Averting Disaster – Do Your Research (Part 1)

I was recently privy to one of the worst branding disasters I’ve ever encountered. The effect on the team launching the product was near catastrophic and hindsight proved just how avoidable it all was. There are a few simple rules to a product launch and I’m hoping that my recent experience can shed a light on how to avoid this problem in the future.

The following story is true. Certain names and details have been altered to protect the privacy and integrity of those involved.

The Product

I work as a digital media consultant responsible for developing content for various companies that choose to market their business on the internet. A well-intentioned individual who runs a website and blog devoted to tea was looking to expand their audience by hosting an online tea conference bringing experts from all over the world to discuss everything concerning tea, called “The Tea Council”. The online conference would be composed of 30 presentations and interviews on various subjects as they relate to tea marketed for free over a one-week period, and available for sale thereafter through the blog and various affiliates for $29.99.

The Team

A tremendous amount of work is involved to put together one of these online conferences for which there are numerous benefits to the consumer. First, during the week of the conference the information is available for free. Second, there is no need to buy a ticket, purchase a flight, or book a hotel room in another city - the entire conference can be enjoyed from one’s bedroom. And finally, the information is available to the consumer in perpetuity. In order to create this product, a whole content team and marketing team need to be assembled to create the product and to put it out to the world. Web space for the “theteacouncil” was purchased and all content and marketing for the conference would be channeled through that space. A single online conference takes a solid 2 to 3 months to put together employing about a dozen individuals all trained in their specific discipline as well as coordinating with a large group of experts who all have a stake in how great the reach is for this conference.

My Role

As the one responsible for designing the content, it was my job to consult with our client on how to make the best use of digital media to communicate the information of an expert with an audience of lay people. An interview is conducted between the conference host and the expert that is recorded and edited, and then turned into a final podcast-type deliverable for the consumer. Those interviews are then transcribed, from which a power point presentation is created. This power point is then turned into a video and is matched with the audio presentation which itself is delivered to the consumer. All in all, for thirty presentations, on my end alone, it was about 100 hours of work.

How It All Broke Down in the Blink of an Eye

We were less than a week away to launch. All the content was in place, all the affiliates were on board, and initial pre-registrations had already taken place. Heavy traffic was already heading to the website and sales were already being made. The client received a cease and desist letter from the owner of a website called “councilonteas.com”. After an initial review from a lawyer, although being reassured that the Council on Teas didn’t have much of a case, legal fees alone would cut significantly into the budget of the conference. The owner of the Council on Teas was also adamant that a deal could not be struck and that the Tea Council was in breach of a trademarked product and would be legally blocked from launching their product, and would face legal repercussions and be prosecuted to the full extent of the law, should they continue with their launch as planned.

 Lesson Learned

A simple Google search would have shown the existence of the Council on Teas company and their website, and the initial decision to launch the conference as “The Tea Council” had to be considered a terrible oversight. Even if the desired web space was available, it would have been preferable to do some initial market research and explore any websites and names that might have even been remotely similar to anything they wanted to launch.

Read on to Part 2 to find out what it took to finally get a completed product completely rebranded and launched.

Social Media and the Law

Does your company need a lawyer every time you post on Facebook? Obviously not if it is your personal page.

However, when you dive into social media to promote your business you would be well advised to speak with a social media law specialist to keep an eye on what you post. Look at it this way, when a company creates an ad that makes certain claims about their product, that ad has to go through a strict legal review to protect the interests of that company.

This is the same approach you should be taking when you begin engaging customers through social media. In other words, get protected before you post. Here are some areas to think about with regard to social media and the law.

Do you have an action plan?

On many levels, you can gauge a successful social media campaign by the amount of followers or "likes" you achieve. Yet when you drill down, an effective social media campaign is much more than a numbers game.

Before you meet with a lawyer, you'll want to put together your company's action plan. This can come in the form of a prepared background document. Included in this document should be the supporting data for the following:

• Current social media uses
• Lists of various social media platforms being utilized
• Type of material being shared (blogs, videos, Tweets, photos, etc.)
• Staff members responsible for generating social media content
• Any company policies regarding posting
• A review of competitors’ social media campaigns
• Guidelines for employees posting on behalf of the company such as language/photo use

All of these issues pertain to a certain level of risk management with regard to employee interaction. Without guidelines you could find yourself dealing with inappropriate posts that could cause great harm to your brand.

Do your employees know what they can or cannot post?

It's hard to imagine a company getting through the course of business without creating a "disgruntled" employee. Usually, these are the folks who are dismissed because of poor work performance and go on to vent their frustrations. These types of comments can be managed but what about posts from current employees that could be a problem? Make sure that your employees understand that company secrets or making fun of a customer are not something that should be done on social media.

All of these types of postings need to be explored with your legal representative in order to form a comprehensive set of rules for your staff. It is much better to work through all the possible scenarios as opposed to doing damage control. 

5 Myths About Small Business Law

There is a familiar courtroom saying that goes, "A person who decides to represent themselves has a fool for a client."

What that means is that you shouldn't cut corners when it comes to legal matters especially in your business. There is just too much at stake. That same idea can apply to what you think you know about the law.

