Monday, December 29, 2008

Finding New Business Ideas

Finding New Business Ideas

Q: What opportunities do you see out there for new entrepreneurs? Where can someone turn for new business ideas?

—A.C., Florham Park, N.J.

A: Ideas are everywhere. It's execution of good ideas -- not the ideas themselves -- that makes for successful businesses.

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That said, uncovering real opportunities and fleshing them out requires some foresight and research. Aspiring entrepreneurs should generally stick with industries or subjects they are already well-versed in, since they'll then be in the best position to spot opportunities and take advantage of them, says Bo Fishback, vice president of entrepreneurship for the Ewing Marion Kauffman Foundation, a Kansas City, Mo., entrepreneurial research organization.

"If you don't have a unique skill set in a space," he says, "it's going to be very hard for you to just jump in and compete with everyone else who does."

The best ideas, Mr. Fishback adds, are those that solve vexing problems -- and often spring from firsthand experiences. Of course, some trends, such as the aging baby-boomer population or the boom in online social networking, naturally present lots of opportunities for entrepreneurs.

Mr. Fishback recommends identifying the "smartest" people you can find in any industry you're considering starting a business in and speaking with them extensively about the industry and the issues they face. These people will not only feed you ideas, but can also act as a sounding board for any ideas you have. Closely monitoring the news, blogs and industry Web sites also can help sprout ideas.

The Internet offers plenty of resources as well. Social-networking sites for entrepreneurs, such as ClubENetwork.com, Vator.tv, Entrepreneur.Meetup.com and PartnerUp.com, allow people to swap business ideas and provide feedback to each other.

Other sites like ideablob.com, run by credit-card firm Advanta Corp., let users pitch business ideas and have their ideas voted on by other community members -- with the chance to win cash prizes.

Three Ways to Build Innovation Into a Day's Work (WSJ)

Three Ways to Build Innovation Into a Day's Work

Game-changing ideas may abound at your workplace – in the minds of your employees. The hard part is figuring out how to tap into those ideas and make creativity part of the daily routine.

But regularly harnessing your staff's brainpower can provide an important edge to small businesses competing against larger competitors with bigger budgets and deeper resources.

Here are three ways small companies have figured out how to make the most of employee contributions.

1. Awards and Recognition

Allison De Meulder wanted to hear new ideas from employees at her online custom-invitation store. Her staff of 24 rarely made suggestions, but she had a feeling they had more to offer than they were letting on. "People don't always feel comfortable coming into my office," she says.

Ms. De Meulder, who is president of Tampa, Fla.-based Invitation Consultants Inc., bought a white mailbox and installed it in a central spot in the office.

Employees are encouraged to drop in new ideas and lift the red mailbox flag. Once a quarter, Ms. De Meulder and her husband, Olivier De Meulder, the company's vice president, select a winner from as many as 30 ideas. They host a catered lunch and read the top three aloud. The winner is awarded $500 cash and a sculpture resembling a glass-encased electric-blue light bulb.

"I really wanted to do something to motivate people," Ms. De Meulder says. "People are motivated by recognition."

A recent winning entry came from a graphic designer, who pointed out that free photo touch-ups on wedding and graduation announcements can consume a lot of time and energy. The new idea: Charge a few dollars for labor-intensive work, such as removing objects from a background. As a result, Ms. De Meulder says, the company made an extra "couple thousand dollars" during the recent graduation season.

Another recent winner: A vendor-relations manager suggested that brides shopping for wedding invitations should be able to save favorites and send a poll to family and friends, who can vote for their choice. That poll could be landing in the inboxes of other future brides who will need their own invitations one day. Attached to each poll is a coupon code to help drive new business.

Not every idea works. One winning suggestion proposed drop-down menus for customers searching for invitations, a tool that proved too unwieldy to implement. Despite spending fruitless time on that project, Ms. De Meulder says, "I don't give guidelines. I want free-flowing creativity."

2. Required Suggestions

When Talia Mashiach co-founded Eved Services Inc. four years ago, she instituted weekly company-wide think-tank meetings. As her event-services company grew – it now has 27 employees, most scattered at several hotels around Chicago -- meeting weekly proved impossible. Last year, it moved to a monthly meeting. There, each of the company's five teams – grouped by hotel client, plus a support-staff team– is required to present three new ideas. Some ideas are embraced on the spot; others are studied by executives in the following weeks.

Among the ideas adopted: Instead of staff working at hotels wearing their own choice of business attire, they all now wear a black suit with a black or white shirt, along with a lapel pin bearing the company logo.

"It's been a game-changer," Ms. Mashiach says. "Hotel clients talk about it. They say it creates a professional image."

Last year, an employee suggested reaching out to third-party meeting planners who work with corporate clients. Eved had been concentrating on hotels, but now works with 10 such event planners. Ms. Mashiach estimates those connections will bring as much as 25% of its anticipated $10 million revenue this year.

With the constant flow of ideas, Ms. Mashiach says she has to be careful not to discourage people when their suggestions aren't implemented – and to encourage them to keep trying. Some employees may approach her to complain that an idea wasn't adopted, "which is something we watch carefully," she says. "If they don't get the sense you're listening, it won't last," she says.

Those who see their ideas implemented are rewarded with stars, which also are awarded for other performance-related accomplishments. Each year, the top three star earners are rewarded with lunch with the executive team.

3. Online Document Sharing

The test-prep and subject tutors at C2 Educational Systems Inc. rely on stacks and stacks of books and manuals. A few years ago, when they discovered a teaching tool, or a mistake in a book, they'd fire off emails to the Duluth, Ga., company's headquarters, where curriculum staff struggled to stay on top of the suggestions.

"When we had five centers, it was doable," says C2 chief executive David Kim. Today, C2 Education has 110 centers and 440 tutors. "As we grew, it was harder to keep track."

Three years ago, Mr. Kim began posting teaching materials in Google Docs – a free online service that allows people to create, share and jointly edit documents. He and other employees encouraged tutors around the country log in to the tool to check for new resources and share their thoughts about books, classroom activities and teaching tips. Tutors can also post new materials they've found useful.

C2 tutors can log on and add teaching suggestions and other comments from anywhere. Google tracks changes and saves previous versions of the document.

While some of the updates are nuts-and-bolts suggestions -- better ways to teach fractions, for example -- others have the potential to invigorate the business. At the prompting of a tutor who said parents wanted their children to learn persuasive-writing skills, the company posted a teaching document to its Google Docs page. Tutors downloaded it over and over again, and continually made updates and suggestions. One suggestion: Start a formal debate class.

In May, the company rolled out the debate classes at 24 C2 centers. Parents pay $45 and up per hour for their children to attend. The classes are now bringing in about 10% of C2's revenues.

"Parents thought it was a huge benefit to their children, to further those debate-and-writing skills," says Mr. Kim.

Mr. Kim would like to move from Google Docs to a more sophisticated proprietary system, but so far he hasn't found the time or the money. Another potential problem: The more-innovative suggestions tapered off recently, and the majority of new posts are errors in test-prep books and other routine comments.

"We'd like to get some of that rah-rah spirit back," he says. He's considering compensating employees for the best new ideas.

What Business Owners Should Know About Patenting (WSJ)

What Business Owners Should Know About Patenting

Thomas Edison once said, "To invent, you need a good imagination and a pile of junk." He might have added a third ingredient: a patent. Without one, inventors can't sell, license or protect their creations. Edison understood that very well: He held 1,093 patents, still a record for an American.

For many small businesses, knowing when and how to obtain patents can be confusing. So, too, can be knowing what to claim in the patent and when to sue over infringement and --when not to.

To help clarify these matters, we spoke to James McDonough, an intellectual-property attorney at Fish & Richardson P.C. who specializes in advising start-ups and small companies on intellectual-property strategy and technology commercialization. Mr. McDonough talks about the current climate for patents and looks at the perils companies face and what steps they should take to protect themselves.

WSJ: Is it more difficult to obtain patents than it was five or 10 years ago?
Mr. McDonough: It is getting harder to a certain degree. The [U.S. Patent and Trademark Office] appears to be rejecting claims at a greater rate the first time through. I think that reflects a backlash in response to some of the problems we've seen with the issuance of poor-quality patents and how they are being misused by patent trolls [a derogatory term for a company whose only business is to buy patents to collect license fees or court-awarded-infringement damages].

WSJ: What does it cost and how long does it take to secure a patent?

