Posted On: February 28, 2011

Brightway Insurance Announces Plans for Major Growth

Jacksonville based insurer, Brightway, intends to triple the number of offices it maintains over the next several years. Presently, Brightway operates 70 offices throughout the state of Florida. However, the ambitious expansion plan is set to begin in Georgia and extend into six (6) additional Southeastern states by the year 2015. Brightway estimates that its new business revenue will grow to over $250 million once this expansion phase is complete.

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Posted On: February 24, 2011

Free Internet Music Providers Dance a Fine Line to Avoid Trouble with Copyright Royalties:

Copyrightpic.jpg

Pandora. is a popular internet radio service. Anyone who has used the service is quite familiar with the fact that you cannot control particular song orders, nor can the listener dictate how often he or she gets to hear their favorite band. However, Pandora provides the listener with suggestions based on the user's initial song selection, which allows for a certain degree of customization freedom.

The reason a listener cannot listen to an unlimited number of songs by his or her favorite band is the fact that Pandora functions under a federal statutory license controlled by the U.S. Copyright Royalty Board Copyright Royalty Board. Under this license, Pandora can only play a maximum of four (4) songs by a particular band every three (3) hours.
Despite the limitations set forth under the federal license, Pandora finds that operating under this model is still easier than having to negotiate royalty fee arrangements with the major record labels, and music publishers.

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Posted On: February 22, 2011

The St. Joe Company Reassures Employees/Public of its Financial Strength

st%20joe%20logo.jpg Recently, current St. Joe Co. CEO Wm. Britt Greene released a statement to employees in response to the news of shareholders taking action against the embattled real estate developer. In addition, two members of its board of directors resigned after only six weeks of service. Greene assured the employees that despite these recent events, the company is still viable and "financially strong."

The company, in recent months, has modified its corporate bylaws and hired Morgan Stanley as its new financial adviser in an effort to further protect the interest of its shareholders.

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Posted On: February 19, 2011

Trademarks, What Not to Do: Common Mistakes and Misconceptions (Vol. 3 of 5)

lightbulb.pngA trademark is any name, word, symbol or device used by a manufacturer or merchant to identify his or her product or goods in order to distinguish them from those goods manufactured or sold by others.

The basic tenant upon which trademark law is founded is the business tort, unfair competition, under which a seller using a mark similar to one already in use could be liable for the buyer's likely confusion between two products or services. The law of trademark addresses the narrower issue of whether the confusion arises from the marks used to identify the goods.

In 1946 Congress passed the Lanham Act, which provides for federal registration of trademarks and their protection against infringement (enforced by federal courts). A trademark arises from regular usage of the mark, and only lasts as long as the usage continues.

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Posted On: February 17, 2011

Copyrights, What Not to Do: Common Mistakes and Misconceptions (Vol. 2 of 5)

lightbulb.png A copyright , as defined by Black's Law Dictionary, is the exclusive set of rights which protect orifinal works of art and authorship, giving the creator the exclusive right to publish their works or the right to determine whom else may publish.

Under the current system, copyright protection is not for an indefinite period of time. That is why it is always important to consult an attorney when you have an idea or work you wish to protect.

Copyrights under the 1976 Act protect "original works of authorship fixed in any tangible medium of expression." Interestingly, the level of "originality" required is not susceptible to a precise definition and is the subject of a considerable body of case law.

Rights enumerated within a copyright exist automatically, and do not require registration in order for the author to enjoy protection. However, registration is required in order to pursue copyright protection in a court of law.

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Posted On: February 16, 2011

Businesses need Good Conflict Management

Mediation.jpg Customers are very important and valuable to businesses. So when there is a conflict that rises to a level that may result in the loss of a customer, or worse, litigation, there needs to be a way to resolve it. It is always better for both parties to manage the conflict initially, or, if that is not successful, through an alternate dispute resolution method - such as mediation. Alternate dispute resolution, or conflict management, is important for all businesses because litigation can be very expensive, even devastating, to both the business' reputation and its bottom line.

