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FAQs
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What is the best e-signature software?
Electronic signature also known as online signature service is a method through which the signee gives upon his agreement to information specified in the document. With the emergence of Electronic signature the need to print, scan or fax paper copies is eliminated entirely. In today’s digital world where everything is moving online so is the signing process especially when it holds legal importance and provides security to the information.Here Are Some Best E-Signature Software In 2019-MSB DocsIt is a smart and secure e signatures solution that helps in digitalizing burdensome paper process...
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What does the paperwork lawyers create for a case look like?
If a lawyer is submitting a paper to the court, in most cases, it normally contains:A caption. This is information containing the names of the parties. These are on the left side. On the right side will be information about the Court, the docket number for the case and the month and year the case was placed into suit. http://www.moeb.uscourts.gov/for...An explanation of what the document is. This is in bold across the top of a page.If the lawyer is asking the court to do something, the document will contain an order. This document contains the caption, a statement about what the order is, a blank space for the date and a blank signature line for the judge.Then you will have a series of numbered paragraphs. Each addressing something. It might be laying out the complaint, responding to the complaint (this is called the answer), listing facts, explaining the history of the case, detailing a preliminary objection. It can be anything. But each item is numbered. We call them paragraphs but often they are only a sentence or two. http://www.cod.uscourts.gov/port...After that, you may have a legal memorandum of some kind. This will be backing up whatever you are requesting. Say you are asking for a summary judgment. The legal memorandum will provide legal support, based on the facts of the case, for your argument that the summary judgment motion should be granted. Here we will cite relevant case law, statutes, etc.If you are asking the court for something, you will restate it, probably several times. And you do so very, very respectfully. In fact, the request is where you tend to see us use old fashioned or legalize type language. You often see this at the very beginning too.Here is the start of Preliminary Objections. This is something a lawyer files in response to a Plaintiff’s complaint. We are not even answering the complaint yet, we am saying, there are problems here:AND NOW comes the Defendant NAME, by and through her attorney, Jennifer L. Ellis, Esquire, to hereby file these Preliminary Objections to Plaintiff’s request to amend the above-captioned Complaint pursuant to Pa.R.Civ.P. 1028 and in support thereof avers as follows:And then I will end it with something like:Wherefore, Defendant NAME requests this Honorable Court grant her preliminary objections and strike Plaintiff’s amended complaint with prejudice.7. Then you will include a verification swearing that everything is true to the best of your knowledge, as well as a certification that you are serving the document on all parties.Of course, we also write other documents. Internal or external legal briefs, for example. Notes, letters, etc. Those look pretty much like you would expect.It is critical that anything we submit to a court follow the correct rules. Different courts have different rules, even from county to county. And if you submit something incorrectly, it will be bounced back to you. So we often get forms from the court’s website and adapt what we write accordingly.Even the most simple cases tend to have a copious amount of documents. I generate a lot of paper. Not literally, since I mainly work electronically, but a lot is happening in the background. I submitted a document the other day which included about 100 pages of exhibits. The document itself was probably about 3500–4000 words. The exhibits were other documents that had been generated in the case.I am not sure if this is what you are asking. If it isn’t, let me know.
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How does one create a business plan?