Mr. McDonough: It's hard to say with certainty how long it will take, but, depending on the technology that's being patented, it can take anywhere from two to five years for a patent to issue. As far as costs, expect to spend anywhere from $10,000 to as high as $30,000 for highly complex technologies. Patentability searches account for up to a thousand of that, application fees can add up to another couple thousand, and the rest is attorney fees for patentability opinions, initial patent drafting, and [Patent and Trademark Office] action responses and appeals.

WSJ: Who doesn't really need to hire an attorney? Who really should and at what point?

Mr. McDonough: The only time I would not advise an inventor to seek counsel from an attorney is if the act of patent drafting is itself a hobby to the inventor and he has no intention of selling the invention. If there is even a remote chance that the inventor will commercialize the technology, he should get an experienced attorney involved as early as possible in the process.

WSJ: Where do most companies go wrong when they're trying to get a patent?
Mr. McDonough: First, a small company may want to start patenting without thinking through its long-term [intellectual-property] management strategy. Before patenting, you should work with a skilled intellectual-property attorney to develop a plan for building your IP portfolio. A common problem we see is a portfolio that is driven purely by research. A good IP portfolio should be designed in a way that accurately covers the business objectives of the company while protecting the technologies around which the company is built and exploiting niches of the technology field that are not yet patented.

WSJ: What's another mistake companies often make?
Mr. McDonough: An inventor may want to apply for a patent at the wrong time. For instance, it may be too early if the invention is not yet developed to a point that it can be sufficiently described in the patent. It is too late if, for example, the inventor publicly used or sold the invention more than a year ago. If it is too early, an attorney might advise the inventor to spend more time researching and developing the invention before patenting, but if it is too late, the invention may no longer be protectable.

WSJ: I've heard some inventors may claim too little or too much in the patent.
Mr. McDonough: Often, an inventor's instinct is to describe his invention by describing its specific parts, which can result in inadvertently limiting the scope of the patent. As a general rule of thumb, the claims should include all possible versions of the invention, which can be accomplished by using broad, functional language in the patent. The inventor and attorney will work together to refine the scope of the patent to ensure it is as broad as possible while still being able to withstand a lawsuit.

WSJ: Is patent infringement more common than it was five or 10 years ago?
Mr. McDonough: I don't know if there's more infringement, I just think that there's more patenting going on. Also, the value of a lot of large companies nowadays is based on their IP.…So now you're seeing companies actively seeking to protect their assets.

WSJ: If a small company believes a large company is infringing on its patents, should it sue?
Mr. McDonough: That's a difficult choice for a small company. It's become a little easier lately because a lot of law firms out there will take on a plaintiff-side patent case on a contingency-fee basis if they think it's a good case. But generally it's pretty difficult to bring an infringement suit against a really large company because of the amount of resources available to large companies as compared to small companies. It is generally accepted in the industry, that a patent-infringement suit can cost $2 million to $4 million in legal fees. So, it's often not ideal for a small company to try to sue a really large company.

WSJ: What are some alternatives to suing for infringement?
Mr. McDonough: You might approach the larger company and offer a license, or attempt to establish a partnership. If a company doesn't have the means to sue now, it might choose to temporarily ignore the infringement and try to get its product to market first to generate sales. Sometimes you have no choice but to bring an infringement suit.

Wednesday, December 10, 2008

The Unwritten Rules of Social Networking (Entrepreneur.com)

The Unwritten Rules of Social Networking

Is your social networking strategy actually costing you customers? Use these strategies to get it right.


URL: http://www.entrepreneur.com/marketing/onlinemarketing/article198998.html

Drumming up a fan base on MySpace, LinkedIn, Facebook or Twitter isn't as simple as sending out friend requests. To find followers, you need to create threads and promote products on social sites. To do so, there are a few unwritten rules of etiquette you should know. Master the etiquette so you can stop sending Super Pokes and start winning over your connected consumers.

Be Patient
It's hard to feel competitive when you're comparing your 50 friends to someone's 5,000, but if you take it slow as you build your social content, you'll fare better in the long run. Don't request friends blindly.

"In most cases, there is no viable mass adding strategy for companies," says Joel Postman, principal of Socialized, a social media consultancy for businesses. "To start off, follow a few people, get referrals and create a network that's useful to you as a businessperson."

Also resist the urge to ask all your contacts to join your network. Tom Lewis, vice president of marketing for imaging toolkits and applications provider Atalasoft, imported his Gmail contacts into Facebook and then asked them all to friend him, sending messages to professional contacts as well as people he didn't know very well. Big mistake. He issued a mea culpa message afterward, calling it a "definite mistake." A better idea is to announce social networks on your site, in your newsletter, or in an e-mail signature, and let contacts come to you.

Be Inclusive
Just because you shouldn't be sending out friend requests to everyone in your address book doesn't mean you should be shy about connecting with networkers that come to you. Don't take a chance on alienating potential customers.

"So long as it's not a spam request from a porn site or get-rich-quick scheme, I will friend anyone who appears to be a real person," Postman says. "For a business, you have to accept every live person because you run the risk of offending a customer."

Be on Message
Once connected, keep your connections' sensibilities in mind. One evening, Brooke Webb, marketing and PR director at Vicinity Manufacturing, started posting to Twitter after a failed client dinner and a few cocktails. She says, "I tweeted several messages that compared my clients and their cities to the adventures of Dante in The Inferno. You know, seventh-circle-of-hell references, and so on."

Even worse, her Twitter account posted to her LinkedIn so all her professional contacts could see what she had written. Webb has since learned to keep her Twittering professional, using it for her company's customer service and encouraging clients to reach out to her directly. She also posts about social media and has some much tamer personal posts.



Your online presence is a very visible part of your brand, so make sure what you say and do online reflects your company's culture. If you're comfortable joking around or sharing details about your personal life, go for it, but as a general rule, Postman says to ask yourself "How would I behave I weren't online?"

Though there's a delete button for a social slip-up, you may never be able to completely fix a misguided communiqué. Last summer, SocialMedian CEO Jason Goldberg Twittered about raising angel investment for his company, possibly running afoul of securities regulations. He tried deleting the Tweet, but in moments, it was captured, published and lambasted on TechCrunch and other blogs.

Be Transparent
When filling out your profile, don't copy and paste your white paper--a few sentences will do. Show some personality by sharing information under your interests, but if you're more comfortable keeping things strictly business, relate everything back to your core message. Also, don't add any Facebook applications your contacts need to add to see--they look unprofessional and can annoy your network. Take charge of your online persona by posting a profile image. If your account is under your name, use a headshot; if your account is your business name, opt for a logo. If you've hired a community manager to handle your accounts, give some information on your site about that person, as well. And always include two-way links, from your social site to your website and vice versa, to help people quickly find and vet you.

Be Tactful
To get some business out of your social networks, it's best not to immediately send new friends offers to download an e-book or to sign up for a newsletter. Be more subtle. Work your promotion into your everyday conversations by telling people about upcoming conferences, responding to questions in your field, or pointing out new and relevant blog posts.

As a general rule, try to match the way your contacts interact with you. Respond to a wall post with a wall post and a message with a message. Most other communication should be done via more passive Twitter or status updates. Postman says, "What works is being genuine, not being a hype machine."

Be Alert
To improve your brand standing, search for complaints or problems about your business, and respond in a helpful way, without necessarily adding the person as a contact. For example, Comcast has a ComcastCares account on Twitter that responds to complaints and provides customer service right in the platform. By empowering a community manager to listen and respond to complaints, you're taking a big step toward winning over customers.

Tuesday, December 9, 2008

Small Stores Find Ways to Drum Up Traffic (NYT)

Small Stores Find Ways to Drum Up Traffic

The owner of a futon store outside San Francisco started running comedy shows. A comic book shop in Florida held art shows. And a lingerie shop in New Mexico is planning a men’s night later this month.

Small businesses are always searching for ways to differentiate themselves. But with fewer people out buying, some of the businesses are doing whatever they think will draw in customers.

“This is a buyer’s strike,” said Eric G. Flamholtz, a professor emeritus of management at the Anderson School of Management at the University of California, Los Angeles. “People are holding back and not spending any money. So you have to give them a reason to come.”

Holding special events also can be far less expensive than regular advertising. And in a slowing economy, advertising and marketing budgets typically get trimmed. A recent National Small Business Association survey of its members found that 49 percent planned to start new advertising or marketing this year, down from 54 percent in 2007.

“They’re trying to market with little or no extra money,” said Molly Brogan, the association’s vice president of public affairs. “People are doing more on the Internet, any free thing they can.”