For good conflict management, it is always best to think about how your business or organization is going to deal with a conflict before one arises. Set up a process to deal with unsatisfied customers or disgruntled employees. In many cases, just knowing how to resolve the conflict is more important than actually resolving the conflict because you are able to meet the underlying interest of all the parties. Identify the steps employees should take when faced with a dispute and identify the manager or supervisor that each must defer to if the dispute escalates.

In the event that internal resolution is not going to be successful, outside sources may be useful. Third-party mediation is often successful in dealing with conflicts because it does not dwell on the positions of each side, but looks to the reason behind the conflict itself. By looking at each party’s motivations and not the positions, the parties are more likely to find a solution, sometimes a more creative one than solely monetary compensation. By these creative solutions, the mediator and the people involved in the mediation will be more likely to feel that the outcome of the mediation was successful and that the process had integrity.

To learn more about this article, visit Better Ways to Handle Business Conflict.

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Posted On: February 15, 2011

Intellectual Property, What Not to Do: Common Mistakes and Misconceptions (Vol. 1 of 5)

lightbulb.png Intellectual Property, commonly referred to as IP Law, is the law that regulates the rights that exist in creative works and inventions. The four most commonly known rights are trademarks, patents, copyrights and service marks.

In this five part series, we will discuss the differences between these four common types of intellectual property, and the common pitfalls/misconceptions on encounters when considering registration of his or her own IP.

Finally, and possible most importantly, this blog series will convey how crucial it is to consult an attorney who specializes in intellectual property for advice and guidance.

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Posted On: February 14, 2011

Marketing should be Considered an Investment, not an Expense

Brand.jpgSteve McKee, author of When Growth Stalls: How it Happens, Why You're Stuck and What to do About It, stated that “every business lives or dies by its brand.” Few owners invest the time or money they should into their brand. "Brand neglect" can occur imperceptibly, through weak or non-existent branding strategies, poor articulation or visuals, or inconsistent brand messages. Many business owners do not notice it happening because brand neglect often happens slowly. A business’ brand is its ultimate asset and should not be mismanaged. Brands can increase in value if they are well-managed. For example, the market value of Coca-Cola’s brand is more than $70 billion. Disney’s brand is worth $28 billion and McDonald’s brand is worth more than $33 billion. While your brand may not be worth that amount, it is an asset worth protecting and enhancing.

As a business owner, brand management should be as important to you as your fiscal and product management. Set aside time to periodically review your brand focus. In your branding efforts, have you developed clear objectives? Is there a clear strategy implemented? Is your tactical plan the best approach for your business? Marketing and brand building may seem like an expense, but it can be your greatest asset. If you have not already, take the time to develop and implement and a branding plan that is smart, strategic, creative and effective.

To read more on this article, visit Marketing: Investment or Expense?.

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Posted On: February 13, 2011

Home Depot Caters to Women

Home%20Depot.jpgHome Depot has recognized that it needs to appeal more to women, who make up half of its customers. Due to the current situation of the housing market, big items and major renovation supplies are not selling like they once were. As a result, management has modified its store presentation and product line to entice their underperforming market segment - women purchases. Specifically, Home Depot is promoting small projects this spring, in an effort to get female customers excited about a home makeover. In addition, Home Depot is offering Martha Stewart Living products that bear a certain icon so a buyer can match pieces for different rooms, such as a living room or bathroom. This helps to create matching rooms without searching for coordinating pieces.

This is not the first time that Home Depot has tried to appeal to women. In 2003, Home Depot introduced Do-It-Herself workshops (still in effect).

This strategy can also be used by small and mid-sized businesses. Assess your potential customer.Assess changes to purchasing patterns that arise as a result of innovations or economic pressures. Be innovative and flexible in reaching potential customers in new market environments. Always be alert to changes in your market and move quickly to adapt to these changes.

To learn more about this article, visit Revamping, Home Depot Woos Women."

