Archive for Strategy
10 Keys to business survival in a recession
Posted by: | CommentsIt seems to be the consensus among business and political leaders that our economy is worse than it has been in generations. Statistics, for what they are worth, prove it. In other words, most of us have never seen anything like today’s economic crisis, and there isn’t much in our own experience that gives us guidance in our business
decisions. A recession such as this requires a shift in our thinking, our planning, and our decision-making in
order for our business to see the light of day at the other end of this economic cycle.
Economic cycles, by the way, are usually long. The common chatter heard from talking heads and prognosticators is that we should see the beginnings of a recovery in 6 months – or 9 months – or 12 months – or 18 months, etc. The truth may be that we are in for a longer ride than we optimistically expect. (For example, economists generally agree that we were in a bear market cycle from 1966 to 1982 – a period lasting 16 years; and that we experienced a bull market from 1983 to 2000 – a period of 17 years.) If history is our guide, the recovery might not come quickly. Fixing the global mess will probably take years.
So, as small business owners and entrepreneurs, what do we do and how do we survive? For what it’s worth, here are my Keys to Survival in today’s economy:
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Tip-toeing Past Fear Our internal fight-or-flight response is designed for our protection in times of danger. When our brain senses fear, it suppresses our creativity and shuts down access to the thinking part of our brain - the cortex. Scientists tell us that our fear response is controlled by a small, almond-shaped...... -
Employees underestimate employer medical insurance costs According to a report issued by CCH, very few employees realize the magnitude of the expense incurred by employers who pay medical insurance benefits, even though it is generally a well-publicized fact that medical insurance costs are skyrocketing. A 2004 study by MetLife on Employee Benefits Trends showed that 28%......
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11 Ways to Protect Yourself in Business
Posted by: | CommentsBusiness is riskier than ever these days. The economy is a mess, credit markets are tight, taxes are high – and likely to go higher, the courts are clogged with frivolous lawsuits, and attorneys seem to rule the world. What can you and I do about it? Fortunately, we can do quite a bit to protect ourselves in this business environment. Here are 11 ways: Read More→
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Should you change your corporate status? Way back in December 1997, Inc. Magazine published an article that discussed the circumstances under which a business may want to consider switching its corporate status. Among the conditions it discussed were the following: The company needs capital. If you're simply contemplating raising your credit line or bringing in some...... -
Financial Statements and Fund-ability Disraeli once said that "there are three kinds of lies: lies, damned lies, and statistics." In business, some of the "statistics" that can tell such damning lies are the numbers found on company balance sheets and income statements. Too often, the reality is not accurately reflected in the numbers. Accounting......
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11 questions that can help you choose the best business entity for you
Posted by: | CommentsSmall business veterans may differ on politics, taxes, management styles and even on business models. But one thing they generally agree on is this: the business world is a dangerous place.
In business, there is potential trouble literally everywhere – contracts, product liabilities, employee problems, intellectual property mistakes, etc. – clogging our courts with litigation and costing small business billions of dollars. Too often, those costs reach beyond just the business world and find the pocket of unwary entrepreneurs that failed to grasp the value of protecting themselves by incorporating. But choosing the right type of business entity to gain the protection you need can be a real challenge.
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Five Essential Leadership Traits You Need When Times Are Tough I don't have to tell you how turbulent the last couple of years have been. We've seen the impact of the economic environment on entrepreneurism in a big way over the last 18 months. On the bright side, I am seeing that businesses startups today - and those existing businesses...... -
Family LLCs: Sharing the Wealth For years promoters have touted the use of Family Limited Partnerships (FLP) as a tool for owning and protecting assets and providing a mechanism for passing them on to the next generation. The FLP has been used so frequently that it could lead one to the impression that the FLP......
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Husband & Wife Ownership of LLCs in Community Property States
Posted by: | CommentsI am frequently asked about the impact of a husband and wife owning the membership interest in an LLC in a community property state. It is and interesting issue that is unresolved in many respects.
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The Problem with Series LLCs The new, Series LLC abandons the comforts of asset protection precedent, and introduces a new, completely untried and untested concept into which uninformed promoters and unwary business owners are stumbling. The Series LLC is an exciting new development in business entity law that is currently getting a lot of attention...... -
Protecting Your Credit in Economic Decline The "credit crisis" has become ubiquitous. It is being blamed for everything from home foreclosures to a plummeting stock market. Many individuals and most businesses are feeling the pinch from the credit markets today. Which is precisely why it is so important to carefully manage and protect your personal and......
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Average company juggles 37 lawsuits
Posted by: | CommentsI don’t know how I missed this one, but I’m glad I finally ran across it: the international law firm of Fulbright & Jaworski L.L.P. (whose company slogan is “When you think litigation insight, think Fulbright), released their second annual Litigation Trends Survey last October. It is a fascinating, 32-page glimpse at the impact of runaway litigation on the economy. Here are some interesting facts from their findings:
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Anna Nicole Smith: A legacy of not planning for the future There is an Associated Press article on Law.com about the mess that Anna Nicole Smith left behind for her estate. In addition to the paternity suits, DNA tests and jurisdictional wars between the Bahamas and the U.S., there is also the highly personal tragedy of an infant daughter who...... -
11 Ways to Protect Yourself in Business Business is riskier than ever these days. The economy is a mess, credit markets are tight, taxes are high - and likely to go higher, the courts are clogged with frivolous lawsuits, and attorneys seem to rule the world. What can you and I do about it? Fortunately, we......
