatically. I can share folders with anyone and when they upload files they show up on my desktop. I can even set-up public folders so anyone can send large files without clogging email.
Basecamp - this is an online project management tool that allows you to set-up projects with collaborators and customers and manage all manner of communication, file and document sharing, and chat. I use this with the Duct Tape Marketing Coach network as a form of Intranet.
iLinc - virtual collaboration is great, but sometimes you need to work in real time, face to face (sort of) iLinc is web and video conferencing tool that really shines when it comes to online collaboration. You can work on documents together via the web, video chat, access files and programs off each others desktops and visit web sites together with a live browser - so you can take someone to a page and walk them through a real demo or sign-up process. Disclosure: iLinc sponsors my podcast.
SimpleEvent - this is a free conference call service, but it has a ridiculous amount of features. I love to put together meetings on the fly and have multiple folks join. I also use it to host my large web meetings for the audio portion. I can have up to 96 full talk to talk and 1000 talk to listen on at once. There’s no scheduling, it’s always on and always live.
GMail - this is just big, fat, free, email service, but I love the way it works and takes advantage of being fully online. You can run your own domain through GMail (I use it to send as I don’t have to worry about my local ISP quirks when I travel) and create multiple profiles for all your various rolls in life. I use Google Talk for IM and it’s built right into GMail.
Jott - Jott allows you to record voice memos that get turned into email text. You can set-up boxes for anyone you collaborate with and send notes as you wiz down the freeway. You can create groups for distribution, post appointments to Google Calendar, and even update your twitter feed all with voice messages.
Google Calendar - Another Google tool, I know, but I like setting up calendars and sharing them with collaborators and also tapping the fact that these calendars produce RSS feeds so I can publish them in cool ways to websites and have anyone I give access produce content for those sites. Also sync with desktop and phone calendars over the air.
I know there are lots of great tools out there to do everything I’ve mentioned above. So, what tools do you use for virtual collaboration.
This article is courtesy of John Jantsh, a veteran marketing coach, award-winning blogger and author of Duct Tape Marketing: the World's Most Practical Small Business Marketing Guide.
Low overhead is one of the competitive advantages of small businesses and each new online technology that supports getting work done without employees makes this even more so.
Today I would like to share 7 of these tools that I use every day without fail. Some you may have used some may be new to you. Most are free, some I pay for.
Dropbox - online file storage and sharing. This is simply a high powered FTP site, but the interface and workflow is so great. I use a desktop application from dropbox and simply drag files there and they are stored online automatically. I can share folders with anyone and when they upload files they show up on my desktop. I can even set-up public folders so anyone can send large files without clogging email.
Basecamp - this is an online project management tool that allows you to set-up projects with collaborators and customers and manage all manner of communication, file and document sharing, and chat. I use this with the Duct Tape Marketing Coach network as a form of Intranet.
iLinc - virtual collaboration is great, but sometimes you need to work in real time, face to face (sort of) iLinc is web and video conferencing tool that really shines when it comes to online collaboration. You can work on documents together via the web, video chat, access files and programs off each others desktops and visit web sites together with a live browser - so you can take someone to a page and walk them through a real demo or sign-up process. Disclosure: iLinc sponsors my podcast.
SimpleEvent - this is a free conference call service, but it has a ridiculous amount of features. I love to put together meetings on the fly and have multiple folks join. I also use it to host my large web meetings for the audio portion. I can have up to 96 full talk to talk and 1000 talk to listen on at once. There’s no scheduling, it’s always on and always live.
GMail - this is just big, fat, free, email service, but I love the way it works and takes advantage of being fully online. You can run your own domain through GMail (I use it to send as I don’t have to worry about my local ISP quirks when I travel) and create multiple profiles for all your various rolls in life. I use Google Talk for IM and it’s built right into GMail.
Jott - Jott allows you to record voice memos that get turned into email text. You can set-up boxes for anyone you collaborate with and send notes as you wiz down the freeway. You can create groups for distribution, post appointments to Google Calendar, and even update your twitter feed all with voice messages.
Google Calendar - Another Google tool, I know, but I like setting up calendars and sharing them with collaborators and also tapping the fact that these calendars produce RSS feeds so I can publish them in cool ways to websites and have anyone I give access produce content for those sites. Also sync with desktop and phone calendars over the air.
I know there are lots of great tools out there to do everything I’ve mentioned above. So, what tools do you use for virtual collaboration.
This article is courtesy of John Jantsh, a veteran marketing coach, award-winning blogger and author of Duct Tape Marketing: the World's Most Practical Small Business Marketing Guide.
Keep Lawsuits Off Your Back
This article is courtesy of Cliff Ennico (cennico@legalcareer.com). Cliff is a syndicated columnist and author of several books on small business, including Small Business Survival Guide and The eBay Business Answer Book.
A lawsuit can crush your business, and there’s no fool proof way tot prevent someone from suing you if he thinks you’ve made a mistake, breached a contract or caused him to have an accident while on your premises. The good news is lawsuits are costly and time consuming, so most sane people won’t waste the time and money to sue you if the claim is not substantial and you do everything you can to make yourself an unattractive target.