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Posted On: February 11, 2011

LinkedIn set to Go Public by Early Summer

social%20media.jpg LinkedIn Corp., the leading website for professional networking, plans to raise at least $175 million through an IPO in the hopes of debuting on the stock market within the next three to four months.

It might be the most highly anticipated IPO in recent memory. LinkedIn's filing could motivate other growing internet services, such as Twitter and Facebook, to follow in its footsteps.

More than 90 million profiles have been set up on LinkedIn, compared to Facebook which boasts more than 600 million.

Whereas Facebook makes its revenue from selling add space and marketing information about its users, LinkedIn has focused its marketing towards corporations and employers willing to pay for exclusive access to its content.

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Posted On: February 11, 2011

How Can I Stop Online Infringement?

http%20www.jpgAs a creator of original content, especially on the internet, you must be constantly vigilant and take quick, affirmative steps to stop those who may try and merely reproduce it. But as the internet has grown, and become an excellent source of advertising, “authors” and various websites have begun the practice of copying works and using citations or link-backs in an effort to minimize the appearance of plagiarism.

An interesting distinction between copyright infringement and plagiarism is that plagiarism occurs when one tries passing off the work of another is his or her own. Copyright infringement occurs by merely copying the work without the regard or appreciation of whether it is wrong.

Therefore, when plagiarized articles or works appear on websites, or hosting forums, the question of liability comes into play. The Digital Copyright Millennium Act was drafted in an effort to provide a degree of immunity to ISP’s, so long as they act quickly to remove or disable the infringing material. However, in order to take advantage of the DCMA’s protection, an ISP must have no actual knowledge of a potential infringement, but takes immediate action once it becomes aware of a possible violation.

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Posted On: February 10, 2011

Hints for the Job Hunt

Resume.jpg Although unemployment is at 9.4 percent, the amount of job postings on job search engines are rising. This may be a good sign of more employers hiring as more employers have begun to post job openings online. These recent increased on line job-posting numbers are very encouraging. As always, any responses to online requests for information should be critically viewed to reduce the risk that the "wrong person" is securing personal information about you. Some suggestions to prevent this may be to check the email address for authenticity, or to call the potential employer to ensure the posting is still active.

Individuals who have been out of a job for weeks, or even months, have sent countless resumes to numerous employers with little or no response. Unfortunately, the longer a person is out of work, the harder it is to get hired. Maybe the skills possessed can be used for other aspects of the job market. Think about how you can adapt the skills you possess to a different industry, or move to a city where your skills are in high demand. Also, do not restrict your search to only bigger companies. Private companies were responsible for more employment over the past year than larger companies.

To learn more about this article, visit A Sign of Hope for More Hiring.

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Posted On: February 9, 2011

SEC Issues Proposed Dodd-Frank Whistleblower Rules

Whistle-blowing.jpgIn November, 2010, the SEC released a 181-page set of proposed rules for the execution of the new whistleblower provisions enacted as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which encourage whistleblowers to report violations to the SEC by offering payments for information. Any individual, or individuals, who provide(s) information relating to a violation or potential violation of the securities laws to the SEC is a whistleblower. Certain individuals, however, are barred from receiving compensation for supplying information to the SEC. Those individuals convicted of crimes related to the violation, individuals who discovered the information by completing audits of financial statements, and those who knowingly provide false, fabricated, or fraudulent information are some excluded from receiving a bounty.

Although the whistleblower would have to disclose his or her identity before receiving the reward, the SEC will not reveal the identity. There may be some concern as to the "limited circumstances" in which the whistleblower's identitiy could be disclosed, however, as it could be by a defendant in an SEC initiated federal court action or adminsitrative action - thereby making identity disclosure forseeable. Also, the SEC would be allowed to directly communicate with the whistleblower and the proposed rules would prevent any individual from impeding communication between the two.

To learn more about the proposed rules, visit SEC Proposes New Whistleblower Program Under Dodd-Frank Act.