Deborah Reese, who owns a lingerie shop in Albuquerque, said she opted not to increase her advertising budget this year for the first time since she opened the shop, Seventh Goddess, four years ago. Instead, she said, she developed a new Facebook page and is encouraging employee blogs. She is also planning an array of events, like a recent “Sex and the City” pajama party in which customers sat on pillows for manicures and facials. Men’s night is coming up later this month, where employees model the store’s offerings and offer “man food.” And there will be an erotic poetry reading on Valentine’s Day.

“Events are cheap publicity,” Ms. Reese said. “People who ordinarily wouldn’t come, come. You just have to spring for the munchies and drinks.”

The parties are also good for sales. Ms. Reese sold dozens of pajamas at her “Sex and the City” event and hundreds of pairs of underwear and bras at a men’s night last December. She said she always offered discounts at the special events and a portion of her sales went to local charities.

Nor are the special events just for young businesses. Even well-established businesses, like Mary’s Futons in San Rafael, Calif., have been feeling the pinch. Fewer people are buying new futons, and more futons are being brought in for repairs. Mary Hughes, the owner, said she thought a comedy show would be the perfect thing to do because “everyone loves comedy and I wanted to meet women.” A theatrical producer was less than convinced.

“ ‘Lady, are you crazy?’ ” Lisa Geduldig, the producer of Kung Pao Kosher Comedy in San Francisco remembers telling Ms. Hughes. “ ‘I don’t do little futon stores; I do professional venues.’ ”

But after Ms. Hughes cornered her and begged her to do one show, she finally agreed. The first, “An Evening of Lie-Down Comedy,” was held in March and did so well, they added a second. When that one sold out, they added another. That, too, sold out. Proceeds from the tickets go back to the comedians and Ms. Geduldig. If more than 100 people attend, Ms. Hughes gets a small percentage of the ticket sales.

“I get the publicity and that’s worth more than the money,” Ms. Hughes said, though in a later interview she said she was taking over management of the shows.

One recent Sunday night, a hundred people milled around the futon store, nibbling on cake and catching up on gossip. A window display had been turned into a stage, 30 futons were turned to face it and salespeople were doing sound checks. Raffle tickets for a water fountain and beanbag chair were being sold at the door and a line of people snaked away from a sales counter doing service as a concession stand.

Ms. Geduldig threaded through the crowd to the stage, clambered on top and welcomed everyone to the show. “This is a futon shop,” she said. “Feel free to fall asleep.”

Everyone laughed. The show had begun.

But for every successful event, there are others that do not work out. Ms. Hughes thought she could draw 100 people to her store for a holiday sing-a-long last December. Only a few people came. At Seventh Goddess, Ms. Reese assumed a poetry writing workshop on Valentine’s Day would fill her store. Two people showed up.

Mr. Flamholtz, who is also a business consultant, said store owners should be cautious about getting into the events business. “The problem is that business owners want to diversify, but they’ll diversify into something they don’t know anything about,” he said. “They have to add products and services that make sense around their core.”

Outside events can quickly become a second business, and are rarely as simple as they appear, said Martin Lehman, a counselor and marketing director for Counselors to America’s Small Business, or Score, in New York. If a business owner wants artists to perform or exhibit their work, the business has to provide an incentive and make sure the event does not erode its brand, Mr. Lehman said. Ms. Reese noted that there were snacks to buy, bloggers to contact, community calendars to update and fliers to hand out.

Kimberly Smith-Johnson, who owned a comic book store, turned to her customers and local artists for help in putting on monthly art shows. As a former drama teacher, she turned them into her stagehands. They handed out fliers and blogged about her store.

“Events have been the best marketing tool, but they have to be genuine,” said Ms. Smith-Johnson, whose business was Comics & Classics in Jacksonville Beach, Fla. “It has to be about the artist and the event, not about bottom-line sales. People will pick up on the tone if it’s not.”

The events could not save her business, and Ms. Smith-Johnson and her husband, Percy, closed the store a few weeks ago. Even though many of their comic books were inexpensive, the Johnsons could not overcome one basic problem: they opened a new store right before the economic downturn.

“We got loved to death, but people just weren’t purchasing enough to keep us going,” said Ms. Smith-Johnson, who starts a new job as an eighth-grade teacher on Monday. “We ran out of capital. Between the banks, credit cards and people not spending, we got squeezed in the middle.”

Ms. Hughes, on the other hand, seems to have hit the right note with the comedy shows. At the September show, futons were crammed with four people each, many of them laughing. One woman yelled out, “This is the hardest I’ve laughed in a long time.”

Some said they could not believe where they were. “This is a store I’d never come into and here I am,” said Grace Flannery, from Novato, Calif. “I’m looking around at these futons and they’re a lot nicer than I thought.”

Other customers seemed to agree. After some of the shows, audience members have returned to buy the exact futon they sat on.

Wednesday, December 3, 2008

Brand Makeovers: 3 Lessons in Reinvention (Entrepreneur.com)

Brand Makeovers: 3 Lessons in Reinvention

Target, Apple and Jack in the Box reinvented their brands through damage control, brand differentiation and broadening appeal. Put their strategies to use for your business.


URL: http://www.entrepreneur.com/marketing/branding/article198836.html

Brands are like beauty queens: even the most illustrious need makeovers from time to time.

Big names overhaul their brands to boost sales by getting back in touch with their original identity, or forging a new and improved one. Not so long ago, Target competed directly with other discount big-box stores. Today, it has a distinct image, affluent customers and powerful market share. Apple was once pigeonholed as appealing to only artists and designers--now the consumers of iTunes, iPods and iBooks crisscross age, income and professional demographics. Following a fatal E. coli outbreak, fast-food chain Jack in the Box's sales slipped faster than a greasy hamburger wrapper down a garbage chute. Since the brand's makeover more than a decade ago, revenue has soared.

Brand makeovers needn't be only in response to dire circumstances. In fact, successful companies of all sizes should revamp their image periodically, says Allen Adamson, managing director of the New York office of Landor Associates and author of BrandDigital: Simple Ways Top Brands Succeed in the Digital World.

"You need a brand makeover when the marketplace tells you so directly: Sales are slowing and market share is shrinking," Adamson says. "But it's often too late to change things when they are really off. You have to catch it just at the tipping point when things are going great, but the increases are diminishing and momentum is giving out."

Entrepreneurs can learn from the big guys who successfully overcame such challenges.

Apple: Broaden Appeal
Apple may get credit for bringing the personal computer to the masses, but for many years, its high prices and hodgepodge of software and operating systems meant the brand was accessible to few outside the design world. A hip clientele, to be sure, but a limited one. Easy-to-use and affordable PCs, meanwhile, were accessible to the masses.

Apple's brand makeover resulted in broadening its potential market share, Adamson says. "Apple got back to its core DNA, which wasn't about a piece of technology or a piece of software. It was about ease and elegance of use. Ease of use became the lens through which they put everything."

In 1998, Apple introduced the iMac, an all-in-one computer packaged in a slick design unlike one the market had ever seen, garnering loads of press and sales of 800,000 units in five months. Three years later, Apple introduced the iPod, followed by its retail stores and iTunes. The blockbuster product solidified Apple's new easy-to-use mantra.

"iTunes was the hero product," Adamson says. "They took the simplest idea: 'Easily take music where I want,' and made it accessible. Look at the iPod--no one needs to read the instructions. It is totally intuitive."

This ease of use is translated to the packaging (open the box, the iBook is ready to go), shopping experience (no competing brands to confuse the shopper) and customer service ("Apple owns the problem," Adamson says. "The software people are not blaming the hardware people.").

Target: Differentiate
Just a few years ago Target competed directly with other discount big-box stores Wal-Mart and Kmart. All were low-cost--and low-style.

Target has been enormously successful at differentiating itself from its competitors by revamping its brand into one of high-quality, fashion-forward products, while maintaining its low prices, according to Alina Wheeler, marketing consultant and author of Designing Brand Identity.

"Ten years ago people thought design had to cost a lot and lived only in Europe," Wheeler says. "Target used the democratization of style to differentiate its brand. Every touch point in the shopper's experience reflects that difference."

Today, Target features products by celebrity designers like Michael Graves, Liz Lang and Isaac Mizrahi. The brand's high-style doesn't stop at clothes and housewares. The wide aisles, clean displays, cherry-red signature color throughout the stores and marketing materials speak to the brand's design consciousness. The food courts are home to another fashion-forward brand, Starbucks, and the cosmetics department is anchored by a house brand by celebrity makeup artist Sonia Kashuk--solidifying the brand's department store feel.

Jack in the Box: Damage Control
Six months after food poisoning killed four Jack in the Box diners and sickened hundreds, sales were down 40 percent. Two years later, a makeover saved the company, whose revenue has tripled since 1995.