Startups 101: How to Create a Business PlanThe first thing you need to do is create an executive summary and a mission statement. After that, you need to study your market, compare yourself to your competition, create a share structure, outline financials, and fill out the rest of the pertinent data like the other people suggest.Below is an example of the last executive summary and mission statement that I created for a company I was planning to launch earlier this year.Since I own the company, wrote this from scratch, and decided that I will not be launching this product, I decided to share. (Yes, it is heavily focused on marketing, but that's my primary expertise, if I'm even somewhat good at it... Who in the world knows...)I worked with a Product CEO and operated as the COO at this company and recruited a highly talented team, however the Product CEO decided to part ways so we scrapped the business.Also, you may not want to make a public benefit company unless you already have investors you can turn to for sure who don't care what kind of business you own. If you are seeking to raise money from venture capital, then it is highly unlikely that they will invest into your model. 1.0 EXECUTIVE SUMMARYCompany Name | Tagline | An American Public Benefit Company Founded in February of 2013, (“SE”) features contemporary women’s fashions specializing in comfort, fit and sexiness, established by a diverse group of individuals, led by the C.E.O. Ms. Lee. SE holds idealistic aspirations of giving back to the underprivileged, creates American Jobs and gives back to the community, while keeping the clientele engaged through social interactions SE provides: • A Philanthropic Vision. • Patriotism. • Quality Clothing. • Best Styles for women of the 21st Century. • Quality Content. • An Interactive Community. SE’s innovative design and marketing team constructs visionary product campaigns and strategies, designed to push SE to the forefront of the industry. Derived from the fictional character, Sophia Serrano, from the film Open Your Eyes, SE’s inspiration is characterized by Sophia’s radiant qualities of being: positive, down-to earth, original, mysterious, sexy, and guileless in a perfect world. Sophia is the “ideal” woman because not only is she divine in nature, she is able to cope through the greatest obstacles that obstruct her from her path. Simultaneously, Sophia is so unique, she makes a man follow her into the afterlife of his dreams. Not only did she (tagline) in the real world, she left him in need of her in the afterlife. SE wants other fashion brands and the world to know that everyone in this world matters, no matter your race, ethnicity, financial background or country of origin. SE empowers people to make a difference by: • Helping the Underprivileged Children of America. • Creating American Jobs. • Providing a more Eco-Friendly environment. All of SE’s products are made in the United States, providing more opportunities to influence economic growth. SE ensures no usable fabric goes to waste by collecting all the scraps of fabrics and donating the items to (charity), with the sole intent to create exclusive items, blankets, or articles of clothing for the less fortunate. In addition, SE donates 10% of all sales to (charity) , to help feed, clothe, and provide shelter for the less fortunate.SE plans to take a creative approach to branding and marketing the company. Not only will SE use traditional methods of marketing, such as mailing clothes to celebrities, look books to bloggers and editors, buying editorial spots, sponsoring events, and advertising online, SE will take grass root efforts to the next level in attracting hits to the website, along with social media to keep the clientele engaged. Sending celebrities, fashion editors and bloggers free gifts never guarantees the promotion of an item, so SE has decided to implement a revenue sharing program with its clothing. Each individual influencer will have a personalized URL to direct their clients to SE’s website. Each purchase made within thirty days by the referral of an “influencer” will generate an earnings check of $25 to the referrer. Checks will be cut once the accumulated balance signNowes $300, or can be exchanged to store credit. SE will seek out make up artists, photographers, stylists, and other professionals within the fashion industry to provide an opportunity to earn an extra source of income through its revenue sharing program. SE will also provide clothing to stylists, to have featured in editorial along with video content. SE’s grassroots efforts will take place in the form of carefully selected event sponsorships. Through event sponsorships, models will be showcased wearing the SE product through a trade booth. SE will take pictures of celebrities who try on the products and feature blog posts through social media efforts of the celebrities, while distributing the highly sought out images to fashion bloggers. SE will then pass out $10 SE Clothing Branded Gift Cards to people who fit the role of the target consumer of the brand at the event. Initially, 50,000 gift cards will be made for distribution within the first year, of which we expect at least 25,000 to visit the website URL. SE will implement a referral based program, where if a friend is referred to purchase an item through the SE website through their email or social media link within 30 days, the customer will have the choice to have one of the following occur: • $25 will be credited to the referrer’s account for Future Purchases. • $25 will be donated