Sunday, January 27, 2013

The 5 Pitfalls of Partnerships - Business Negotiation Services

We all like the synergism of a partnership. Two heads are better than one. Here are five pitfalls of a partnership that can negate that leveraging of the minds and spiral a business into oblivion.

The first is lack of a partnership agreement. When the partners or joint venturers get together, they are at the height of optimism. Everything seems right and the stars are aligned. Nothing can go wrong, we are all friends here, and who needs a ?stinking document?? Consider it insurance, it is your guide to follow when things do go wrong. Better to have an agreement in place when everyone is getting along, than to try to sort it out, when there is money involved, feelings are hurt and no one is talking to each other.

The second pitfall is not to have an exit plan or agreement in place. Things change over time. People?s perspectives change as well as their priorities. If people want to end the partnership, it is better to have planned it up-front, rather than wrangle with each other trying to put things in place when the stakes are higher. One of the worst break-ups in time was the Beatles. All they wanted to do was play great music together and get rich. They met both objectives, and then things changed. John fell in love, Paul wanted more writing credit, and George wanted to sing more. The band disbanded, and they never came together again. Two of the members have died and they will never be reunited, much to their fans sorrow. A good exit plan would have let the partners know that they could buy out some members, how the business would be valued and who got what. Without it, there is total chaos.

Next is lack of defining the scope of work. Who is going to do what and when? Often each of the partners is a specialist in their own area and needs to contribute to make the venture work. If one of them fails to execute, they all fail. The agreement should state who is responsible for each part of the business.

Fourth on the list is money. Both how much is put into the business; and how the profits (or losses) are divided. Two people who go into a partnership may think that everything is 50/50. This is fine when it works. What happens when one partner is late on the rent, or runs up bills in the name of the partnership without the other partner?s knowledge or approval?

How much time does each partner put in? What happens if one partner gets sick, has a family crisis (often a divorce or sick relative) and they drop out or quit coming to work? The other partner may be willing to cover them for a time, but what happens if no end is in sight. How will absence of one partner?s input be handled? Also, how will the distributions be impacted? If one partner goes from a 50/50 share of time and money, what happens if that partner goes to a 90/10 split on time? Does the other partner still get 50% of the income? I have seen a going business disbanded, because of an inequity in time that was never resolved.

First and foremost, any partnership should have a written agreement. In that agreement they should at least address the other four pitfalls in their partnership in order to keep things smooth. I have a questionnaire that I give my clients to guide them past these and other pitfalls so they avoid having to put together an agreement in order to end a partnership. It is far better to invest in getting a good agreement, than the enduring the stress and cost of disbanding a partnership under duress.

Source: http://businessnegotiationservices.com/the-5-pitfalls-of-partnerships/?utm_source=rss&utm_medium=rss&utm_campaign=the-5-pitfalls-of-partnerships

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'Fruitvale,' 'Blood Brother' win Sundance Awards

Director Ryan Coogler accepts the U.S. Dramatic Audience Award for the film "Fruitvale" during the 2013 Sundance Film Festival Awards Ceremony on Saturday, Jan. 26, 2013, in Park City, Utah. (Photo by Danny Moloshok/Invision/AP)

Director Ryan Coogler accepts the U.S. Dramatic Audience Award for the film "Fruitvale" during the 2013 Sundance Film Festival Awards Ceremony on Saturday, Jan. 26, 2013, in Park City, Utah. (Photo by Danny Moloshok/Invision/AP)

Sundance Festival Director John Cooper speaks during the 2013 Sundance Film Festival Awards Ceremony on Saturday, Jan. 26, 2013 in Park City, Utah. (Photo by Danny Moloshok/Invision/AP)

Host Joseph Gordon-Levitt speaks during the 2013 Sundance Film Festival Awards Ceremony on Saturday, Jan. 26, 2013 in Park City, Utah. (Photo by Danny Moloshok/Invision/AP)

Director, writer and cast member Lake Bell celebrates as she comes on stage to accept her U.S. Dramatic Waldo Salt Screenwriting Award for "In A World..." during the 2013 Sundance Film Festival Awards Ceremony on Saturday, Jan. 26, 2013 in Park City, Utah. (Photo by Danny Moloshok/Invision/AP)

Director and screenwriter Ryan Coogler reacts as he accepts the U.S. Grand Jury Prize: Dramatic for "Fruitvale" during the 2013 Sundance Film Festival Awards Ceremony on Saturday, Jan. 26, 2013 in Park City, Utah. (Photo by Danny Moloshok/Invision/AP)

PARK CITY, Utah (AP) ? The dramatic film "Fruitvale" and the documentary "Blood Brother" won over audiences and Sundance Film Festival judges.