Patrick Adams, managing director at Secret Weapon Marketing, the Santa Monica, Calif., firm that created the advertising campaign credited with much of the makeover's success, says the comeback strategy was three-fold: fess up, fix the problem, come back with a new image.

"They went way beyond the rules in place to prove they were serious about fixing the problem," Adams says.

Immediately after the outbreak, Jack in the Box held press conferences and was responsive to reporters' questions about investigations into the contaminated food. Then, the company implemented a complex food safety program designed by NASA--an effort that helped earn the chain a health safety award from the state of California.

Jack in the Box began to thrive once Secret Weapon Marketing came in 18 months after the catastrophe and suggested advertising efforts be geared toward the largest target consumer group: young men, who make up the bulk of fast food sales. The resulting, irreverent ads featuring a cheeky, "slightly pissed off" clown "broke all conventions of fast food advertising," Adams says. The target demographic loved them.

Emma Johnson writes the MSN Money multimedia series "Launch your Life" which explores personal finance topics for people in their 20s and 30s.

Tuesday, November 25, 2008

How to Make a Powerful First Impression (Entrepreneur.com)

How to Make a Powerful First Impression

Learn the art of presence and small talk from communications experts who swear you can do it even if you don't think you can.


URL: http://www.entrepreneur.com/startingabusiness/selfassessment/article198622.html

If it's true that time is money, then it's small wonder business owners find they can never truly clock out. Wherever they go and whomever they meet, entrepreneurs are walking billboards for their companies.

In a tough economy, where advertising budgets are cut to the bone, that kind of person-to-person marketing is more important than ever. But if you're a billboard, how can you be sure you're communicating the right message? How do you get people to notice you without offending, boring or confusing them?

Body language
Lillian Bjorseth, a communications consultant and author of Breakthrough Networking, says people decide many things about you within 10 seconds of seeing you--usually before you even open your mouth. That's why entrepreneurs should always be conscious of their aura, she says.

"The aura is the area around you that you create by what you wear, how you act, how you look," she says. "It all goes together to make one impression. You could wear a very expensive suit, but if you stand slumped over with your head down, you won't give a confident aura."

Though every person's aura is complex and unique, Bjorseth says entrepreneurs can focus on a few simple, non-verbal priorities to appear confident and in control. First, don't slip into a room "all smiles." Instead, "claim your space" in the room by planting your feet six inches to eight inches apart, one slightly ahead of the other--a stance that will make you feel grounded and confident.

After you've established eye contact, Bjorseth says a smile will create an upbeat, positive environment. Maintain eye contact 85 percent of the time during a conversation, she recommends. Doing so will make you seem trustworthy and it will demonstrate that you're interested in what the other person has to say.

To avoid a fumbling introduction, Bjorseth says every entrepreneur should have in mind a "verbal business card"--a quick, 30-word summary of who you are and what you can do. Focus on benefits for the other person rather than job titles or even company names, she recommends. "You want to make sure people remember you as opposed to others who do the same thing you do."

Conversation
When it's time to move beyond the handshake stage, simple conversational skills are the key to a successful first meeting, says Rosalie Maggio, bestselling author of How to Say It and The Art of Talking to Anyone.

"Prepare in advance, then just try to forget yourself," she says. "Being too self-conscious is the quickest way to shoot yourself in the foot. Remember that it's about the other person--that's the best possible way to make a positive first impression."

To help shift focus to the other person, Maggio says a bit of small talk is appropriate in almost every setting. When meeting someone new, the conversation should resemble a tennis match, with each participant taking a quick swing before sending it back to the other person. Too many Americans confuse their sports metaphors, treating a conversation "more like golf, where you just keep hitting your own ball over and over again . . . If you've talked for more than a minute, it's too long."

From formal pitches to impromptu meetings at a trade show, no two conversations will ever be the same. But Maggio says one element is critical no matter what the setting: the ability to show appreciation.

"In every conversation, include at least one appreciative remark," she says. Praise the other person's business acumen, charity work, or even her taste in shoes. As long as the appreciation is brief, sincere, and specific, the feeling will be remembered long after the words are forgotten."

Voice
Beyond body language and conversational skills, the actual tone of your voice is an important part of the impression you create, says Sandra McKnight, owner of Voice Power Studios in Santa Fe, N.M.

"In face-to-face conversation, the other person first sees you, then hears the tone of your voice, and only then listens to your words. It can create a negative impression very easily if you're not in control of the way you speak."

Entrepreneurs who speak in monotone will be perceived as uninspiring, while those who speak too quietly will come across as uncertain. But the most common problem, McKnight says, is speed-talking, which dilutes the message and makes the speaker sound anxious.

"Bright people have a tendency to talk fast because their minds move fast," she says. "But it's not about data dumping. It's about communicating so that you're understood."

To ensure that you're speaking at the right pace, McKnight suggests reading aloud from a book for 60 seconds. When time is up, go back and count the words in the selection you just read. The ideal speaking pace, she says, is about 145 words per minute--but don't forget that you probably speak even faster than you read.

The keys to creating a positive first impression aren't secrets that are hidden away and accessible only through visits to an oracle or a high-priced seminar. Body language, conversation and voice are three of the most important aspects of a first impression. The bad news is too many people think they lack skill in these areas. The good news is that most anyone can practice each of them and master their first impression.

Avoid Legal Time Bombs (Entrepreneur.com)

Avoid Legal Time Bombs

Learn whether your business is vulnerable to getting sued. Find the holes in your business, and stop lawsuits before they start.


URL: http://www.entrepreneur.com/management/legalcenter/article198352.html

If you own a business in the U.S. long enough, there's a strong likelihood that your business will be sued. When that happens, it will cost you a fortune to defend that lawsuit. And that's if you win.

So as a business owner, it's your responsibility to do something about it before it happens to you. For example, if you were afraid of a fire in your home, you'd ask a fire fighter for fire prevention tips. If you were worried about having a heart attack, you'd consult your doctor about preventive medicine. So it's only rational that if you're living in fear of being sued (and losing), you should ask a lawyer how you can improve the odds that you'll not only win, but also avoid a suit entirely. It's called "litigation avoidance" or "preventive lawyering."

An experienced litigator who focuses on litigation avoidance can help you find the "legal time bombs" that may be ticking in your business. A few examples follow:

Employment law is hot, particularly "wage and hour" suits, involving how employees are classified, what they're required to do, and how and when they're required to do it. It's a business nightmare. The traditional mainstays of employment litigation include wrongful termination, discrimination in hiring and/or firing and sexual harassment. This has all become big business for plaintiffs' lawyers, and thus every business in America is a potential target. Have experienced counsel audit your employment practices and advise you if and where there are ticking time bombs.

Intellectual Property (IP) is another hot area. Businesses can profit from having an IP attorney audit business practices for two reasons: to find out if you may be infringing someone else's IP and also whether you may have some IP you don't even know about (eg., a trademark). It's especially important to follow strict procedures to protect any trade secrets you own, so that when a former employee tries to misappropriate them, you can stop him cold. But you can do so only if you've prepared for that fire before it starts.

Contracts Management--Every business has contracts, and they contain obligations. Often, those obligations can make you a fiduciary, such as where you are holding and distributing money for others, as happens in businesses that employ subcontractors. Fiduciaries are required to act with the highest degree of loyalty and care. But often, particularly when a business is growing rapidly, employees with knowledge of these obligations will leave. Unless you have specific procedures in place to ensure the transition of this knowledge, new employees may default on the firm's obligations. Serious trouble can follow.

Electronically Stored Information (ESI) is everywhere. Every modern business should have a document retention policy. If you don't, or you don't follow the one you have, you may become the butt of those "smoking gun" stories that are passed around, ironically, on the internet. The consequences can be grave. A lawyer can help entrepreneurs decide what kind of documentation policy is ideal for them.

Fraud is rampant in American business. More than $650 billion (or 5 percent of GDP) is lost annually to employee fraud and abuse, with nearly one in four frauds causing loss in excess of $1 million. Your business isn't immune, and fraud is rarely discovered by someone going over a compliance checklist. Know what to look for and how to implement internal controls to prevent fraud.

There are as many potential ticking, legal time bombs as there are businesses in this country. Look for yours and find them before a potential plaintiff does.

NOTE: Nothing contained herein may be considered legal advice or counsel of any kind.

Patrick A. Fraioli, Jr. is a partner in the Los Angeles law firm of Moldo Davidson Fraioli Seror & Sestanovich LLP and chair of the firm's litigation department. He advises companies on legal issues, emphasizing preventive lawyering and litigation avoidance strategies.

