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BUSINESS NEWS & TRENDS
Mountain Views News Saturday, September 1, 2012
BUSINESS TODAY
The latest on Business News, Trends and Techniques
Legal Insights by Noah Green1
1 Noah Green lives in Sierra Madre and works as an attorney handling business litigation at the Ryan Law Firm in
Pasadena, CA. He can be reached by e-mail at ngreen@ryanattorneys.com, or by telephone at (626) 568-8808.
THE PRICE FOR A POUND OF FLESH
When people are
involved in car
accidents or trip and
fall in another person’s
house or business,
they want to know
how much they might
be owed or have to
pay to compensate
the injured party. In
other words, how does the law determine a dollar
value for injuries?
A. An Injured Person Can Only Sue if
They Prove They Were Hurt Due to Someone
Else’s Fault
First and foremost, the injured party is
only entitled to a recovery if they can prove that
the accident was caused by the fault of another
party. This is called “liability.” If liability cannot
be proven, the value of the case is zero. For
example: Many people incorrectly assume that if
they slip and fall on someone else’s property, the
property owner must automatically pick up the
tab if they are hurt. That is false. The property
owner is only liable if they knew or should have
known of a dangerous condition that caused the
accident and had an opportunity to make repairs.
If the injured party cannot prove those facts, they
will not be entitled to “damages,” which is legal
jargon for a monetary recovery.
People are also often confused by the issue
of insurance and think that if the person who
caused their accident is insured, the insurance
company will automatically pay or think that
they can “sue the insurance company.” In reality,
the insurance company cannot be sued because
they did not do anything wrong, i.e., they are
not liable for the accident. Rather, the insurance
company is required to cover any damages that
their insured is liable for causing, up to the limit
of the policy. For example, if someone is involved
in a car accident, the other driver’s insurance
company will only pay the injured party if the
insured driver is found to be at fault.
B. The Law’s Measuring Stick for
Valuing Injuries
Assuming that liability can be proven, a plaintiff
in a personal injury case is generally entitled to
recover three types of damages: 1) medical bills,
2) lost earnings, and 3) non-economic damages.
Medical bills and lost earnings are
relatively easy to determine as they can be proven
by looking at documents with clear economic
values and are often called “economic damages.”
The “x” factor in every case is the non-economic
damages – commonly referred to as “pain and
suffering.” How does one put a dollar figure on
an individual’s pain and suffering? One person’s
pain is different from someone else’s and there
is no piece of paper that can prove how much it
should cost the guilty party. This is therefore an
entirely subjective category of damages that often
introduces an element of risk into the case that
both sides struggle with.
Nevertheless, for purposes of analyzing the value
of a case, insurance companies often agree that a
person’s pain and suffering should be measured by
multiplying their medical bills by a factor of one
or two. In other words, if a person has $10,000 in
medical bills, the value of their pain and suffering
can be rated at about $10,000-$20,000. Adding
the economic and non-economic damages
together gives the rough value of the case.
The foregoing is only a brief sketch of the process.
The actual valuation of injury cases is more
complex in terms of real-life case evaluation.
However, the principles discussed herein can be
used as a fairly reliable roadmap in determining
how much compensation an injured person is
entitled to under the law.
By La Quetta M. Shamblee, MBA
PUBLIC RELATIONS FOR
SMALL BUSINESS
Public relations (PR) is one of the most effective
ways to promote and grow your business, in terms
of cost and impact. In contrast to advertising
that entails paying money to have your message
placed with media outlets like print, radio,
television and internet, PR includes activities that
result in third-party, word-of-mouth promotion
as more potential customers help spread the word
about our business.
PR usually includes one of more activities
designed to generate interest among potential
customers. This may include the preparation of
press releases and formal pitches distributed to
media outlets in an effort to secure interviews,
feature articles and postings on event calendars
at no additional cost to your business. But PR can
also include community outreach, social media,
hosting public events and other activities.
The goal, of course, is to generate exposure for
your business in a way that will attract new and
repeat customers to your business. Getting press
releases, articles and announcements placed
with media outlets on an ongoing basis will help
to establish your company as one of the “go to”
sources in the category of goods and services
your offer.
