“Dreams come true; without that possibility nature would not incite us to have them.” John Updike.
Spring is often thought of as a time of rebirth. And for many of us this year, we are hoping for a truly new year, a new vision to materialize. As most of you know our team has been working diligently on new products and services. We have added sales and marketing coaching and training, are now offering mediation (in CA) and conflict resolution coaching and training. And there is more to come! The vision has always been to increase health, effectiveness and sustainability in communities and organizations through brand leadership, and we are truly on our way to achieving that vision.
As a quick update: this newsletter and update mailing is now named, BlueRio’s Insights. Please add this to your contacts so the issues do not go into SPAM.
Also, I have listened to many of your needs and wishes and designed a web site that is easier to navigate. The final product is practically around the corner. In the meantime, I have made a transition, re-vamped web site.
And one of the most exciting recent news tidbits:
RecordedBoot Camps have arrived! The Personal Branding Five Steps (IACEE) Boot Camps are available for purchase in digital formats, DVDs and DVDs with full-binders with more than 60 sheets of information professionally printed out for your convenience. For a limited time, some come with leather journals, premium wrist/mouse pads and free shipping. Plus they are priced at a special launch price! You can find more on this here.
Don't forget the special code: 48hrs for an extra discount.
The next boot camp for sale helps supervisors, managers, coaches and consultants with organizational effectiveness through an overview of the FullSync Method. Stay Tuned.
This month we feature not one – but two interviews. For those waiting to hear about the brand story ofUGGs, you can actually “hear” it at this link:
An Interview with the founder of UGG USA, Brian Smith, now the founder of Ecolite USA.
“In 1978, as a Chartered Accountant from Australia, Mr. Smith came to California looking for products to take back. He realized there were no sheepskin boots in America, so he registered the name “UGG” and began importing and distributing footwear through retail outlets in the U.S. With seed capital of $500 and over the next fifteen years as the sales volume increased to more than $15 million. In 1995, he sold UGG Holdings Inc. to publicly traded Deckers Corporation for $18 million. His product, UGG sheepskin boots continue their popularity today, and the brand has grown to be the largest in the Deckers portfolio, with annual sales of $712 million in 2009.
And for anyone who is interested insight on forprofit and notforpofit law, we have been graced with some insight from Attorney Cecily Jackson.
Q: Cecily, Can you share with our audience a bit of your background and what you are doing now?
A:I am an attorney representing tax-exempt organizations and small businesses in California, originally from New Jersey, I attended college at USC in Los Angeles and law school at Stanford in the San Francisco Bay Area. After law school I practiced international tax at a tax boutique law firm in Washington, DC. Three years later I returned to Los Angeles to join a corporate tax practice at one of the nation’s largest law firms.
I always maintained pro bono matters in my caseload and used those matters to gain an expertise in tax-exempt organizations law. Late in 2001, I began practicing at a pro bono law firm where I focused exclusively on transactional legal representation for nonprofit organizations and small businesses. After five years,I moved to a statewide economic development nonprofit capacity building organization to gain a greater understanding of nonprofit organizational management and small business consulting.
Then in May 2009 I started my private law practice, providing transactional legal assistance to nonprofit organizations and small businesses. I feel that my capacity building experience makes me a much better attorney as I now have a deep understanding of my clients’ legal, business, and strategic management challenges.
Q:Do you notice any differences practicing law on the West Coast vs. the East Coast?
A:Although I’ve noticed some superficial differences in the way attorneys practice law on each of the coasts, I think the practices have more similarities than differences. Even if the office decor and wardrobes may differ, on both coasts you’ll find individuals working very hard to come up with the best solutions for their clients. New York law firms are infamous for extraordinary workloads, but many law firms in DC, Chicago, Los Angeles, San Francisco, and Seattle are not too far behind.
Q: What are some important similarities or differences for our readers to understand when it comes to understanding nonprofit law vs. for-profit law?
A:I always tell my nonprofit clients that running a nonprofit corporation is just like running a for profit corporation - within an additional, complex regulatory environment. California nonprofit corporations must comply with California corporate law, in addition to all of the restrictions that the federal government places on tax-exempt organizations. Nonprofit organizations generally do not pay income tax on gifts, grants and contributions, although nonprofit organizations that engage in revenue-generating activities may be subject to corporate income tax like an ordinary private corporation.Nonprofit organizations are also subject to more disclosure rules, as they must make many of their corporate and tax documents available to the general public.
Tax-exempt charities, or 501(c)(3) organizations, have the greatest restrictions on their activities, including a prohibition against participating in campaigns for political office, as well as limitations on their program activities, lobbying, and the distribution and disposition of assets. In exchange for abiding by these rules, donors to tax-exempt charities can deduct the value of their contributions from their taxable income. Donors to other types of nonprofit organizations cannot take a similar deduction.
Q:What are some tips you might give to small business owners when it comes to writing contracts? Is this the same or applicable to nonprofit executives?