Connect the Branding Dots (Entrepreneur.com)

Connect the Branding Dots

Logos, websites and marketing materials have to work together to create a positive impression--and put money in your pocket.


URL: http://www.entrepreneur.com/marketing/branding/imageandbrandingcolumnistjohnwilliams/article198380.html

The look and feel of your logo and website can put lots of money in your pocket, but the way the dots connect may surprise you.

Start with the idea that your potential customers don't really know you. They don't know if you're well-established or fly-by-night. They don't know if you're honest or if you treat your customers well. They don't know if you're a solid professional.

People pick up clues from the way your logo, brochure and website look. It's human nature. Think about going to the office or to a party: You can tell at a glance if a new arrival is someone you'll want to get to know by his or her dress and body language. In an instant, you've formed your first impression.

This human habit evolved to let your human ancestors stay alive long enough to bear children. If you could tell predator from prey at a glance, you were more likely to eat and not be eaten. Today, this well-honed at-a-glance sense is used less for physical survival than for making purchase decisions.

Visual branding is about harnessing this at-a-glance sense to boost your business success. It’s about using your business’s “dress and body language” to attract more customers. Think of an amateurish, overly complicated website for a used car lot as opposed to a clean-looking one that still gets the message across. What does each website tell you about the business? At a glance, you know where would you rather shop and which business you're more likely to trust.

Trust means your future customers believe you're likely to be honest and competent, and will deliver a good experience. Sometimes trust comes from friends telling friends they had a great experience. But most of your future customers won’t have word-of-mouth to rely on. They have to decide on their own whom to trust. That’s the mission of your logo, website or brochure, to create your business dress and body language--your visual branding.

Now take it a step further. Gaining your potential customers' trust and belief can also be called credibility. The more credibility you build, the more likely they will buy from you. The word “credibility” comes from credo, Latin for "I believe." Not coincidentally, the word "credit" also comes from credo. You can obtain lots of credit when lenders believe in you and your ability to repay. That’s not all. The money in your wallet is backed by “the full faith and credit” of the U.S. government. If it wasn't for this belief, greenbacks wouldn't be worth the high-tech paper they're printed on. So our entire economy--and your business in particular--are built on a foundation of credibility. That's how important visual branding is, and your expression of it in your logo, website and brochures.

Here are a few basics to help your business look credible:

  1. Go for simplicity and lack of clutter. (Think Apple, the master of simplicity in branding.)
  2. Create or demand a clean, well-balanced graphic design.
  3. Use one or two basic colors that go well together, not a hodgepodge.
  4. Choose one font and stick with it. You can express almost anything by using variations within a single font family: size, weight (boldness), italics, etc. If you really must, choose a second font for major headlines. But first try it with one font.
  5. Coordinate a single look--design, colors, etc.--across everything you do, including your logo, website, brochures, ads and signage.

Give your business the dress and body language that will tip off your future customers so they can believe in you. Harness their highly evolved, at-a-glance sense to build instant credibility. Credibility equals credit, and that can put lots of money in your wallet.

John Williams is founder of LogoYes.com, the world’s first and largest DIY logo website. In his 25 years in advertising, he has created brand standards for Fortune 100 companies like Mitsubishi and won numerous international awards for his design work.

The Cash-Strapped Turn to Barter (NYT)

The Cash-Strapped Turn to Barter

CAUGHT in the credit vise of 2008 that is threatening their livelihoods, small-business owners are turning in droves to an age-old source of commerce: the exchange of goods and services, or barter, to hold on to their precious cash.

New money is not flowing to Main Street. Since October 2007, there has been a decline of almost 30 percent in loans approved for small businesses, the Small Business Administration reported.

Companies short on cash are often forced to let workers go, and in October alone companies with 50 or fewer workers eliminated 25,000 jobs, according to the ADP Small Business Report.

“During recent history, we have seen these businesses adding jobs while larger-size businesses shed them,” said Joel Prakken, chairman of Macroeconomic Advisers, which prepares the report. This is the first decline in small-business employment reported by ADP since November 2002, he said, and the largest percentage decline since the economy was emerging from recession in early 2002.

In response, barter exchanges are working hard to sign up participants. The exchanges range from publicly traded entities like International Monetary Systems and the Itex Corporation to smaller operations like U-Exchange.com. Many are reporting double-digit increases in membership, as well as a bump in transactions.

At Itex, for example, registrations jumped 36 percent in October, said Steven White, the chairman and chief executive. The exchange, founded in 1982, has more than 24,000 member businesses.

Bartering has grown with the times and is now much more than “I’ll take yours, if you take mine.” Often, these days, multiple parties meet through online exchanges and amass credit that can be used for future transactions (more like “you take mine and I’ll take someone else’s later.”) Drawing on the reach of the Internet, many exchanges include participants from around the world.

What makes barter so appealing during an economic crisis? Barter specialists point to three attributes. First, a member business can find new customers and use excess capacity. Second, a satisfied barter partner often refers cash-paying customers to the small business. And third, the participants can conserve hard-to-come-by cash.

Ken and Angela Lineberger, owners of the Wine Tailor winery and retail store in Rancho Cucamonga, Calif., said sales would be flat this year had they not been active in the Itex exchange. Thanks to bartering, overall sales are up 8 percent, Mr. Lineberger said.

These are customers who wouldn’t normally seek out their wine, Mr. Lineberger said. “We just had a couple drive over 100 miles to buy six cases of our wine because they’re Itex members,” he said.

Itex customers pay the full retail price, he added; they are not discount buyers. The Linebergers use Itex dollars they accumulate in sales to pay for pest control, electrical work, accounting and legal services. “It’s nice to move those over to Itex,” he said, because it frees cash. They also use it for vacations and other personal transactions.

For tax purposes, barter is treated like ordinary sales, and its value must be reported. The barter exchanges record all transactions and report them to the Internal Revenue Service. Of course, informal bartering among small companies and independent contractors has gone on for decades, and some report the revenue and pay taxes, while others prefer to operate within the underground economy.

Bartering is estimated to generate more than $3 billion through exchanges in the United States, said Robert B. Meyer, who edits BarterNews.com, a trade publication. That does not include corporations that barter directly, he said. Official tallies are hard to come by, he said, because there are more than 250 exchanges and the systems are decentralized.

Hundreds of exchanges are available online, some national and some regional. Some charge membership fees and annual fees, while others do not. Often, there are transaction fees of up to 6 percent.

Small-business owners should do the normal due diligence when looking for an exchange, said David Wallach, president of the International Reciprocal Trade Association’s global board. For references, check with people or businesses in your area that use an exchange, and before entering into a transaction, vet your potential partner with the Better Business Bureau. The association, a nonprofit group that promotes barter and trade, has a test for businesses, “Is Barter for You?,” on its Web site (irta.com).

Chris Keogh, who runs his own construction firm, Jade Stone Construction, in Pearl River, N.Y., just completed his first barter transaction through International Monetary Systems (imsbarter.com).

“The construction business has always been feast or famine,” said Mr. Keogh, 47, a native of Dublin who has been in the New York region for 22 years. During a recent bad stretch, Mr. Keogh was scrambling to drum up new customers through advertising, Craigslist and even roadside signs. I.M.S. Barter saw the Craigslist post and contacted him. After he researched the company, Mr. Keogh said, he decided to give it a try, agreeing to paint a house for $5,000 — $1,000 in cash and $4,000 in I.M.S. trade dollars.

Mr. Dalsimer subsequently referred Mr. Keogh to two new customers. One of them will provide Mr. Keogh’s next project, painting a two-bedroom apartment in Somers, N.Y., in another part-cash, part-barter arrangement.

“You have to be careful how much you trade,” he said, because you don’t want your business to become dominated by bartering. And each side of a transaction carries that 6 percent fee, cutting into profit. Experts recommend that a business use barter for no more than 5 to 15 percent of sales to avoid crowding out cash business.

Many barter exchanges offer credit to members who have been turned away by lenders in the real economy; in its recent credit-line review in October, International Monetary Systems issued $2.7 million in trade credit to its network of 18,000 businesses, adding to an existing $55 million in established credit lines, said Krista Vardabash, its director of marketing.

“We base our credit on the products and services that the member businesses have to offer, not on their cash accounts or how they look on paper,” said Donald Mardak, the chief executive.

To be sure, bartering is not mainstream, said John C. Moore, a founder of U-Exchange.com. Still, traffic at the site, which is run by Mr. Moore and his co-founder, Barb Di Renzo, has spiked 70 percent this fall, he said, with an influx of participants from Spain, South Africa, Britain and the United States.

