HOW TO FIND SUCCESS - PERSONAL AND PROFESSIONAL

by: Chris Angus

I am going to tell my story about how I made my first million at a young age, heck, I’m still young. I will also tell how I finally found peace and happiness which was instrumental me becoming financially successful.

All my life I was an under performer, at almost everything I did. I failed a couple of years at school; I was bad at sports and just generally an “E” grade student.

This went on though my college career and I barley scraped through my qualification.

I went on to do a Microsoft Qualification which I really excelled at, this was strangely bizarre a I had just got on the course because I didn’t know what I really wanted to do or where to go with my life. I even managed to get into the top 5% of all students.

I left the course at the end of the year and proceeded to try and find a job. Which I failed dismally at, the course I had taken was a very popular course and the IT market was flooded with people with this type of qualification.

Eventually I got a job working for my girlfriend’s dad, and that only lasted about eight months, I then drifted from job to job. Never working for more than a year at any one place of employment.

I got pretty tired of being just a guy with pretty rubbish, low paying office type jobs so I decided to move to another country, thing that it would be much easier somewhere else. The grass is always greener…

This was really the start of my hardship, I struggled to get any type of job and after being really broke ended up working as a dishwasher in a hotel, I did this for six months and then moved to more of a proper sales job. Guess what that only lasted three months before I was fired.

This continual cycle never seemed to stop and went through another three jobs before I decided that I should maybe think about doing something that I wanted to do.

I decided that I had better start my own business so I couldn’t get fired for one. It also puts the responsibility squarely on your shoulders, so if it all goes wrong it’s no one else’s fault but your own.

Since I know a bit about IT, I thought that it would probably be a good place to start. That’s where it all began, I started offering basic IT services to small business owners, that lead to referrals, and it all snow balled.

I didn’t take much money out the business, and kept my overheads low and reinvested as much as I could.

Within three years I had make over one Million Pounds, and had a business worth five times that.

To top it all off I am still under thirty.

The moral of the story is, be prepared to take the risk of starting your own business. Work hard and be smart. Don’t rob your business as soon as you start making a bit of money.

You will succeed.

THE BUSINESS OF RISK

by: Richard A. Hall

Today, we see a number of risks associated with businesses of all sizes, ranging from identity theft, embezzlement, natural disasters, personal injury, fraud, vendor failure, taxes, finances, and more. Because of the increasing number and type of business risks, companies have had to make some major adjustments in overall operations, management, and strategy. When you couple risks with competition, you can see that it is imperative every company have a solid plan in place for protection and success.

One of the most important aspects of strategy is ensuring a solid risk management team is in place. These individuals would hold the responsibility of not just identifying potential risk but also creating and implementing sound processes, techniques, or technologies for prevention and/or correction. The risk management team however will not work in isolation but in tandem with other key stakeholders, such as department heads and the Executive team. Having a winning risk strategy is going to give your business the foundation on which to build a strong, competitive company but also a business that employees and clients trust.

What is the key to creating such a risk strategy? For one thing, you want to be productive but not make quick decisions. Unfortunately, we have seen many larger corporations that have put “quick fixes” into place, only to find they end up with a laundry list of new problems. Yes, it is essential that a good plan be developed as quickly as possible but make sure the plans being considered are not just short term fixes but will be beneficial long-term. While a risk management team can identify potential risk events, the team must work in conjunction with the organization so that strategies are aligned with the business goals. In essence, the best risk strategy is one component of the overall business strategy.

In addition, you need to review your company inside and out, top to bottom, to determine where risks lie. For example, missing payment on taxes can be an extremely costly mistake, sometimes upwards of $10,000 or more. In this instance, there would be a number of things to consider. Is the individual heading up the tax department qualified? What type of tracking system is being used? Is the department short-handed? Is the person in the mailroom delivering mail on time? These and other possibilities exist, which is where a risk management team would help. Once the problem area or potential risk is isolated, then changes could be made accordingly.