Both American films won audience awards and grand jury prizes Saturday at the Sundance Awards.

"Fruitvale" is based on the true story of Oscar Grant, who was 22 years old when he was shot and killed in a public transit station in Oakland, Calif. First-time filmmaker Ryan Coogler wrote and directed the dramatic narrative.

"This project was about humanity, about human beings and how we treat each other; how we treat the people that we love the most, and how we treat the people that we don't know," the 26-year-old said as he accepted the final prize of the night. "To get this award means that it had a profound impact on the audience that saw it, on the people that were responsible for picking it up. And this goes back to my home, to the Bay Area, where Oscar Grant lived, breathed, slept, loved, fought, had fun, and survived for 22 years."

Fox Searchlight founder and Sundance juror Tom Rothman said "Fruitvale" was recognized for "its skillful realization, its devastating emotional impact and its moral and social urgency ? and for anyone out there who thinks for one second that movies don't matter and can't make a difference in the world.

"This will not be the last time you guys walk to a podium," he added.

The U.S. documentary winner, "Blood Brother" follows a young American, Rocky Braat, who moved to India to work with orphans infected with HIV.

"This means so much to so many kids," director Steve Hoover said as he accepted the award.

The Cambodian film "A River Changes Course" won the grand jury prize for international documentary, and a narrative film from South Korea, "Jiseul," claimed the grand jury prize for dramatic world cinema.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2013-01-27-Film-Sundance%20Awards/id-09c9d14a1cbd45d79a78329d2a846e93

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Super Bowl Alcohol Ban to Hit San Francisco?

Source: http://www.thehollywoodgossip.com/2013/01/super-bowl-alcohol-ban-to-hit-san-francisco/

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Saturday, January 26, 2013

Assigned Risk Plans - Blocked By Premium Bill Dispute - Workers ...

  • Must be unable to obtain coverage in the voluntary market at a competitive price. Records of declinations (minimum of 2) must be provided, if requested, during the policy period.
  • Presumed good faith eligible for the Plan in the absence of clear and convincing evidence to the contrary.
  • Must not have any outstanding premium obligations or other monetary policy obligations on any previous workers compensation ?insurance that is not subject to a bona fide premium dispute.
  • Must comply with reasonable health, safety, premium audit, or loss prevention requirements.
  • Must allow access to its records for audit or inspection under the policy.
ARP's are usually the insurer of last resort in most states. ?Your company may not be in the ARP due to your E-Mod. ?Insurance carriers may have decided to not write a certain market in a certain states such as dry cleaners, for example. ??

The current writing carriers for the Tennessee ARP are Liberty Mutual Insurance Company, Berkeley Risk Administrators, Hartford Insurance Company, Employers Insurance of Wausau, and Companion Property and Casualty Group.

Your E-Mod was high enough to be a concern, but not high enough to cause you to going into the ARP. ? ?Insurance carriers may consider certain types of employers as too risky to underwrite, even with a lower E-Mod. ?

The reason for the increased premium is that your company was assigned?to a participating carrier. ?Not all of the insurance carriers agree to underwrite companies in the ARP. ?The higher premium is due to the carrier having to write you an insurance policy without having any choice in the matter. ?

These sharp increases in premium can be very expensive. ?There are certain classification codes that differ by over 400% between the regular insurance market and the ARP. ??

The reason for your company being blocked is due to the fact that your pending premium dispute may not be documented properly or that you do not have a bona fide dispute with your previous or current carrier. ? What have you supplied to Assigned Risk Pool in reference to your dispute? ?Please make sure you have not let your policy lapse or your company may incur a very heavy fine.?

Many employers have found it difficult to remove themselves once they have been placed in the ARP. ?Alternatives to the ARP are:

  • Self Insurance - must be a larger company to self insure
  • Captives - a good alternative, your company is still self insured and must bear the brunt of the risk, rent-a-captive is an interesting option
  • PEO's - growing in popularity, a good choice IF you work with the right companies. ?There have been many unscrupulous PEO's in the news over the past few years.

Source: http://blogs.cutcompcosts.com/2013/01/assigned-risk-plans-blocked-by-premium.html

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Printable Mardi Gras Mask | Fun Family Crafts

Printable Mardi Gras Mask

Here is an easy Mardi Gras mask. Set out sequins, jewels, feathers and whatever other supplies you have on hand. Let your young crafters use their creativity to decorate their masks however they want. You?ll love the results.