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Posted On: February 8, 2011

No Free Samples

Gavel%20and%20cds.jpg Popularity does not automatically equal legality. It is common to see videos posted on YouTube including a portion of a popular song. This is called sampling, which is a copyright infringement and is illegal in most instances. Before using or distributing a copyrighted work, always obtain permission. If consent is not acquired, then you are probably infringing on someone else's copyright.

So, when are you allowed to use copyrighted material without the owner's permission? - when it falls into a "fair use" exception. The fair use doctrine is “a privilege allowing others than the owner of the copyrighted work to use the material without the owner’s consent notwithstanding the monopoly of the use granted to the copyright owner.” There are four prongs to the fair use doctrine which must be met, specifically: the use must be for non-commercial purposes, the nature of the use of copyrighted material must be in the public interest, the amount of the segment used in relation to the copyrighted work as a whole must be small, and the effect of the use upon the market for the value of the copyrighted work must be insignificant. To be in the clear, obtaining a license to use copyrighted or original material is the best idea.

To read more on this article, visit There’s no such thing as a free sample.

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Posted On: February 7, 2011

Five Financing Trends for 2011

Financing%20Trends.jpgCrowdfunding, microlending, credit unions, bootstrapping and the slow money movement are five financing trends that could have an impact on companies in 2011.

1. Crowdfunding is when a group of individuals help fund a project or business through donations. In return for funding, donors would receive services, goods or merely recognition, instead of equity or interest payments.

2. Microlending involves offering very small loans focused more often on benefitting aspiring entrepreneurs.

3. Credit unions are financial institutions that are among the most active in making smaller loans to entrepreneurs and have recently become busier. Credit unions have lower default rates and terms that are usually better than most banks and may be an option for business owners whose credit scores may not be accepted with other lenders.

4. Bootstrapping arises when entrepreneurs trim their costs and arrange for delayed payments to the point that they can self-fund their startup through individual savings and/or loans from friends and family. Trimming start-up costs may enable businesses to skip a loan altogether for start-up.

5. Securing business start-up money from a network of socially responsible companies trying to help their local community. The value to the investor is often derived from creating jobs and strengthening their community's business base.

To learn more about this article, visit Five Financing Trends for 2011.

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Posted On: February 6, 2011

Service Member’s Rights under the Servicemember’s Civil Relief Act

Military%20House%20with%20flag.jpg JPMorgan Chase is issuing checks after learning of overcharges and errors in its handling of 4,000 service members’ mortgages. Chase has resolved thirteen of the fourteen cases of service members that were forced into foreclosure and is working on resolving the last case. The errors were recognized after a lawsuit was filed by a Marine fighter pilot - specifically - errors were made in the handling of loans of service members who requested their rights under the Servicemember’s Civil Relief Act.

Under the Servicemember’s Civil Relief Act, service members receive a number of protections. This act applies to loans taken out before an active-duty service member joined the military or before the National Guard or reserve member is activated. Guaranteed student loans do not qualify under the act. Excess interest, over 6%, is forgiven, effective the day of the service member's orders, or the date active duty begins. A written notice of the request for relief, along with a copy of orders, must be sent to the lender. The lender must be notified when active duty is over. The interest cap on mortgage interest may remain for one year after, but non-mortgage interest caps are lifted the date active duty is completed.

To read more on this, visit Errors affect thousands of military mortgages.

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Posted On: February 5, 2011

United States Military Ranks Higher Than Disney as Happiest Place to Work

Military.jpg Despite owning the tagline “Happiest Place on Earth,” Disney does not employ the happiest workers in the United States. Disney and other well-known companies rank lower than all four branches of the military and the National Guard according to a new survey for the “most blissful places to work.” Growth opportunity, benefits and job security were ranked higher for the military. Companies could learn from the military’s unique programs that provide opportunities to grow and improve skills, creating a happier work environment.

Bradly Brummel, a psychology professor at the University of Tulsa, stated that “despite challenges that may occur when serving our country, including the possibility of going to war, the military provides many of the essential elements to finding happiness at work, including having a meaningful impact on the world, having true camaraderie with your co-workers and having the opportunities to develop skills.”