Another factor that unfortunately, is sometimes overlooked is the client. Obviously, if you are going to run a profitable business, you need satisfied customers. Perhaps there are areas of service or product where customers are not happy but because no means of communication or input is in place, you have no idea. Therefore, you might think about sending out customer surveys, trying to find any weaknesses that need to be strengthened. It is imperative that you know your customers and that those customers are so satisfied with what you offer so they will not look elsewhere.

Things happen in businesses and sadly, many great companies have gone under because of lack of risk management and/or strategy. Enron, is only one of many examples in which a failure to manage risk or even identify risk ruined a company. Another often cited example is Barings Bank which was one of the most respected merchant banks in the United Kingdom. The company which held $900 million in capital was bankrupted due the actions of one trader. The losses and subsequent bankruptcy could have been avoided if internal controls had been in place. There are countless other global examples of the consequences of not identifying risk events.

While federal regulations such as Sarbanes-Oxley have mandated corporate governance and controls, managing risk is simply good business. Identifying risk events and formulating response strategies enable the organization to successfully execute its objectives.

EMPLOYEE BENEFITS – RIGHT OR PRIVILEGE

by: Richard A. Hall

Over the years, one of the most important factors candidates cited in searching for employment was benefits. Surprisingly this was second to salary. Considering the high cost of healthcare and prescriptions, benefits have played a vital role in the way people look for jobs. Unfortunately, in recent years, we have seen a decline in the benefits being offered. Companies are finding it difficult to keep pace with the rising costs of insurance and other employee benefits, forcing them to either reduce or eliminate their offering.

Many believe that employees are entitled to benefits, feeling it is the company’s responsibility to offer some level of support. Others believe that employee benefits are a privilege not a right. For this group, they believe that any offering is better than nothing at all. Adding further fuel to this hotbed issue – the number one reason that people file for bankruptcy is medical bills. So, what is the truth about employee benefits – is it a right or a privilege?

Let’s begin by addressing the many inaccuracies and misconceptions relating to employee benefits. Myth: For Only large companies are required by law to provide benefits. Truth: The truth is that while some benefits are mandated, the majority are not. Standard benefits such as healthcare, holiday pay, and vacation are routinely offered by companies of all sizes as part of a benefits package. While most companies do offer some or many of these benefits, from a legal standpoint, these “benefits” are not actually governed by the law.

In a competitive marketplace, employee benefits can be the deciding factor for many candidates. Organizations offer these benefits in order to attract and retain high quality employees. Business owners know that providing perks to employees is a worthwhile investment to attract a higher caliber of employee. Therefore, while the company has to spend significant money to provide this type of coverage, they do so as an investment to growing business, and attracting and retaining a talented workforce not because they are required to do so. Today’s world is highly competitive. Individuals who have graduated with a BA or even MBA usually only work for top companies. This means that for small to medium size organizations to compete they have to find creative ways to make the opportunities more appealing.

Another misconception is that people are entitled to time off for vacation. Again, this is something offered, not mandated by law, as most people believe. Now, when it comes to receiving vacation time, if it is provided by the employer, it must be treated in the same way as wages, being earned daily, which is law. The other factors protecting the employee from accrued vacation is that once it is earned, the company cannot renege by taking it back and if the employee leaves the company, regardless of termination or voluntary leave, he or she must be paid earned income.

The examples listed below will provide you with an idea of what is the employee’s right versus privilege:

• Any company with a minimum of one employee is required to provide unemployment insurance, which is covered 100%, meaning the employee pays nothing.

• Workmen’s Compensation – This too must be provided for any company with one employee to include disability income, medical benefits, and time off, paid for by the company at 100%.

• Pregnancy Disability Leave – For companies with a minimum of five employees, reasonable accommodation must be provided, typically between four and eight weeks.

• Vacation – This benefit is not required under current law although any vacation must be accrued and paid out to the employee upon separation from the company.