Get the instructions for ??> Printable Mardi Gras Mask



Source: http://funfamilycrafts.com/printable-mardi-gras-mask/

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Stocks rise with S

Stocks rose on Wall Street Friday as the?Standard & Poor's 500 index closed above 1,500?for the first time since the start of the Great Recession in 2007.?Apple stock continued to decline, allowing Exxon Mobil to once again surpass the electronics giant as the world's most valuable publicly traded company

By Steve Rothwell,?AP Business Writer / January 25, 2013

Trader F. Hill Creekmore works on the floor of the New York Stock Exchange, Friday. Stocks have surged in January, with the S&P 500 advancing 5.4 percent.

Richard Drew/AP

Enlarge

The Standard & Poor's 500 index closed above 1,500 on Friday for the first time since the start of the Great Recession in 2007, lifted by strong earnings from Procter & Gamble and Starbucks.

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The S&P 500 rose 8.14 points to 1,502.96. It was the eighth straight gain, the longest winning streak since November 2004.

The Dow Jones industrial average closed at 13,825.33, up 46 points. The Nasdaq composite gained 19.33 points to 3,149.71.

Procter & Gamble, world's largest consumer products maker, gained $2.83 to $73.25 after reporting that its quarterly income more than doubled. P&G also raised its profit forecast for its full fiscal year. Starbucks rose $2.24 to $56.81 after reporting a 13 percent increase in profits.

"Earnings are growing," said Joe Tanious, a global market strategist at JPMorgan. "The bottom line is that corporate America is doing exceptionally well."

Tanious expects corporate earnings to grow at about 5 percent over the "next year or two," and stock valuations to rise. Currently, the S&P 500 is trading at an average price-to-earnings ratio of 14, below an average of 15.1 for the last decade, according to FactSet data.

Apple continued to decline, allowing Exxon Mobil to once again surpass the electronics giant as the world's most valuable publicly traded company. Apple fell 2.4 percent to $439.88, following a 12 percent drop on Thursday, the biggest one-day percentage drop for the company since 2008, after Apple forecast slower sales. The stock is now 37 percent below the record high of $702.10 it reached Sept. 19.

Apple first surpassed Exxon in market value in the summer of 2011, grabbing a title Exxon had held since 2005. The two traded places through that fall, until Apple surpassed Exxon in early 2012.

Stocks have surged this month, with the S&P 500 advancing 5.4 percent. It jumped at the start of the year when lawmakers reached a last-minute deal to avoid the "fiscal cliff." Stocks built on those gains on optimism that the housing market is recovering and the labor market is healing. The Dow Jones is up 5.5 percent on the year.

Deutsche Bank analysts raised their year-end target for the index to 1,600 from 1,575.

Companies will be able to maintain their earnings even if lawmakers in Washington decide to implement wide-ranging spending cuts to narrow the budget deficit, the analysts said in a note sent to clients late Thursday.

The yield on the 10-year Treasury note, which moves inversely to its price, climbed 11 basis points to 1.95 percent.

Among other stocks making big moves.

? Halliburton gained $1.91 to $39.72 after posting a loss that was smaller than analysts had expected. The oilfield services company said fourth-quarter profits declined 26 percent to $669 million on increasing pricing pressure in the North American market and one-time charges from the Deepwater Horizon disaster.Wall?Street?had expected worse.

?Hasbro fell $1.14 to $37.31 after the toy maker said its fourth-quarter revenue failed to meet expectations because of poor demand over the holidays. The company plans to cut about 10 percent of its workforce and consolidate facilities to cut expenses.

? Green Mountain Coffee Roasters rose $2.53 to $46.31 after an analyst noted that sales of a competing coffee brewer introduced by Starbucks were getting off to a weak start.

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/4i6bIwldijc/Stocks-rise-with-S-P-500-in-longest-winning-streak-since-2004

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Apple TV would signal future innovation

7 hrs.

Somebody pass Apple the remote ? Wall Street wants the channel changed.

Skittish investors sent Apple stock down 12?percent Thursday, one day after the computer giant?s quarterly revenue came in below estimates, and some analysts worried that weaker demand for its products was an indication that the company?s innovative prowess died with former CEO Steve Jobs.