To learn more about this article, visit U.S. Military Beats Out Disney as Happy Place to Work.

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Posted On: February 4, 2011

Twitter and Facebook in the Business World

Twitter%20photo.jpg Twitter and Facebook have both become popularized by millions of internet users. But what began as a social phenomenon has morphed into something new as businesses are starting to harness this constant stream of information and potential customers.

Former Bazaarvoice Sam Decker has created social syndication to organize social media content and “present it on a usable platter for clients.” His new company, Mass Relevance, will take streams from internet sites, such as Facebook and Twitter, and then use them with more user friendly platforms. The result ? - watching a live football game while following a stream of live tweets on the stadium screen or smart phone.

The new trend is to harness user generated content to attract customers and lend authenticity to a business' commercial message.

To read more on this article, visit Startup aims to syndicate tweets.


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Posted On: February 3, 2011

Tax Apps for your iPhone

iphone-taxes.jpg Recently, I was going through the iPhone App Store and I saw that there are a few free tax-related Apps. The first App was published by the IRS and is entitled “IRS2Go”. It is a free App which allows you to track your refund status, sign-up to receive tax updates via email, follow the IRS on Twitter – if you feel inclined to do so – and finally gives you different ways to contact the IRS based upon what your specific questions are. The App is very simple and easy to use.

The other App is called “TurboTax SnapTax”. If you qualify, it allows you to take pictures of your W-2, answer a few simple questions, review your return and file it electronically – all from your phone! To qualify, you must have income of less than $80,000 ($100,000 if married), your income must come only from a W-2, interest or unemployment, you must have no dependents and not own a home. Although personally I do not qualify, I did download the App to check it out. It looks pretty simple but I was not able to see if taking a picture of your W-2 was as simple as it seemed. I’d be interested to see if anyone out there has filed their taxes using this App.

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Posted On: February 2, 2011

Small Businesses in 2010

Business%20Growth.jpg The phrase “small business growth” seems to be a popular topic in the business community. In 2010, small business trends reflected that the amount of businesses sold was up 3% from 2009. Although the average sales price fell 6.3% to 150,000 in 2010 from $160,000 the previous year, sales in the fourth quarter increased by 11% from 2009. Transactions increased, in part, due to business owners being more realistic about their businesses value, allowing more negotiations and deals to take place.

Despite the number of transactions increasing, access to capital is still difficult, causing businesses to sell for less than their true value. However, as the market begins to recover, baby boomers are predicted to start selling their businesses at an increasing rate, creating more opportunities for those individuals looking to acquire an established business at a lower rate. Even though the market remains challenging for small business owners, small business growth seems to be heading in the rigt direction in 2011.

To read more on this visit Small Business Sales Mixed in 2010.

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Posted On: February 1, 2011

The Difference between a Patent, Trademark, Servicemark, and Copyright

Trademark%2C%20Copyright.jpg Knowing the difference between a patent, trademark, servicemark, and copyright is important for when you need to apply for one. A patent is for an invention and grants a property right to the inventor. The Patent and Trademark Office issues the patent, setting the term of a new patent at 20 years from the date the application was filed. The right granted by the patent is the right to exclude others from “making, using, offering for sale or selling” the invention within the United States. It does not grant the right to make, use, etc. to the person who holds the patent, simply the right to exclude others.

A trademark is a symbol, name, word, or device used in trade to designate here the goods originated and to differentiate them from the goods of others. A servicemark is similar to a trademark except it designated the source of a service instead of a product. Trademark and mark are both commonly used in reference to both trademark and mark. The rights obtained from a trademark are simply to prevent others from using a very similar mark, not from making identical goods.

A copyright protects original works of authorship, such as musical, artistical, literary, and other intellectual works, both published and unpublished. The 1976 Copyright Act provides the owner the exclusive right to duplicate the copyrighted work, to distribute copies of the work, to perform the work publicly, or to display the work. The copyright only protects the form of expression, not the topic of the writing.

To read more on this visit What Are Patents, Trademarks, Servicemarks, and Copyrights?

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