A: Although I cannot provide legal advice through this newsletter, there are some basic principles that people should understand about contracts. At the bare minimum, to be legally enforceable, a contract must identify:
(1) the parties to the contract, (2) the activities that the contract governs, and (3) the payment that will be made in exchange for the products sold or services delivered.
Although some unwritten contracts are enforceable, it is very difficult to enforce these agreements because there is no written document explaining the relationship between the parties. Some contracts cannot be enforced unless they are in writing, including contracts that cannot be performed within one year (e.g., a three-year employment contract) and a guaranty agreement.
I always tell my clients to be as specific as possible when drafting contracts. Include a paragraph at the beginning that explains the intent of the parties entering into the agreement and work with an attorney to ensure that the contract’s provisions are consistent with that intention. Clients can get into trouble when they assume that the other party to a contract will behave in a particular manner. If the contract does not outline specifically how something is to be done, a party to that contract cannot expect that the other party will perform in that manner.
Nonprofit organizations must comply with all of the above, as well as additional considerations, including whether entering into the contract furthers the organization’s exempt purpose or negatively impacts its tax-exempt status, and whether the contract will generate taxable income.
A: I grew up near Philadelphia, so from an early age I learned about the founding of our nation and the principles in the Declaration of Independence and the U.S. Constitution. I was always interested in the founders’ ultimate vision of a land of liberty and equality. As a woman of color I also experienced subtle forms of prejudice and discrimination. I saw how Civil Rights leaders used peaceful, legal means to create meaningful change in our society and I decided that a legal career would allow me to help others to make a difference.
Q:What vision led you to starting your own practice?
A: After three years of learning about nonprofit management and small business consulting in my capacity building work, I decided to return to the full time practice of law. Rather than begin to build a law practice, I met with two leading tax-exempt organizations attorneys. Due to the global economic downturn, these attorneys were not able to offer me a position. The second attorney with whom I met suggested that I should open my own law practice. He said there are many tax-exempt organizations that need to hire legal counsel, but cannot afford the exorbitant rates that most law firms charge.
My first thought was that there was no way I could start my own practice. Then I questioned myself as to why I was so convinced that I couldn’t do it. Soon I realized that I had assets to support my business, including an extensive background in tax-exempt and small business law, numerous relationships with nonprofit leaders and small business counselors who could refer matters, a fully functioning home office that allowed me to keep overhead low and charge lower rates, and the ability to work independently. I decided to start my practice in May 2009 and by late August I was ready to take on my first client. Since then I have served several nonprofit organizations and a few small businesses, and my practice continues to grow. I never thought I would start my own business, but I’m finding self-employment to be the most fulfilling work of my career.
Q: So what is your vision for the future of your practice?
A: My vision for my practice is to be widely known as a provider of high quality, affordable legal representation to tax-exempt organizations and small businesses. As a former staff member at two nonprofit organizations and a small business owner, I am keenly aware of the critical legal issues these organizations confront, as well as their severe budget limitations. My dream is to deliver the same level of legal representation that large nonprofit institutions and Fortune 100 corporations receive from large corporate law firms, at a price that does not cause my clients to delay initiatives that will grow their organizations.
Feel free to send me 1 – 2 questions- something you are curious about – or would ask if you had hired me as a coach or consultant. Each month I will answer a question – for free – no strings attached.
For April the answer to a readers question:
Question: “As a manager, I want to make sure all of my direct reports “live: our brand, but “brand” is a new concept to them. Where do I start?”
Answer: Part of the more in-depth answer I delivered to this reader included:
Begin with asking what the team thinks it delivers to its customers or clients. Leverage that idea with the question of how well this is delivered.
Determine if the team members have any notions about team or organizational values – core concepts that the team or organization lives by.. an example might be:
What do you think our organization promotes as core values?
If you get a glassy-eyes stare you can suggest ideas…
Do we promote honesty, quality products, fast delivery time?
Take these answers and explore how they are relative to brand. Remember that brand when boiled down to its simplest components is about:
Expectations of clients + Promises and Solutions delivered = Perception/Reputation (AKA) Brand.
Hope that helps.. and remember any reader can send in a question. I will answer 1 – 2 questions per month for free– no hidden strings attached.
More news:
We will be starting a Brand Leadership Radio Show on TalkShoe. You will receive a subsequent email on this.
April is Sexual Assault Awareness Month. Listen to a survivor’s story in segments here.
“We make a living by what we get, but we make a life by what we give.” Winston Churchill
Article Published in Affluent Magazine, Personal Branding: Can it increase your happiness? - visit to read.
Interviewed in University of Balitmore Alumni Magazine: Ask the Experts: Surviving a Tough Job Market - FALL 2009, read here
Article published in Carlsbad Chamber of Commerce: Maximise Your Company's Brand - October 2009, read here.
Article published in Carlsbad Chamber of Commerce: Is Your Thinking Holding You Back? - November 2009, read here.
Mentioned in: More Great Tips (And An Invite) For Running Interactive Webinars - July 2009, read more here