to the referrer’s Charity of Choice. The referee will also receive $10 credited off their first purchase. Studies indicate that 1 out of every 3 customers will refer their friends to a site that they trust and enjoy. SE will partner with publishers and affiliates such as Google Affiliate, Commission Junction, Avantlink, Affiliate Window, Webgains, Pepperjam, Integrate, Etc. to allow professionals to earn a profit by referring their clientele to purchase items from SE. In order to create better organic SEO (Search Engine Optimization) results to guide more online traffic to the website, SE will carry lines of both popular name brand and up-and-coming American Made products by other designers, such as Nasty Gal, Diesel, Ralph Lauren, Armani, Etc. In order to acquire the product necessary, SE will create a strategic partnership with its manufacturer to sell their excess inventory. Once new customers visit the SE site, they will be given an opportunity to register on the site to claim their $10 credit. Through registration, information such as the customer’s name, email address, phone number, address, and social media profiles will be gathered. Once the customer registers, they will be able to access the site. A welcome email will be sent to the customer within one day, welcoming them to the site. Within 5-7 business days, a letter stating SE’s appreciation of the customer with an outline of the brand’s philanthropic vision will be physically mailed to the customer on company letterhead and hand signed by the C.E.O., Ms. Lee. The customer will then be emailed, informing them that their gift card will expire in 30 days, 3 weeks, 15 days, 7 days, 3 days, 2 days, and a final offer email. This cycle will repeat for another 30 days for a total of 60 days, which will trigger a sense of urgency within purchasing an item within the allotted timeframe. SE will engage with customers by providing the first few sentences of educational content through email, while providing links to the blogging section of the website to read the full article, along with social media efforts on Pinterest, Facebook, Twitter, DeviantART, Tumblr, Google+, Polyvore, Wanelo, Quora, Lyst, Etc. to build trust with the clientele, and keep them engaged with the brand. SE will track user activity through analytic services provided by Kissmetrics to measure which campaigns work best, to better understand our audience. SE will influence increases in transaction sizes by donating one item to charity for every $300 spent in a single transaction. Not only would revenues increase, the philanthropic vision would accelerate to creating a bigger influence to society, which in turn will create a better image for the brand. SE will have a section on the site where users can upload images of their new purchases, how they pair their outfits, provide feedback to others, and like other consumer’s styles, creating an engaged society of buyers who become advocates and prosumers of the brand. SE will begin sales on the retail website, then slowly trickle into many online boutique stores, physical boutique stores, then into major department stores. Since bulk purchases from vendors decrease manufacturing costs, the business model is extremely scalable. As SE becomes a more established brand, price increases will be implemented in 10% increments per season, increasing profit margins while manufacturing costs decrease. SE will create separate databases for consumers who have at least purchased one item and another database for loyal consumers. In regard to the database of consumers who have purchased, collateral material providing a promo code for a promotional discount will physically be mailed to the clients two weeks prior to an anniversary or holiday sale, to provide exclusive access to the promotion. SE will randomly select users from the loyal consumer database to provide a free gift with purchase, expedited or free shipping, and various other promotional tools to reward brand loyalty. Once SE establishes a loyal client base, verticals will be integrated one product at a time in minimal quantities, initially to test the market to see how well the product does. Verticals will range from products such as cosmetics, shoes, handbags, hats, stockings, scarves, jewelry, and other womenswear based products. Led by C.E.O. Ms. Lee, SE has hand selected a managerial team of 8 creative unique individuals to grasp a portion of the $500+ billion dollar market by creating quality content, negotiating with vendors, managing finances, and laying out the long term growth of the company, all while creating beautiful product. 10 years from now, in the year 2023, SE plans to be acquired by LVMH, PPR, Richemont, Valentino Fashion Group, The Aeffe Group, Puig, Diesel, Phillips-Van Huesen, Hermes, Liz Claiborne, Inditex, The Arcadia Group, or Aurora Fashion for a strike price of $300 million. SE is currently seeking seed financing in the amount of $275,000 to be used to cover manufacturing, marketing, legal and operational expenses to establish the brand. MISSION STATEMENTUnited together, SE’s commitments to society are as follows:#1. To Mother Earth:We vow to make sure that no usable fabric is wasted. All usable scrap material will be recycled into specialty items, blankets or created into articles of clothing for the less fortunate.#2. To Our Nation:We vow to Shop American. We vow to only manufacture our product in America. We are creating American jobs and doing our part in rebuilding the American economy.