Posts tagged - employee issues

I Can’t Thank You Enough!

Posted on: December 18, 2013, in: , , , , , , , , , , , , , , ,

Of course, you think, another person telling you to be thankful during the holiday season. Kind of, but not really. You should be thankful for what you have, but year round, not just because it is this time of year. But that is not what I am talking about.

 

This time of year is a good time to remember to show gratitude. Yes, you should do so year round, but it is better late than never, and should be done in both your professional and personal worlds. Lucky enough to have someone clean your home? Some extra money may be sufficient without a card or hand written note (yes, there are still times a hand written note is appropriate), and arguably will be more appreciated than a gift.

But what about the guy or gal who referred you the big lead or client? Arguably shouldn’t be money (think kickbacks!).  Here a hand written note and thoughtful gift is the right idea. Not sure what to get them? You should be because you want to get to know people better who help you succeed and earn your living.

So remember to thank timely and often, and do it throughout the year. If you haven’t lived this way until now, this is a good time of year to start.

And to those of you kind enough to have referred a client to me, provided me with a lead or trusted me enough to connect me to one of your contacts, thank you!! And who knows, you still may be getting that hand written note and a gift…

Happy Holidays!

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Life is a Negotiation so be Prepared

Posted on: October 15, 2013, in: , , , , , , , , , , , , ,

As an attorney my life involves negotiation on a daily basis, professionally. But so does yours. You may negotiate with clients, customers, suppliers, co-workers, spouses or children. Is it for that big sale or to get your kid to do something? It doesn’t matter, prepare.

The preparation may just be thinking about the conversation. Or it may be strategizing with others or conducting role playing scenarios. There are many commentators out there who do a great job on writing about negotiation strategies and issues (For example, see Marty Latz’s (@MartyLatz) columns: http://www.negotiationinstitute.com/columns). Maybe your preparation can be researching his or other columns on the Internet. The point is do something; Think. It will help.

For me, professionally, negotiation can involve mediation, which is a more formal form of negotiation and usually is my client’s last opportunity to settle a dispute on terms agreeable to them before a judge or jury makes a decision that will impact their life or business in potentially unpredictable ways. That is a big deal. But so is the potential sale or going to the football game with your friends next Sunday.

One thing I always tell clients (and do when negotiating in my personal life) is to think about the person(s) you are negotiating with and the potential outcomes: your best case,  your worst case and what is an acceptable result (or range of results) to you. Know your audience because how you wrap the message is important.

I challenge you to try preparing for your next negotiation, whatever it is. And please let me know if you think your preparation helped or not (and if not, why).

If you want to talk about preparation for an important conversation or negotiation you plan to have, please feel free to call me (which is preparation too) because I may have a few ideas based on my experiences negotiating personally, professionally and as a mediator.

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Not All Customer Lists Are Trade Secrets

Posted on: August 14, 2013, in: , , ,

In a case decided this past April, the Arizona Court of Appeals found that whether a business’s customer list is a trade secret requires a factual inquiry. Calisi v. Unified Financial Services, LLC, Case No. 1 CA-CV-0812.  The court’s holding requires a two part inquiry to determine whether a customer list is, in fact, a trade secret.

First, a trial court must determine whether the customer list has been kept secret and there have been reasonable efforts to keep the customer list secret. If the facts show this to be the case, courts then must consider four factors to determine whether a customer list is a trade secret: (1) whether the customer list contains a selective accumulation of detailed, valuable information about customers; (2) whether substantial efforts were expended to identify and cultivate the customer base such that it would be difficult for a competitor to acquire or duplicate the same information; (3) whether the information in the customer list derives independent economic value from its secrecy and gives the business a demonstrable competitive advantage over others in the industry; and (4) whether the business divulged its customer list externally or internally. If a business cannot provide and present evidence to a court to support these four factors its customer list is not a trade secret.

The takeaway from this case is that  it is important to keep your customer list secret, and clearly never provide the list to people outside of your business, and to be able to clearly provide background on the list to support the four factors enunciated by the Court of Appeals.

As a side note, two of my partners represented the plaintiff and were successful on all issues in the appeal.

If you or anyone you know needs advice or assistance on either side of a customer list or trade secret case, please call me for assistance at (602) 248-1009 or email me at nhb@jaburgwilk.com.

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