To make the most of PR for your business, it
is important to have a solid gameplan, which
should include specific goals that you want to
accomplish. Do you want to have a feature
article in a publication that caters to your target
audience? Want to be a featured guest on a
morning news show to get exposure for your
business? Want to build a Twitter following of
a certain size? Need to increase the number of
Friends on your business Facebook page? These
are a few examples of the types of PR goals that
might be included in your plan.
There are a number of PR resources available to
solo entrepreneurs and small businesses. If you
have interest in learning to do it yourself, there
are many “how to” books and training programs.
One of the newest books on the subject is The
New Rules of Marketing & PR: How to Use Social
Media, Online Video, Mobile Applications, Blogs,
News Releases, and Viral Marketing to Reach
Buyers Directly by David Meerman Scott. As the
title indicates, this book incorporates and applies
current technology to the marketing and PR.
UCLA Extension offers one of the most respected
PR training programs available. All courses are
taught by accomplished PR practitioners who
have years of hands-on experience. You want to
be sure to do things in a way most likely to result
in actual benefits for your business. PR that
works is not a one-time activity. It takes time to
build relationships with media contacts that will
be crucial to getting exposure for our business
over the long-term.
ZERO DAY
HOW TO MEASURE YOUR SUCCESS
IN SOCIAL MEDIA
How do you know if your social media strategy
is working for you?
To start, benchmark where you are now.
On your monthly calendar jot down how
many “Likes,” “Followers,” “Emails,” and
“Connections” you have. Once a month take
a look at your numbers and see if your list
is growing. Stay focused on building good
“quality” connections and stay engaged with
them.
Now the tricky part, how do you measure
the outcome of a good quality connection on
social media? Unless you are advertising on
social media, the dollar-to-dollar outcome can
be tough to measure.
Re-think your measuring stick. Replace ROI
with ROR. Business owners have been taught
to measure ROI at every turn in their business.
ROR, return on your relationships (a phrase
coined by Ted Rubin in 2009 and the title of his
book), might be a better measuring stick when
it comes to social media.
Social media is more about relationship
marketing than it is about direct sales. If your
social media marketing is working for you,
your word-of-mouth should be increasing and
opportunities for collaboration within your
network will start to appear.
Measuring the ROI from word-of-mouth is
tricky to calculate but if you’ve been in business
for a while, you know that word-of-mouth is
the best type of unpaid promotion you can
get for your business. I often get referrals on
Facebook from people I worked with over 20
years ago! Social media tools can help you
influence word-of-mouth and make it easier
for people to find you when they need your
product or service or want to recommend you.
About MJ: MJ and her brother David own
HUTdogs, a creative services business that
specializes in Social Media Education for
business owners. Join their conversation on
Facebook and get good tips and tricks about
social media, www.facebook.com/hutdogs
Sign up for their upcoming classes and
presentations at: www.hutdogs.com/
workshops/schedule
A frequent topic of computer security headlines
is the so-called “Zero-Day exploit”. A Zero-Day
exploit is defined as the taking advantage of
vulnerability the same day as the vulnerability
is generally known. There are typically “zero
days” between the discovery of the exploit and
the attack, hence the name. In most cases when
a vulnerability is found in computer code, the
discoverer will notify the company responsible
for creating and publishing the software (and
sometimes the computing community at large)
so that a fix can be found and implemented
before any real damage is done.
Even if hackers happen to learn about the exploit
as the same time as the software publisher,
they may not be able to take advantage of the
vulnerability before it is fixed. When the hacker
happens to be the discoverer of the exploit and
the vulnerability wasn’t generally known in
advance, there may be no effective way to guard
against an attack using this new vector. For these
instances, security software companies have
devised programs (and sub-routines) that look
for specific, suspicious activity (such as requests
to format drives that do not originate from the
console) and disallow such actions.
The name “Zero-Day exploit” itself is a bit
misleading because in many instances the
vulnerabilities that are taken advantage of have
been known to either the software company
or the hackers themselves for quite some time
before “something bad” happens. Many of the
larger software manufactures have entire well-
financed sections of their operations devoted to
identifying, tracking and repairing security holes
in their products. Sometimes there are differing
opinions as to what constitutes a vulnerability
needing immediate attention and which bug(s)
to be fixed in the next scheduled software update.