• Sick Pay – Again, by law, this is not required. However, under the Federal Medical Leave Act (FMLA), employees under certain circumstances would be provided time off (up to 12 work weeks within a 12 month period) without pay while the current job is protected. FMLA would cover issues pertaining to death in the family, medical leave, adoption and serious health issues of immediate family members.

• Holiday Pay – This too is at the discretion of the company and not mandated.

• Pension and Retirement – While this would not be mandatory, any coverage provided would need to follow strict ERISA regulations and tax laws.

• Healthcare Insurance – Finally, health insurance is not required by law. However, when coverage is offered, it would fall under the direction of COBRA, Cal-COBRA, and HIPPA regulations.

As you can see, most employee benefits are in fact a privilege and not a right. While job seekers and employees might deem it unfair or even immoral, it is what the law currently states. Having an understanding of the law, enables you to tailor and market your employee benefits package appropriately highlighting the perks that your company can offer.

HOT LEGAL ISSUE OF THE DAY – RIGHT TO PRIVACY

by: Richard A. Hall

While a number of topics are currently being discussed in the United States, one of the most controversial is that of the right to privacy. This hot button issue is made more complex in a post 9-11 environment. We struggle to find and maintain a balance between personal rights and public safety.

Most people would vigorously defend the right to privacy, feeling that the accessibility of too much personal information is not only an invasion, but morally wrong, and unconstitutional. After all, prior to September 11th, the United States had not been subjected to the overt terrorism that had plagued other countries.

The events of September 11th pervaded our false sense of security and caused us truly question if the enemy was in a far off country or our next door neighbor. In our post 09/11 world, the government’s responsibility to protect Americans has taken on new meaning. In an aggressive effort to protect us from the threat within, the government has adopted a “by any means necessary” approach even if that means listening in to phone calls, reading emails, reviewing library records or scouring through websites. The recent foiled plot of airline bombings in Britain is an example of how invasion of privacy can in fact keep us safe. The individuals stopped for this heinous crime were discovered first by a tip but second from police monitoring private activity which included phone calls.

In the instance where a terrorism plot is averted because of the invasion of privacy there can be no argument to the validity of the practice. Yet, we also know that innocent people have had their privacy invaded when they did not pose a threat to national security.

The national debate over privacy has repercussions on a smaller level as well. Corporations and employees struggle with privacy issues in the workplace. Companies also are seeking to protect themselves from a different kind of terrorism – that of legal and financial exposure caused by the actions of its employees, whether innocent or intentionally malicious.

Privacy is legally protected by the Constitution of the United States, and at the very core of America’s existence. As politicians, voters and special interest groups debate these constitutional issues, employees and employers seek to understand the rules of engagement within business.

Does an employee have privacy rights at work? How far can employers go in monitoring the activities of employees to ensure that they are protected from liability?

Employers not only have a right to monitor the activities of employees but a responsibility. Computer activity, including e-mails and phone calls can be monitored by the employer. In fact, some degree of monitoring is recommended. Emails are discoverable in legal action exposing employers to a great degree of risk. Even if the employer has a policy that expressly states that personal emails are allowable, the company still has a right to monitor individual emails.

Phone calls, except those placed on designated “for personal use” phones, can also be monitored. Call center and customer service employees are routinely monitored for quality assurance and training. There are however, federal and state regulations which must be adhered to which in many locations including notifying parties that the call is being monitored. Most employees will need to place or receive a personal call from work at some point in time. However, as a best practice, employees should use pay phones or cell phones when they must conduct personal business during the work day.

As we seek to balance privacy and protection on a national stage, we will undoubtedly make adjustments on a more personal level. We have already become accustomed to much of our lives being monitored through security cameras, electronic tracking and internet use so it is possible that what is now viewed as invasion will simply become normal. In the interim, it is wise to assume that what happens in Vegas, may not stay in Vegas!

THE STAGES OF CIVIL LITIGATION

by: Gerard Simington

Getting involved in a lawsuit can be a very stressful situation, regardless of which side you are on. To limit the stress, it often helps to understand the process and stages of litigation.