One new member at U-Exchange is R House Construction, owned by Rich Rowley of Tacoma, Wash. In a recent post on U-Exchange, he offered new home construction, remodeling, home repairs, real estate work orders, home maintenance and commercial improvements. In exchange, Mr. Rowley is looking for vacations, real estate, homes, land, dining, medical care, dental care, a boat, a motor home, groceries, gas, entertainment, a ski pass and tickets to Mariners baseball games or Seahawks football games.

So far he has had no takers, but he said he remained optimistic. “We have to learn to adapt to the changing landscape,” Mr. Rowley said. “Part of that is bartering. The exciting thing is this is another part of the puzzle that gets us to where we’re going.”

His wife, Kathy Robinson, came up with the idea of bartering as their business dropped off, said Mr. Rowley, who usually builds two houses a year and sells them. This year, he sold only one house; the other remains empty.

Even if the U-Exchange post does not work out, Mr. Rowley said, he has arranged privately to do renovation work on a vacation home in Ocean Shores, west of Seattle, while he and his wife stay in another beach home. “We really like to travel,” he said. “We don’t want to be denied that just because the economy is going south.”

Can I Operate my Business as a Non-Profit? (Entrepreneur.com)

Can I Operate my Business as a Non-Profit?

Probably not, but it's important to understand exactly what one is.


URL: http://www.entrepreneur.com/management/legalcenter/legalissuescolumnistjeffreysteinberger/article198326.html

People own and operate various business entities. Some organizations operate as non-profits. What is a nonprofit? Can you conduct your business as a nonprofit?

The answer is that a business organization cannot be operated as a non-profit, although some non-profits may look like businesses. Generally, the purpose of a business entity is to benefit the owners or principals of the business by earning them a financial profit. A for-profit business organization can take any of the common legal forms, such as corporations, limited liability companies, partnerships and joint ventures. Thus, a for-profit corporation exists to financially benefit its stockholders by the payment of dividends, and an unincorporated entity, such as a partnership, exists to financially benefit its members by the distribution of income.

Rather than earning a profit for its owners, a non-profit is an organization that has no owners and that has as its purpose the promotion, advancement and achievement of a specific mission. Like a business, a non-profit can take the form of a corporation or an unincorporated group of persons banded together to achieve their mission. The missions of non-profits can be as varied as the human experience. For example, non-profits are formed to advance local, national or international missions such as charitable work, disease prevention, humanitarian relief and environment goals. Non-profits also can be as simple as a group of concerned citizens who want to fund a neighborhood watch or parents who have bake sales, car washes, or pancake breakfasts to earn money to finance their children's little league teams or scout troops. In each of these cases, the mission is not to enrich the operators of the charities or the involved parents, but to accomplish a mission.

A properly organized and operated non-profit that serves the public interest may be exempt from state and federal income taxes. To ensure eligibility for non-profit status and tax exemption and to avoid abuse, state and federal accountability rules must be followed, including reporting requirements and control by a disinterested or independent board of directors.

If a non-profit wants to receive tax-deductible contributions, the mission must be broad enough to benefit the general public. If the purpose is charitable but only a limited number of people are helped, the non-profit may be exempt from income taxes, but not be able to receive tax-deductible charitable contributions. For example, non-profits called "mutual benefit" organizations can benefit their members, such as condominium associations or social clubs. Other non-profits may benefit businesses or residents of certain geographical areas, such as chambers of commerce and professional associations (e.g., the American Medical Association). Since these non-profits benefit individuals to a large extent instead of benefiting society at large, they may be exempt from income taxes, but donations are not likely to be charitable deductions.

Non-profit does not necessarily mean free labor. While many nonprofits are driven by self-sacrificing volunteers, there is no legal reason why suitable offices may not be maintained or why officers and employees may not receive substantial salaries and the usual employee benefits, so long as the compensation is reasonable and appropriate given the mission, the activities of the non-profit and the efforts of the employees on behalf of the organization.

Serving the public good and advancing worthy causes has rewards for the individual and for society. Bear in mind, however, that non-profits are governed by federal and state laws, rules and regulations. The latter vary from state to state. Altruism must be tempered by prudence, and it is always prudent to seek and rely upon knowledgeable tax and legal advisers when undertaking any substantial activity.

Jeffrey Steinberger is a veteran trial attorney and the founder and senior partner of The Law Offices of Jeffrey W. Steinberger, a Professional Corporation in Beverly Hills, California. He is also a renowned celebrity attorney, TV legal commentator and analyst, federally appointed SEC arbitrator and professor of law.

Avoid Legal Time Bombs (Entrepreneur.com)

Avoid Legal Time Bombs

Learn whether your business is vulnerable to getting sued. Find the holes in your business, and stop lawsuits before they start.


URL: http://www.entrepreneur.com/management/legalcenter/article198352.html

If you own a business in the U.S. long enough, there's a strong likelihood that your business will be sued. When that happens, it will cost you a fortune to defend that lawsuit. And that's if you win.

So as a business owner, it's your responsibility to do something about it before it happens to you. For example, if you were afraid of a fire in your home, you'd ask a fire fighter for fire prevention tips. If you were worried about having a heart attack, you'd consult your doctor about preventive medicine. So it's only rational that if you're living in fear of being sued (and losing), you should ask a lawyer how you can improve the odds that you'll not only win, but also avoid a suit entirely. It's called "litigation avoidance" or "preventive lawyering."

An experienced litigator who focuses on litigation avoidance can help you find the "legal time bombs" that may be ticking in your business. A few examples follow:

Employment law is hot, particularly "wage and hour" suits, involving how employees are classified, what they're required to do, and how and when they're required to do it. It's a business nightmare. The traditional mainstays of employment litigation include wrongful termination, discrimination in hiring and/or firing and sexual harassment. This has all become big business for plaintiffs' lawyers, and thus every business in America is a potential target. Have experienced counsel audit your employment practices and advise you if and where there are ticking time bombs.

Intellectual Property (IP) is another hot area. Businesses can profit from having an IP attorney audit business practices for two reasons: to find out if you may be infringing someone else's IP and also whether you may have some IP you don't even know about (eg., a trademark). It's especially important to follow strict procedures to protect any trade secrets you own, so that when a former employee tries to misappropriate them, you can stop him cold. But you can do so only if you've prepared for that fire before it starts.

Contracts Management--Every business has contracts, and they contain obligations. Often, those obligations can make you a fiduciary, such as where you are holding and distributing money for others, as happens in businesses that employ subcontractors. Fiduciaries are required to act with the highest degree of loyalty and care. But often, particularly when a business is growing rapidly, employees with knowledge of these obligations will leave. Unless you have specific procedures in place to ensure the transition of this knowledge, new employees may default on the firm's obligations. Serious trouble can follow.

Electronically Stored Information (ESI) is everywhere. Every modern business should have a document retention policy. If you don't, or you don't follow the one you have, you may become the butt of those "smoking gun" stories that are passed around, ironically, on the internet. The consequences can be grave. A lawyer can help entrepreneurs decide what kind of documentation policy is ideal for them.

Fraud is rampant in American business. More than $650 billion (or 5 percent of GDP) is lost annually to employee fraud and abuse, with nearly one in four frauds causing loss in excess of $1 million. Your business isn't immune, and fraud is rarely discovered by someone going over a compliance checklist. Know what to look for and how to implement internal controls to prevent fraud.

There are as many potential ticking, legal time bombs as there are businesses in this country. Look for yours and find them before a potential plaintiff does.

NOTE: Nothing contained herein may be considered legal advice or counsel of any kind.

Patrick A. Fraioli, Jr. is a partner in the Los Angeles law firm of Moldo Davidson Fraioli Seror & Sestanovich LLP and chair of the firm's litigation department. He advises companies on legal issues, emphasizing preventive lawyering and litigation avoidance strategies.

Can You Buy a Big Franchise? (Entrepreneur.com)

Can You Buy a Big Franchise?

Can a small fish survive in a big pond? Yes--even in this economy, big franchises are seeking single-unit franchisees just like you.


URL: http://www.entrepreneur.com/franchises/franchisecolumnistjaneanchun/article198292.html

Once you realize the appeal of joining a big franchise, the next logical question is: "Is it possible for me?" Even if you're extremely interested in buying a McDonald's or Subway or 7-Eleven, will those big-name players want to sell to you, Joe the Franchisee?