?In any other context, the idea of punishing a company that delivered an 18 percent year-over-year increase, bringing quarterly revenue to $54.5 billion, would be absurd, but Apple, in a way, is a victim of its own success. Investors now expect the company to come in and reinvent entire practices and product categories, as it did with listening to music and cell phones, and they expect the next candidate for an iMakeover to be the television.

?We don?t think the old game plan is working,? Keith Bachman, analyst at BMO Capital Markets, wrote in a research note Thursday, lowering his 12-month target price from $640 to $580.

Related:?Why?stocks?rallied?even?while?Apple?got?crushed

While analysts tend to have more or less a clear consensus about the hurdles to entering the television market, they?re not unified around a clear idea of what "Apple TV" would come to mean. Whether or not they believe Apple management has a vision and the means to execute it shape their longer-term view of the company?s future.

?If products we hoped for like an iOS-based TV, and significant enhancements to platform components like Siri and iCloud don?t appear to be in store for 2013, we would lose confidence in the pace of innovation at Apple,? Goldman Sachs analyst Bill Shope wrote, lowering his 12-month target price from $760 to $660.

Analysts also voiced more prosaic, near-term concerns in response to Apple?s report and forward-looking guidance: A faster timeline for introducing new products and a slate of offerings that includes cheaper devices both could eat into Apple?s profit margin. ?I think that the challenge of the company would be present today with or without Jobs,? Doug Kass, president of Seabreeze Partners Management, said in an interview with CNBC on Tuesday.

But these factors wouldn?t matter as much if Wall Street believed that Tim Cook has the Next Big Thing up his sleeve. On the subject of TV, Cook was emphatic but vague on yesterday?s conference call. He touted the two?million-plus unit sales of the Apple TV set-top box and told analysts, ?I have said in the past this is an area of intense interest for us and it remains that, and I tend to believe that there is a lot we can contribute in this space.?

In an interview with NBC?s Brian Williams in December, Cook also expounded on TV, saying, ?It?s a market that we see that has been left behind.?

?It?s definitely the next area where investors are looking in terms of innovation,? said Brian Colello, a senior equity analyst at Morningstar.

The TV industry doesn?t necessarily need ? or want ? Apple, though. ?The difficulty is that the vast majority of TV content is owned by a small handful of companies who?s primary business model is bundling and cable [and] satellite distribution,? Andy Hargreaves, an analyst at Pacific Crest Securities, said via email. ?Those companies have little interest in contributing content to a service that could disrupt their primary business model.?

When Apple reinvented the way we listen to music, it presented the ailing record industry with a solution to flagging sales and rampant piracy. When it turned the smartphone from an executive tool to a go-everywhere gadget, mobile carriers came around to the realization that they could create a whole new revenue stream by selling data plans to casual users.

Today, Americans have more choice than ever when it comes to their TV-viewing habits: They can digitally record a show to watch later, access streaming content from sources like Hulu or Netflix, get premium sports or movie content via subscriptions stacked onto their cable bundle and so on.

It?s a jumble of options that can be hard to sort and search through, and often requires juggling multiple remote controls and services. Smart TVs that attempt to corral this overflow of content are on the market, but they?re not user-friendly enough to be appealing to the masses, Colello said. ?There have been some improvements but nothing is seamless yet, so Apple has an opportunity to close the door and make that a seamless interface,? he said.

Gene Munster, an analyst at Piper Jaffrey, also thinks a focus on TV content delivery could be Apple?s silver bullet. ?The question is, how can Apple improve the user experience without disrupting the amount of money the content providers are making,? he said. ?They can do things around content that can make the experience much different,? he said. In theory, a viewer only would have to go to a single platform and use one, intuitive remote control ? maybe one that understands plain English ? to search for or schedule shows to watch.

Munster thinks Apple plans to go beyond the set-top box. ?Our feeling is, and we feel strongly about this, is that it?s an actual television... given Apple?s DNA of design as a feature, plus the only way to truly fix the remote control problem is to put it all in one panel,? he said.

Trip Chowdhry, managing director of equity research at Global Equities Research, suggested Apple could make use of new display technology to develop TVs with ?ultra? or ?4HD? high-definition resolution.

It?s an intriguing idea, but Colello said Apple doesn?t have the luxury of time on its side. ?Apple does not have several years to do this,? he said. ?I think the stock tells you that investors are antsy already.? TV is the best category for Apple to redeem itself with a new blockbuster, he said. ?It would be an important signal after Steve Jobs? passing that innovation still exists at the company.?

Source: http://www.nbcnews.com/business/apple-tv-would-give-investors-important-signal-future-innovation-1C8106563

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