The Stages of Civil Litigation

What is civil litigation? Civil litigation is a lawsuit whereby a party seeks damages against another party. The damages can come in the form of money or the modification of some type of conduct. For instance, one can sue for breach of contract if another party fails to live up to the terms of a written agreement. One can also sue for a restraining order to bar a competitor from using various business property such as intellectual property rights. Importantly, civil litigation is not a criminal matter, to wit, the party that loses the case does not go to jail.

The first stage of civil litigation is the pleading stage. The pleading stage simply refers to the filing of the complaint against the party that is the defendant. The defendant then has the right to contest certain elements of that complaint. The defendant can object on the grounds that the complaint does not state a cause of action against them or frivolous matters are included in the language of the complaint, to name a few arguments. At this point, the court will either find a complaint to be with or without merit. If the Court throws out the plaintiff's complaint, the plaintiff is usually allowed to amend the language and refile it.

The next stage of civil litigation is discovery. Discovery is simply the process of learning what evidence each side has regarding the dispute. Typically a party can ask to see any supporting documents the other side has and ask them questions. Questions can be asked in written form through a legal document known as interrogatories. Questions can also be asked orally by the party's legal counsel in a process known as a deposition. Other methods of discovery also include request for admissions, special interrogatories and various other methods specific to your state. Yep, all the rules are set forth by state in most cases.

Once discovery comes to a close, the defendant will often file something known as a motion for summary judgment. A summary judgment motion is simply an argument by the defendant that the evidence provided by the plaintiff in the case does not support a claim against the defendant. In moving for summary judgment, the court considers the law on the books and the evidence provided by the plaintiff. It views the evidence in a light most favorable to the plaintiff before making the decision. If the court finds in favor of the defendant, the lawsuit is over. At this point, the plaintiff can either abandon the lawsuit or file an appeal to have a higher court review the matter.

Assuming the plaintiff survives a motion for summary judgment, the next technical step of a lawsuit is to actually go to trial. Before that happens, however, the parties are usually sent to an arbitration hearing in which a mediator tries to cut a deal between the parties. This process is also known as a settlement conference. If they settlement cannot be reached, the court will then set the matter for trial and off you go.

At the end of the day, the average civil lawsuit will take a while to get from filing of the complaint to trial. The exact time is dependent upon the state you live in and how busy the courts are. Criminal matters tend to take precedent over civil matters, so you can often be waiting awhile. In fact, it can often take a year or more before a civil matter goes to trial.

7 STEPS TO FINDING THE PERFECT LAWYER

by: Michael Lewis

It is your life we are talking about. Make sure that you take every necessary step to find the right lawyer for your needs. It is very hard to do this, though, with all the ads flying at you, the people soliciting you, and all the negative things that you hear about lawyers these days. But, the fact of the matter is that you can find the right lawyer and not all of them are that bad. Believe it or not, some actually get into this career not to make millions or to beat the drug companies. Some actually really want to help you. Here are some of the things to look for in your lawyer. Take these steps to find the perfect lawyer for the job.

· Find a lawyer that specializes in your field. This is important because you will want someone not only that knows how to handle a case like yours, but also one that will be up to date on the latest rulings and the latest procedures for your case. This simple thing can really make a large difference. Many lawyers have one or two specialties and then do other things as well. If you find one that specializes in your needs, say traffic violations or divorce, you are likely to be able to count on them to know more about how to handle your case than someone who specializes in business proposals.

· To find a lawyer that you can trust, look towards your local Bar Association for recommendations on someone. Not everyone has a lawyer on retainer so it helps to know that someone out there is recommending the one that you are choosing. If you feel that you can, ask friends and family about their recommendations as well.

· Once you find a few names to consider, make sure that you know about them. You can check on their relevant experience and their record for cases like yours. While this will not tell you just whether your lawyer will win your case or not, it is safe to say that it will give you some idea of his or her skills nonetheless.