Absolutely, says Hardy Grewal, a longtime Subway franchisee and Subway's development agent for Los Angeles County and Orange County, Calif. The chances for a regular guy to buy into a big brand like Subway "are there, if you have the capital and the background we're looking for," says Grewal, who receives about 4,000 applications every quarter. "We are still approving new franchisees now--maybe not to the extent as when the brand was growing originally, but there are always new opportunities. Plus, people in the system may want to retire and sell stores, so we're always looking into our pool of qualified people. "

Contrary to conventional franchising wisdom, Subway does seek the entrepreneurial spirit in new franchisees, Grewal says. Investors? Not so much.

"I sift out doctors or engineers who are looking for a second income," he says. "We want people involved in the day-to-day and who want to expand the brand."

Even in the current financial crisis, "don't expect the larger and more experienced or important brands to panic and take in any candidate that simply has the money to open," says Michael H. Seid, founder and managing director of franchise advisory firm Michael H. Seid & Associates and co-author of Franchising for Dummies.

In fact, single-unit franchisees might find an upside to the economic downturn. "Many franchisors are going to be challenged for the next nine months to a year," Seid says. "A solid single-unit franchisee will be attractive to them to help meet their current growth projections."

What, specifically, will make you attractive to franchisors? "Come to the table with the needed capital and an ability to qualify for a loan--that's what franchisors need right now from a prospective franchisee. For the next year, available liquid capital will play a very important role in candidate acceptance," Seid says. "Franchisors also look for background and experience, but not necessarily in a related industry. How well you've done in your career is an indication of future performance. And show you understand the brand and the culture of the franchise system, and be respectful, even excited, about joining the system."

Also understand that research is all the more important now--even the biggest franchises could be eventually affected by the economy, some for better, some for worse. "This downturn will positively affect those brands with quality offerings at a lower price point," Seid says. "But high-end restaurants and hotels will face some issues in the coming year."

What's Grewal's best advice for franchisees looking to succeed in a big franchise? Go for it in the due diligence phase, as he did when he bought his first Subway location.

"Instead of going to the financials right away, I talked to at least 10 franchisees in the system, asking their honest opinion about any problems," he says.

Also, ask questions about guarantees on leases and visit websites of franchisees--even the unhappy ones. Grewal says discontent franchisees are common in any large system.

"There will always be one or two franchisees [who are disgruntled]. If you visit 10 stores and they all say they want to sell, then that's when you shouldn't touch a franchise."

Once you join a big franchise, Grewal recommends maximizing your opportunity by staying open to growth.

"Some people buy one or two stores because they want to count the cash themselves every day. They don't want to delegate," he says. "I had the ability to do that."

Because of that ability, this Indian immigrant rose from buying one franchise to owning 25 to overseeing 700.

"I couldn't have dreamed of getting to where I am today without franchising," Grewal says. "I'd probably be an accountant making nowhere near what I'm earning now. It was through franchising that I was able to accomplish the American Dream."

Entrepreneur.com readers: How did you finance your franchise? In this tight credit market, franchisees have to be more creative than ever in financing their franchise. What is the most creative approach you took to find franchise funding, or what is the most creative financing story you've heard from another franchisee?

E-mail your stories tojchun@entrepreneur.com. Then check back to this column; in an upcoming month, we'll reveal the most creative financing stories of the bunch.

3 Sources of Franchise Financing (Entrepreneur.com)

3 Sources of Franchise Financing

Know how to make sense of the current economy and its impact on franchise funding.


URL: http://www.entrepreneur.com/franchises/buyingafranchisecoachjeffelgin/article198310.html

Everyone knows the current lending environment is a challenge--especially if you're trying to finance a startup. Yes, there's still financing available for qualified people, but selecting the right funding strategy is more important than ever. It's time to get creative when thinking about financing options.

Despite what you hear on the news, money is available. There are institutions and individuals who haven't been affected by the housing market and still have money to lend. It's important to note, however, that we're seeing some big changes from traditional lending procedures in the franchise industry.

The first change is that it's more important than ever to start sourcing financing options before even choosing the franchise you want to buy. While historically we've seen much of the franchise finance market driven by home-equity lines of credit, this type of financing is more difficult to obtain in the current financial climate. Therefore, it's never too early to look into financing alternatives.

Another change is that your credit score is far more important now than it was even a few months ago. In today's climate, getting financing will be difficult with any credit score below about 700.

Also, once you've decided on your franchise and are approved for a loan, act on it quickly. Lenders aren't going to leave credit commitments outstanding for 30 days or more the way they used to; they want you to act in five to 10 days. If you don't take it, they'll cancel their offer and lend the money to someone else.

In the past, people relied on time-tested approaches for franchise loans; but in today's economy, you may need to get more creative. Here are three alternative funding sources to consider:

Franchise Funding Specialists
How do you know which finance options might be best (or even available) for you? Companies such as FranFund or Guidant, which live in this market every day, can explain potential strategies you can use in your financing efforts.

These companies typically have established relationships with various lenders that specialize in one or more types of franchise financing. They may also offer equipment-leasing options, signature credit lines, 401(k) rollover products, SBA lending, conventional lending, etc. Finally, they can tell you how much credit is realistically going to be available to you.

After gathering your financial information, the franchise funding specialists will formulate a lending strategy with you. Once you make the final decision to proceed, they will package your information and follow the process from beginning to end. Their knowledge and relationships in the industry are critical in expediting the transaction, and these companies typically don't charge a fee for their services until or unless you actually receive your financing. So the upfront risk to you is limited to a small amount of your time.

Cash is King
We've heard it before. Well, this is never truer than in uncertain economic times. Many executives have been or are going to be displaced in this market shakeup, and they often receive a significant amount of cash to help them transition out of their old jobs.

This cash can come in the form of severance pay (lump sum or otherwise). It can also come as benefit continuations, retirement account settlements or rollovers. Ask yourself how you're going to "invest" this cash in an effort to re-create your lost income or, better yet, build some additional wealth for your family.

Consider investing it in yourself by building a franchise that can support you. Many people, after considering this idea, come to the conclusion that they can produce at least as high a return using this strategy as they would in the stock market. They will also have far more control during the process.

Thank You For Your Service
For our country's veterans, the government has established a program called the Patriot Express Pilot Loan Initiative. This is an SBA-guaranteed loan program for military veterans, those currently in the military who are close to retirement (Check the SBA website for eligibility requirements) or their spouses. The SBA will guarantee up to 85 percent of the loan. That means the lender only is at risk for 15 percent, which makes such loans more attractive to the lender. Best of all, the credit score requirements for Patriot Express loans are significantly lower than what we otherwise see in the current market, so it's easier to qualify for these loans.

Honorably discharged military personnel should also look into the VetFran program, which the International Franchise Association started as a way to help veterans. To date, more than 300 companies have joined the program, which offers substantial discounts on fees and expenses as a way to show appreciation for honorable service to our country.

Because there are many ways to finance a new franchise, be prepared to do some careful research on the subject to find the option that will work best for you. Though the financing market has gotten more difficult in this tight credit cycle, there are always loan dollars available for the right person and the right opportunity.

Remember to ask everyone you think might be helpful in your search (including the franchise company you are interested in) for any advice and options that might be available to you. Start early, and continue to refine your efforts as you get closer to deciding on a franchise. Good luck.

Jeff Elgin is the "Buying a Franchise" coach at Entrepreneur.com and has 25 years of experience in franchising, both as a franchisee and a senior franchise company executive. He's currently the CEO of FranChoice Inc. , a company that provides free consulting to consumers looking for a franchise that best matches their needs.

Wednesday, November 5, 2008

Small-Business Owners Lobby to Cut Credit Card Fees (NYT)

Small-Business Owners Lobby to Cut Credit Card Fees

Small merchants have long chafed at the fees they must pay banks every time a customer swipes a debit or credit card. But now, with business slowing and every dollar important to their bottom line, some merchants are pushing for changes.

The merchants are lobbying for legislation that would compel banks to negotiate fees with them and are supporting a second measure that its sponsors calls a “credit card bill of rights for merchants.” At the same time, some merchants are seeking class-action status for litigation claiming antitrust violations by banks and the MasterCard and Visa card networks.

Alan L. Carsrud, professor of management and entrepreneurship at Florida International University in Miami, said small-store owners have little choice but to accept the cards. “If a mom-and-pop merchant doesn’t like paying them, it can’t just stop taking cards — it would bleed customers because Americans have been socialized to use plastic,” he said.

“Although all merchants are facing real problems about profitability,” he added, “this may be a life and death matter for the small ones.”