Here are five ways to reduce your liability risk:
1. Use your company as a shield. If you’re doing business as a corporation or LLC, people have to know that they’re dealing with your company, not you. Make sure your corporation or LLC name appears on your business cards, stationery, website homepage, company vehicles, office doors and all other places that are visible to your customers, suppliers and others. Make sure customers write checks to your corporation or LLC, not to you individually. Make sure you sign all business documents, checks and correspondence as a representative or your corporation or LLC (e.g., XYZ Enterprises, Inc. signed by “Your Name, President”).
2. Update your insurance. You should have commercial liability (“slip and fall”) and malpractice (“errors and omissions”) coverage with limits of at least $1 million per occurrence and $3 million total liability.
3. Disclaim legal liability in your contracts. Look at your form contracts with customers and suppliers. These should specifically disclaim any liability for: ”consequential, incidental and punitive damages,” express and implied warranties, “including but not limited to merchantability and fitness for a particular purpose;” and, any liability whatsoever in an amount greater than the amount paid by the customer or $100, “whichever is greater.” These disclaimers need to be in bold type or all caps so that they’re clearly visible. If you website has a “Terms and Conditions” section or a “User’s Agreement,” make sure these disclaimers appear there as well, and that people have to click on a box saying “I Agree” to your terms before they can buy goods or services from you online.
4. Transfer assets. Consider transferring personal assets into the hands of family members who are not involved in your business. To be effective, this must be done before something happens that results in a lawsuit.
5. Get rid of “high risk” customers. If you sense that a customer or client is a lawsuit waiting to happen, especially if he generates little sales for your business, now is the time to stop doing business with him. Let him down gently and refer him to another local business—preferably your biggest competitor or worst enemy.
One thing Cliff didn’t mention in his article which I think is very important when trying to avoid lawsuits is including an Alternative Dispute Resolution (ADR”) provision in your contracts. Every year, millions of business contracts are written which provide for arbitration as a means of resolving disputes. Most provide for administration by the American Arbitration Association (“AAA”), a public-service, not-for-profit organization offering a broad range of dispute resolution procedures. ADR includes arbitration and mediation, you can also include in the ADR provision, that the parties try to work out the problem before the matter is submitted to ADR. Either way, every contract should have an ADR provision to allow the business to get its disputes resolved as quickly and cost effectively as possible.
A lawsuit can crush your business, and there’s no fool proof way tot prevent someone from suing you if he thinks you’ve made a mistake, breached a contract or caused him to have an accident while on your premises. The good news is lawsuits are costly and time consuming, so most sane people won’t waste the time and money to sue you if the claim is not substantial and you do everything you can to make yourself an unattractive target.
Here are five ways to reduce your liability risk:
1. Use your company as a shield. If you’re doing business as a corporation or LLC, people have to know that they’re dealing with your company, not you. Make sure your corporation or LLC name appears on your business cards, stationery, website homepage, company vehicles, office doors and all other places that are visible to your customers, suppliers and others. Make sure customers write checks to your corporation or LLC, not to you individually. Make sure you sign all business documents, checks and correspondence as a representative or your corporation or LLC (e.g., XYZ Enterprises, Inc. signed by “Your Name, President”).
2. Update your insurance. You should have commercial liability (“slip and fall”) and malpractice (“errors and omissions”) coverage with limits of at least $1 million per occurrence and $3 million total liability.
3. Disclaim legal liability in your contracts. Look at your form contracts with customers and suppliers. These should specifically disclaim any liability for: ”consequential, incidental and punitive damages,” express and implied warranties, “including but not limited to merchantability and fitness for a particular purpose;” and, any liability whatsoever in an amount greater than the amount paid by the customer or $100, “whichever is greater.” These disclaimers need to be in bold type or all caps so that they’re clearly visible. If you website has a “Terms and Conditions” section or a “User’s Agreement,” make sure these disclaimers appear there as well, and that people have to click on a box saying “I Agree” to your terms before they can buy goods or services from you online.
4. Transfer assets. Consider transferring personal assets into the hands of family members who are not involved in your business. To be effective, this must be done before something happens that results in a lawsuit.
5. Get rid of “high risk” customers. If you sense that a customer or client is a lawsuit waiting to happen, especially if he generates little sales for your business, now is the time to stop doing business with him. Let him down gently and refer him to another local business—preferably your biggest competitor or worst enemy.
One thing Cliff didn’t mention in his article which I think is very important when trying to avoid lawsuits is including an Alternative Dispute Resolution (ADR”) provision in your contracts. Every year, millions of business contracts are written which provide for arbitration as a means of resolving disputes. Most provide for administration by the American Arbitration Association (“AAA”), a public-service, not-for-profit organization offering a broad range of dispute resolution procedures. ADR includes arbitration and mediation, you can also include in the ADR provision, that the parties try to work out the problem before the matter is submitted to ADR. Either way, every contract should have an ADR provision to allow the business to get its disputes resolved as quickly and cost effectively as possible.
Subscribe to:
Posts (Atom)