The best thing you can do to protect against
zero-day exploits is to follow good security
policies in the first place. By installing and
keeping your anti-virus software up to date,
blocking file attachments to emails which may be
harmful and keeping your system patched against
the vulnerabilities of you are already aware, you
can secure your system or network against 99%
of what is out there.
One of the best measures for protecting
against currently unknown threats is to employ a
hardware or software (or both) firewall. You can
also enable heuristic scanning (a technology used
to attempt to block viruses or worms that are not
yet known about) in your anti-virus software. By
blocking unnecessary traffic in the first place with
a hardware firewall, blocking access to system
resources and services with a software firewall
or using your anti- virus software to help detect
anomalous behavior you can better protect
yourself against the dreaded zero-day exploit.
OMG! OH MY GOSH DID YOU
KNOW…………….. By Patricia Richardson, M.B.A
I received a call the other
day from a new business
owner looking for training
for his QuickBooks for
Mac 2012. So here are
some of the new/improved
and enhanced features.
Improved! Redesigned Forms (including
Previous/Next buttons). The new customer
history panel summarizes customer information
for easy review including open invoices, open
balances, notes etc. See the list of transactions for
faster browsing. Improved tables with adjustable
columns and multi-line descriptions provide a
cleaner look to your data.
Browse through invoices using the Prev/Next
buttons, all this comes with a modern Mac-
like UI. These redesigned forms are: estimates,
invoices, sales receipts, receive payments, credit
memos/refunds, purchase orders, bills, write
checks, credit card charges, and general journal
entries.
This feature allows the user to click from customer
to customer to find or open an invoice. You can
now scroll through invoices for a particular
customer as well, by using the “Next” or “Prev”
arrows in the top left section of the invoice. The
feature saves time and offers the user better
organization when managing customer activity.
Prior to the 2012 version, users were unable to
find an invoice for a particular customer quickly.
No Previous/Next functionality meant users
likely had to open invoices in order to find the
correct one.
Improved! Add Online Banking Transaction in
Batches. You can save time adding transactions
from your financial institution to QuickBooks by
batch entering items instead of adding transactions
one at a time. QuickBooks automatically creates
rules to rename payees downloaded from the
financial institution. “Batch enter” transactions in
just one click. Online banking is easier to access
and with 2012. Now you have the ability to add
multiple downloaded transactions to the bank
account register. It also makes it easy to prevent
renaming, such as when the payee name is
“Check” (most of your checks are likely made out
to different people). In fact, QuickBooks is pre-
loaded with the most common “Do not rename”
rules, including check, transfer, and wire.
Prior to 2012, online banking users in MAC
could only add one transaction at a time to
the register. They also needed to rename each
transaction individually to match names in
QuickBooks. These new features allows speedier
data entry, and in a batch. Intuit recommends
that all QuickBooks users apply this feature.
Online banking is a must as it prevents users
from overlooking bank transactions that were
never entered into QuickBooks.
My warning to all QuickBooks users using online
banking; be sure to reconcile your bank accounts
each month. Online banking has created a great
revenue stream for accountants and QuickBooks
consultants. Clients forget to download days, or
download twice or download entries that have
been manually input; you name it and we have
heard it. When the banking mess in your check
register gets too big to figure out please call me.
Intuit has a vested interest in growing the online
banking feature. Their fastest growing part
of their business is the Financial Institutions
segment. This business segment consists
primarily of outsourced online banking services
for banks and credit unions provided by Intuit’s
Digital Insight business.
New! Progress Invoicing. QuickBooks for Mac
2012 allows you to invoice for projects in phases.
You can now invoice by line item or for a percent
of the estimate. You can track how much has
been invoiced and what’s left. Job history reports
provide additional detail. Users who create
estimates can now bill customers for work-in-
progress instead of creating an invoice for the
whole of the estimated job when only part has
been completed. This is a huge win for contractors
who use QB Mac.
Patricia Richardson the owner of Monrovia Computerized
Business Service. For additional information, patti@
qbworkshop.com or www.QBworkShop.com
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