There are many myths about small business law that can fall under the category of "They say" or "I heard." Neither one of those ideas should be trust. Case in point: These five myths about small business law:

Myth One: Patents keep your intellectual property protected.

There are many variables that go into filing a patent. One tiny slip-up could open the door for someone to swoop in and make a clone of your idea incorporating a variable that allows them to score their own patent. Although it might not be fair, a bigger corporation could also "borrow" your design and make its own modifications. You can take them to court but they can also crush you with their legions of lawyers. And if there is patent infringement overseas, good luck! This doesn't mean you shouldn't file that patent. Just know it's not a complete shield.

Myth Two: A contract has to be thick to be any good.

Wrong. The best contracts are the ones that are easy to assimilate and understand. One of the reasons that contracts become complicated, is because lawyers like to bill for any ongoing changes.  If you can get a contract boiled down to a few pages then you'll be ahead of the game. Just because lawyers like to throw around a bunch of legalese doesn't mean they have to. That isn't the law!

Myth Three: You can't be sued if you did nothing wrong.

Actually, you can. Anyone can sue you for anything. That doesn't mean the case won't be tossed out be a judge, but before that happens you'll still have to hire a lawyer and defend your company's interest. It could be that the litigant is just trolling for a settlement. Tort reform is a big issue in many countries. There are some places where the loser has to pay all court costs. That could curtail frivolous lawsuits but until that becomes a universal law brace yourself.

Myth Four: All you need is a trademark to protect your brand.

Not so much. First of all, getting a proper trademark can be a very complicated affair. Even when you do get a trademark issued it can only apply to certain territories. That means you have to go multiple places to be truly protected. On many levels, getting the right URL is way more important than a global trademark. Remember, that URL could also be many variations of the same word or phrase related to your company or product. Try to snag them all.

Myth Five: You only need a lawyer if you're sued.

We could spend hours telling lawyer jokes. Yes, they can be a hindrance especially if they are coming after you and your business. However, the best time to retain a lawyer is long before you ever set foot inside a courtroom. If you're not sure about an issue whether it has to do with taxes, R&D or even real estate spend the money to consult with the right attorney. This can pay off in the long run. 

Protecting Your Original Content Online

It’s inevitable that as a publisher of original content, someone will steal it.  What’s important is how you deal with it. With the Digital Millennium Copyright Act (DMCA), there are ways you can protect your content from people who steal from your site. And you don’t need to be a lawyer to understand how it works. 

There are six ways that you can protect your content online.  By taking these actions, you reduce the chances for your online content to be stolen.  

·         Learn the basics of copyright law. According to the DMCA, your post is protected as soon as you publish it. As a creator – the content becomes your intellectual property and no one can reproduce it without your permission. 

·         Post a copyright notice on your website.  Although having a copyright notice on the bottom of your website does not protect you, it does tell everyone that the content is your intellectual property.  It is used as a warning for others that copying your content is not legal.   

·         Post a permissions policy. Create a permissions policy page which clarifies what people can do with your content.  It allows other webmasters a guide to follow on what they can or cannot do with your content. 

·         Request that they remove your post. Ask the offender to remove your post by email or in the comments – politely.  In many cases, people may not know that they have done an offence and just need to be educated. Most likely they will comply once you’ve notified them.

·         Notify the ISP (Internet Service Provider).  The DMCA allows copyright owners to have ISPs comply with “take down” requests. In this case, ISPs can be any website that hosts the offending website or content. You may have to do a bit of research in order to find the right hosting service or even contact name. However, once you’ve sent them an email, the ISPs will do their research into your request.  If the ISP finds that there is a copyright infringement, they will make their own request to the website owner or take down the site.   

·         Hire a copyright lawyer. If nothing else works, you may have to resort to hiring a lawyer who can go after the offender.  Keep in mind that lawyers can be expensive and there can be no guarantee that you will be successful.  

If you use a Wordpress blog, download and install one of their plugins – the WP Copyprotect. This locks your content so that no one can highlight and copy your content. However, for the real pirates, this won’t deter them as they can merely shut down their website and appear elsewhere with another site.

The best strategy is to create great original content that your readers will love and share. This not only helps build credibility but also brand loyalty that keeps your readers coming back.

How to Choose a Law Firm for Your Small Business

As the owner of a new small business you’ll be taking on a lot of responsibilities. In your role as boss, it will be your final decisions that impact your staff and the direction you want the business to take. While it might feel at times as if you’ve taken the weight of the world on your shoulders, you can (and should) add to your team with a qualified attorney. Developing a working relationship with an attorney who understands your business will be vital to your success. The following are some helpful hints to help you pick the right law firm.

1)      Start With a Recommendation

When you open up your business you’ll be entering into a community of your peers - other business owners who have been through your situation. These fellow owners can are great resources for solving any challenges that you might face. This network can answer any business related questions that you might have. Start by asking about the law firm they use. Getting recommendations from business owners is the best way to start researching the law firm that will be perfect for your needs. Keep in mind that just because someone recommends a law firm doesn’t mean you have to hire that firm. You’re just asking for names.