A typical merchant card payment has two parts: an “interchange fee,” which includes an average 1.7 percent of the sale price and a flat per-transaction fee, and a separate fee that goes to the merchant’s bank. Take, for example, a driver who pays for a $1,000 car repair with a credit card. The bank that issued the consumer’s card receives an interchange fee of $17.10 (including a 10-cent flat fee), while the repair shop’s bank gets $4, or four-tenths of 1 percent of the total sale. The repair shop pockets $978.90.

In 2007, merchants paid $61.56 billion in electronic payment fees, up from $48.58 billion in 2005, according to the Nilson Report, a payment systems industry newsletter.

“What merchants are getting for their money is convenience, risk management and guaranteed payment,” said Denise Dunckel, a spokeswoman for Visa Inc.

Various factors make every interchange fee unique. If the magnetic strip on the consumer’s card does not work and a cashier has to enter its number manually, for example, a higher charge results. If the card “rewards” the consumer with cash back or airline miles, that, too, has a higher charge.

Beyond setting fee schedules, card agreements also reach into merchants’ daily operations. Merchants who take cards are supposed to accept them for purchases of any size. But to protect profits from customers who use plastic for everything — a recent Visa television advertisement campaign humorously suggested that only social malcontents pay with cash — some small merchants break the rule and set minimum amounts for card purchases.

“Why shouldn’t you be able to set a minimum?” asked William Dennis Jr., senior research fellow for the National Federation of Independent Business in Washington. “Some of these small guys may actually lose money on a $2 or $3 credit card charge.”

Mitch Goldstone, who owns ScanMyPhotos.com, a photo-imaging venture in Irvine, Calif., and blogs about interchange fees at www.WayTooHigh.com, said he decided to challenge the fees in 2005 after learning that fees on reward cards were going up. “I can barely understand them and I’m a lead plaintiff in the merchant litigation,” he said.

The credit card industry contends that merchants are getting good value for their contribution to the rewards card programs.

“Merchants derive significant gain from the electronic payments system, which has evolved new features such as rewards programs,” said Trish Wexler, spokeswoman for the Electronic Payments Coalition, an advocacy group in Washington. “Ultimately, merchants benefit from rewards programs because people buy more when they use cards. Higher fees for rewards cards are justified because merchants and consumers both share in their expense — but merchants want to pass their fair share to consumers, who’d be hit with higher credit costs and reduced rewards if the merchants succeed.”

Representative Peter Welch, a Vermont Democrat who has sponsored one of the measures in Congress, said he planned to reintroduce a “credit card bill of rights for merchants,” as he calls it. “Our American merchants are paying the world’s highest interchange fees, a fast-increasing cost of business for them, with literally no protections,” he said.

The congressman said the merchants told him about their card problems when he set up tables at Vermont country stores. “Some Vermonters who owned multiple gas stations said that to deal with rising gas prices and interchange fees, they wanted to experiment with cash-only at some and the status quo at others, but were told this would violate their card agreements,” he said.

In July, the House Judiciary Committee, with bipartisan support, narrowly passed legislation that requires banks and merchants to negotiate interchange fees. The measure is sponsored by Representatives John Conyers Jr., the Michigan Democrat who is chairman of the committee, and Chris Cannon, a Utah Republican who was defeated in the summer primaries. Small banks and credit unions testified that fee reductions would take away badly needed income.

Kenneth J. Clayton, director of card policy for the American Bankers Association in Washington, called the bill “a dramatic proposal by big retailers to use political muscle to lower their costs.” Smaller retailers, he said, “are being put up as poster children to show how challenging it is for them. But behind the scenes are big-box stores that see an opportunity to lower their costs of participating in the electronic payments system that benefits them greatly.”

Professor Carsrud said that while card fee reductions would save large merchants the most in terms of absolute dollars, small ones would gain, too, because they have few options to reduce costs. “They can’t easily raise prices now, and they may not survive if they slash payroll or marketing,” he said.

The National Federation of Independent Business and the National Small Business Association, also based in Washington, remained neutral on the Conyers-Cannon bill and on a companion measure sponsored by Senator Richard J. Durbin, Democrat of Illinois.

A spokeswoman for the National Small Business Association, Molly Brogan, explained in an e-mail message: “While we recognize the significant issues surrounding the inability of small businesses to properly negotiate interchange fees — especially with the nation’s top 10 banks controlling 88 percent of credit-card receivables — we are focused on broad credit card reform. Given our diverse membership, interchange fees impact our small businesses differently — some members rely on credit card rewards, offered at the cost of our other members who are forced to pay for them.”

Ronald Mann, a law professor at Columbia University and a credit specialist, said he expected that there would be “a tremendous push in Congress in 2009 to adopt important credit card reforms” because of the increased sensitivity to banks’ lending practices.

But, he added, “Merchants’ card problems — even though especially pressing for small ones — do not top most legislators’ agendas.”

Not far from the Capitol in Washington, the owner of the Cleveland Park Valet dry cleaner, Robert Kotchenreuther, said he counted on customer relations, not legislation or litigation, to keep his card fees down. “I hate credit cards,” he added, “but I’d lose too much business not taking them.”

Mr. Kotchenreuther said he had “quite a few customers who are very understanding and caring and pay by cash or check because they know it costs me each time I use the card machine.” He estimated that he paid $5,000 to $6,000 in card fees each year — money, he said, that could “help me upgrade my 1994 van with 125,000 miles.”

Mr. Kotchenreuther carries two cards of his own: a small-business credit card and a Upromise credit card that rewards users with college tuition dollars.

But Mr. Kotchenreuther said he could not remember the last time he used either card. “If I go to another small merchant, I know he has to pay a fee to use his machine, and I don’t like that — I pay cash.” Nor does he pay with cards at bigger businesses. “If I need a hotel room or rental car,” he said, “I’ll use a card to hold them and pay cash when I get there.”

Sunday, October 19, 2008

Build a strong business with a Total Quality Management System (Wired)

Build a strong business with a Total Quality Management System

The TQM or EFQM Quality Management System is based on two parts. Part one is concerned with your actions. In the article it is represented by the numbers 1 to 5. The second part is all about the results you get. It is in measuring the results keeping metrics and using them as a platform for learning and adjustments. Applying both parts in a continuous fashion, that will make your business a success. We at Arguna Consulting have been consulting lots of companies into and through this process. It had been allways a "winning game" for all sides. For more information see http://www.efqm.com/ or [1]. It does not matter, if you have a small business, a medium sized company or a big cooperation.

Total Quality Management System (TQM or EFQM) Part 1

1. Leadership
You need to develop a thriving vision, a touching mission and the values of your business and act as a model for a culture of excellence. This can mean that you contribute actively and personally to improvement-actions.

2. Business strategy and business politics
Business politics and business strategy should be based on the present and future needs and expectations of all relevant groups concerning the company. Plans or methods are created for the purpose of achieving a goal.

You can collect information and process it in order to define market and market-segments, in which the organization wants to operate today and in the future.

3. Staff - Your People
The staff is rewarded, acknowledged and taken care of. Manage the recruitment and the career-development wisely. This can mean to have an ongoing program for talent scouting in your business. Produce training and development plans in order to guarantee that the staff will meet the present and future qualification-requests.

4. Partnership
External partnerships and finances are managed systematically. Increase the partnership relationship structures in order to achieve an added net value for all people involved.
Only if an increase of value is attained for all partners, will the partnership be working in a good spirit.

5. Business processes
Products and services are produced, delivered and taken care of. Another value to your business is to entertain and deepen the customer-relationships. As a businessman, you must shape the processes in the organization including those key-processes that are necessary to realize company politics and your business strategy.

Total Quality Management System (TQM or EFQM) Part 2

6. Specific results concerning the customer
Here you are to plan, to analyze and to improve and, in order to predict, how external customers perceive the performance of your business, your company.
Metrics concerning your sale and customer service-performances should be:
- Advice and support; - Abilities and behavior of the co-workers; - technical support; - product-specific trainings; - Reaction time; - Guarantee and guarantee-regulations.

7. Results concerning employees
This occasion is about measuring results, which show, how the co-workers perceive, on the basis of surveys, interviews, focus-groups, structured judgment-conversations, the business.
You can measure factors of motivation like:

- Communication; - Career-development; - Participation; - Equal opportunity.

8. Society specific results
Statements about measures that contribute to the protection and lasting protecting of resources:
- Selection of transportations; - Effects on the ecology; - Reduction and avoidance of waste and package; - Substitution of raw material and other business-means.

9. Key-results
How does the business do - with reference to its planned performances?
Finances (Example):

- Total-capital-yield; - Maintenance costs; - Cash flow; - Balance-positions; - Deduction; - Personal capital-yield; - Net profit; - Budget-observance.