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Should you change your corporate status?
Posted by: | CommentsWay back in December 1997, Inc. Magazine published an article that discussed the circumstances under which a business may want to consider switching its corporate status. Among the conditions it discussed were the following:
- The company needs capital. If you’re simply contemplating raising your credit line or bringing in some informal investors, you can probably stay with whatever structure you’ve got. But if you’re aiming for venture capital or a public stock offering, you’ll need C- corporation status.
- You’re exploring incentive compensation. A deferred-compensation arrangement will likely mesh with whatever corporate structure you’ve got. But setting up a stock option plan will be much easier if you switch to C status. The exception: you can use an S structure if the number of employees covered–plus the number of previous shareholders–doesn’t exceed the new 75-owner limit for S corporations.
- The company is profitable and no longer capital hungry, and you’re looking to boost your personal income. One quick solution might be to switch from C- to S-corporation status, thus eliminating the double tax on all dividends paid out to shareholders. But don’t go this route if you’re also contemplating an IPO: you won’t be able to revoke your decision for five years.
- You’ve got great prospects, but the company is still losing money like crazy. Corporate losses, and the tax benefits they can provide, may be more valuable if you switch to a C corporation. That’s because, in many cases, S-corporation owners can claim corporate losses only on their personal tax returns up to the amount of their total investment. With C corporations, most losses can be claimed (or carried forward into later tax years) at the corporate tax level.
- You’re thinking about adding fringe benefits but are looking for ways to control their costs. It’s time to get your accountant to do a cost-benefit analysis. Many fringe benefits for owners turn out to be cheaper with C-corporation status. But don’t switch before figuring out whether the cost of double taxation would wipe out any benefits you’d receive from a switch.
- You’re diversifying the company into a new business line. Wait! Although switching to an LLC structure is often too costly to make sense for an established business, you might be able to achieve real benefits by organizing your new venture from day one as a limited-liability company.
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Entrepreneurs Tale of the Tape The numbers are compelling, but perhaps not surprising: entrepreneurs make our economy - period. Our economy isn't driven by social programs, or by AIG/Lehman Bros/Morgan Stanley/General Motors or any other combination of banks or big business. The concept that "What's good for GM is good for America" has been turned...... -
The Problem with Series LLCs The new, Series LLC abandons the comforts of asset protection precedent, and introduces a new, completely untried and untested concept into which uninformed promoters and unwary business owners are stumbling. The Series LLC is an exciting new development in business entity law that is currently getting a lot of attention......
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Business lessons from snow camping with Boy Scouts
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This weekend I spent Friday and Saturday in the company of 11 young men and 4 adult leaders on an overnight snow camping expedition in the mountains.
This involves digging a cave in the middle of a snowfield, and spending the night in it. For us, the temperature dropped to about 5 degrees. I’ve done this before, but that doesn’t mean I am acclimatized to January nights at almost 10,000 feet. Like all such adventures, we had a mix of success and failures. On the ride home today, it got me thinking about some of the comparisons between our experience and entrepreneurial business.
Here is my list:
- Leadership is a huge key to success. All other things being equal, it is ability of the leader to inspire, drive, motivate, organize, build confidence in, respect, and appreciate his team makes the difference between success and failure. Last night I watched a wise and experienced scout leader use all of those tools to keep a wet, tired and shivering young man not give up and feel good about his decision.
- If you are in a difficult or tenuous situation, you are much better off keeping the troops well fed. A positive distraction, well timed, can do wonders for the attitude of everybody. The difficulty of the task may not change, but at least your approach to it is positive and healthy.
- Don’t let someone who has not already walked down that particular path make the key decisions alone. It results in a finger-pointing frenzy.
- The value of insulation cannot be overstated. Those who were too quick into their snow caves without providing themselves with adequate protection from the cold and wet beneath them were soon sorry. It was a little thing – that didn’t take a lot more time or effort – that made all the difference. In business, asset protection planning is the same way.
- It can get dark and cold well before you are ready. Planning with foresight is essential.
- If you are haphazard in your planning and execution, it takes a long time to clean up after you.
- At the end of a task, there is tremendous value in taking time to de-brief, press team members for input on what they have learned or would do differently next time, and to emphasize key performance points and standards.
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The Problem with Series LLCs The new, Series LLC abandons the comforts of asset protection precedent, and introduces a new, completely untried and untested concept into which uninformed promoters and unwary business owners are stumbling. The Series LLC is an exciting new development in business entity law that is currently getting a lot of attention...... -
We Believe in Entrepreneurism Zogby Interactive conducted an interesting poll of Americans to see where the nation is placing its faith in a better future. "Who will lead us to a better future?" Here are the results: 63% - Small business and entrepreneurs 52% - Science and technology leaders 38% - Family and friends......
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