· Consider how well the lawyer will be dedicated to your case. You can judge this by what he or she tells you and by how well they work with you. Will they meet the deadlines? Do they return your calls? Can you trust them to be on time for appointments? Ask them how much time they will devote to your case and how many other cases they are handling at the time. You need to know their dedication to your personal needs.

· Perform an interview with the lawyer. Ask them the questions that we talked about. But, if at all possible make it an in person interview. This will help you to feel out the lawyer. Ask them about how they will handle your case and what they can do for you to make sure that you win your battle. An experienced lawyer should be able to tell you step by step what will happen, when it will happen and why it happens.

· Let's face it. We can not all have the best lawyers out there. It is important to compare retainer fees. While you may be under the impression that you need the best lawyer out there, you simply may not be able to afford him or her. Instead of worrying about this though, consider instead what the lawyer's record is and how well he can do his job for the amount of money he will charge you.

· Lastly, it is important to choose a lawyer that you trust. While this can be something that many people don't understand, if you do not feel comfortable with a lawyer, you shouldn't work with them. It makes sense that you should be able to talk to them easily and tell them the who's, the what's, and the why's of your case. You should be able to provide him with what he needs to know. Trusting your lawyer will also help you to relax and to relieve some of your own stress.

The perfect lawyer? Is there really one of those out there? There is that one lawyer that you will be proud to call your own. When you take the time to make sure that the lawyer that you have chosen is a good one, you can be sure that your case, your life is safe and secure in their capable hands.

AN EXPERIENCED CELEBREX LAWYER IS YOUR BEST BET FOR A SUCCESSFUL CLAIM

by: Gust A. Lenglet

Co-marketed by Pharmacia, Celebrex was celebrated as the super aspirin, and used to treat those who suffered the aches and pains of rheumatoid arthritis and osteoarthritis, since it was released in December of 1998. Amazingly, this COX-2 non-steroidal anti-inflammatory drug reached an incredible $1 billion dollars in sales during its first year of marketing, proving that it was not only a super aspirin, but it was also a super money-maker for its manufacturers.

Competing with Merck’s super drug, Vioxx, the two manufacturers fought to have label warnings removed from their product in order to beat out the competition. This competition between the two companies was so intense that it is now earning the manufacturers criticism for possibly having sacrificed patient safety, in order to earn the extra bucks. On April 6th, 2000, the FDA issued a letter to Pharmacia, demanding that they make changes in their products label, stating that your representatives continue to engage in violative promotional practices. It wouldn’t be long before Celebrex and its competitor, Vioxx, would be linked to an increased risk of blood clots, heart attacks, sudden deaths and strokes.

If you or a loved one have taken Celebrex for a period of 18 months and suffered a heart attack, stroke, or problems with blood clots, it would be in your best interests to contact an experienced Celebrex lawyer as soon as possible. Choosing a Celebrex lawyer will help to ensure that you receive a safe and knowledgeable consultation from a representative who is up to date on all of the latest information regarding this case. In most cases, the consultation visit with your Celebrex lawyer is free of charge and, during this time, you will be able to discuss what the best route is, for you to take.

The sooner you bring all of your information to your Celebrex lawyer, the sooner they will be able to put together a case and the greater the likelihood of you filing a successful claim against the company. Your Celebrex lawyer is sure to discuss with you, the pros and cons of either filing an individual claim against the company, or of filing a joint claim with all the others who have suffered from the side effects of Celebrex. Your Celebrex lawyer will be experienced in the current claims made against the company and stay abreast of any new developments, allowing you to breathe a little easier while your Celebrex lawyer handles all the hassles of footwork and building your case against Pharmacia.

You owe it to yourself and to your loved ones to bet the best help that is available in this case. Choosing a specialized Celebrex lawyer will make a world of difference with your claim and allow you the relief of knowing that the Celebrex lawyer that you have on the case is experienced and focused in this one particular area of expertise. If you haven't already, be sure to locate a Celebrex lawyer and set up a consultation today.