2)      Write Out Your Vision

You might have created some sort of business plan for your investors, but your vision of where you want your business to go is something less formal. This is a document that you can use to strategize with an attorney. This vision can help you choose the right law firm based on that firm’s experience. For instance, you might want to franchise your business so you should be looking for a lawyer with expertise in that field. The same holds true for expanding your business globally. Does the law firm have offices in other cities or countries?

3)      Research

Just as your business will need a website, every prospective law firm you’re looking into will have their own internet presence as well. This will be your first impression of the law firm and can tell you a lot about how they handle their business. Once you enter into discussions about retaining the services of a law firm you’ll be given the opportunity to follow-up with their references. Make those calls.

4)      Factor In the Costs

Billing practices vary from one lawyer to another. Many new business owners have gotten quite a shock from their first legal bill when they are charged for a quick phone call or email response. Remember that lawyers make their living through billable hours. When you develop a strong relationship with a law firm the “nit-picking” of hours charged might not become such a big issue. However, you should be aware of all the fees up front and what a lawyer expects to bill you for. Additionally, all these fees should be in writing.

Even if you are a freelancer or a home business, there will be a situation where you will need to use the services of a corporate lawyer. This could range from needing legal advice, or it could be to draft up contracts and agreements. Either way, it's always a good idea to retain the services of a corporate lawyer in case any unexpected situations come up.

Creating a contract - protecting yourself and your business

In business, a well designed contract protects you from any unknown variables, much like an insurance policy. You pay for the policy, hoping that you’ll never have to use it. More specifically, a contract helps you manage and avoid potential risks. Due to the unpredictability of the business world, smart professionals create contracts to reduce any unnecessary costs and minimize all risks.


Why should you use a contract?

A contract is a legal document used between multiple parties to outline a business relationship. The contract becomes valid only when the parties involved agree to the terms and conditions by signing the document. It should detail the:

• expectations of the stakeholders;

• the relationship between all parties;

• the nature of the transaction;

• and the next steps of the relationship including any recourse in case of disputes.

It is often used for:

• During the hiring of freelancers/vendors/suppliers

• During the purchase of goods or services

• Real estate transactions

• Business partnerships

• Non-compete, non-disclosure or confidentiality agreements

With a contract between parties, all issues can be outlined in detail, thereby avoiding any problems that may happen in the future.

Things to be aware of in creating a contract

Don’t be vague, make sure the contract is detailed – The ideal contracts are detailed and focused. Make sure that the terms and conditions are simple, specific, and that avoids any uncertainty. The more specific you are in your expectations or terms, it becomes very clear on what is to be done by all parties and by what time.

Identify all concerns you have – Make sure that all your concerns are outlined and are answered. You don’t want to find out the hard way in a situation that could have been avoided.

Understand the laws – Make sure that you know your provincial and even local laws that can affect the contract. This is especially true for any real estate transaction where the laws change by province. It is best to consult a lawyer who is knowledgeable about your industry and can advise you on the proper stipulations.

Review the contract with a lawyer - Never sign the contract until you’ve gone over it with a lawyer. Many people make the mistake of only going to the lawyer after the agreement has been signed or when a problem came up.

A contract is meant to be used as a way to protect yourself and facilitate any business transaction. It creates a common platform from where all parties can move forward in consummating a business relationship. It also is used to protect yourself from any harm or legal problems and can be one of the best decisions you’ll make for your business.

Did Lack of MBA Ethics Cause the Recession?

It was inevitable that one outcome of the recession, aside from the devastation of the economic hurricane, would be deciding who or what truly was to blame. The truth is there is no one factor or person. However, as the smoke begins to clear, there is increasing blame being attributed to the financial leaders of our generation, specifically the mighty who have fallen.

We have all been witness to major financial scandals over the last couple of years. Many of these scandals have been perpetrated by key figures in the upper echelon financial world, individuals with impeccable credentials, or so we thought. To the dismay of both the public and academia, a good number of these individuals bore MBA's – seemingly their license to direct the financial community – from some top business schools.

While no pattern has emerged, a number of questions have arisen regarding MBA programs and the students therein. While there are no guarantees, an MBA from a top business school is a tremendous stepping stone to a lucrative career. The question is how desperate are students to obtain that coveted degree.

In a 2006 study released by the Academy of Management Learning and Education, an astonishing 56% of MBA students admitted cheating, far exceeding any other major discipline.

The focus of many major MBA programs is quite straightforward – your sole obligation is to make as much money as possible for your stockholders, within the parameters of the law. Unfortunately, a decided absence of ethical teachings has caused many graduates to ignore the legal obligations of earning money. The argument that students want to earn as much as possible in order to repay their expensive education doesn't hold much water. Were that the case, medical students would be dropping like flies in insurance scams.

Many business schools acknowledge that a lack of classes in business ethics may be part of a larger problem and some, indeed, have begun to change their curricula to reflect a necessary change. Others schools have tightened their application processes to help weed out potential "future problems." Overall, the fall of the giants has helped remind us that, in a democratic society, we are all equally accountable for our actions.

Incorporate in Canada with CorporationCentre.ca
Click. You're incorporated ®