#3. To Our World:We vow to take a stance against child labor. We take a stance against the Chinese sweatshops with hazardous work conditions.#4. To The Less Fortunate:We vow to provide food, clothing, and shelter for children who are unable to take care of themselves, especially the ones right here at home.#5. To Our Customers:We vow to make sure you feel beautiful and (tagline). We vow to create the sexiest, most reliable products made from the best material we can find. We will provide the best fit possible. We will listen to your opinions and make decisions based off of your feedback. Your voice will be heard. #6. To Our Design PartnersWe vow to provide our client base accessibility to your designs to increase your exposure in the market place. Whether you are a small designer who is just beginning or an established brand, there is a place here for you to showcase your items, as long as the product is manufactured here in America.#7. To Our Employees: We vow to bring the jobs back home and provide fair wages. We vow to provide a fun and friendly stress-free work environment.#8. To Our Shareholders:We vow to provide you a seat on our board. We vow to listen to your expertise. We vow to provide returns in a timely manner. We vow to fulfill your philanthropic vision.Oh, it might be in your best interest to include a mind map as well.The first five pages should include the following information:BUSINESS DEVELOPMENT PLAN MARCH 2013 ****** CONFIDENTIALITY & DISCLOSURE NOTICE ****** IMPORTANT: This document is for information purposes only and sent at your request and is covered by the Electronic Communications Privacy Act 18 U.S.C. 2510‐2521. This is neither a solicitation of investment nor an offer to sell and/or buy securities. This communication may contain non‐public, private, confidential or legally privileged information and documents intended for the sole use of the designated recipient(s). The unlawful interception, use or disclosure of such information is strictly prohibited under the applicable laws of the U.S.A. and the State of Nevada. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons/entities other than the intended recipient is prohibited. If you received this document and / or a transmission of this document in error, delete any electronic copies of this document and / or return this document to (Name, Address) CONFIDENTIALITY & DISCLOSURE NOTICE IMPORTANT: This document is for information purposes only and sent at your request and is covered by the Electronic Communications Privacy Act 18 U.S.C. 2510-2521. This is neither a solicitation of investment nor an offer to sell and/or buy securities. This communication may contain non-public, private, confidential or legally privileged information and documents intended for the sole use of the designated recipient(s). The unlawful interception, use or disclosure of such information is strictly prohibited under the applicable laws of the U.S.A. and the State of California. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons/entities other than the intended recipient is prohibited. If you received this document and / or a transmission of this document in error, delete any electronic copies of this document and / or return this document to (Name, Address) CONFIDENTIALITY AGREEMENT The undersigned reader acknowledges that the information provided within this Business Development Plan (“BDP”) is confidential; therefore, reader agrees not to disclose it without the express written permission of SE. It is acknowledged by reader that information to be furnished in this BDP is in all respects confidential in nature, other than information which is in the public domain through other means and that any disclosure or use of same by reader, may cause serious harm or damage to SE and other sources identified herein. The information, estimates and projections contained herein have been prepared by SE in good faith and on a basis believed to be reasonable; such estimates and projections involve signNow elements of subjective judgment and analysis. No representation or warranty, expressed or implied, can be made as to the accuracy or completeness of such information, and nothing contained in this BDP is, or shall be relied upon as, a promise or representation as to the past or the future. This BDP is submitted in connection with the evaluation of a potential transaction and may not be reproduced or used, in whole or in part, for any other purpose. Upon request, this document is to be immediately returned SE,. ___________________ Signature ___________________ Name (typed or printed) ___________________ Date This is a Business Development Plan. It does not imply an offering of securitiesFORWARD LOOKING STATEMENT This document may contain certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, including, but not limited to, statements as to future operating results and plans that involve risks and uncertainties. We use words such as “expects”, “anticipates”, “believes”, “estimates”, the negative of these terms and similar expressions to identify forward looking statements. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company to differ materially from any future results, performance or achievements expressed or implied by those projected in the forward-looking statements for any reason. References herein to “the Company,” “we,” “our,” “us” and similar words or phrases are references to SE, and/or its subsidiaries, unless the context otherwise requires. CONTACT INFORMATION Inquiries may be directed to the appropriate party below:Leonard Kim COO SEAddress:Phone: Fax: Email:The Table of contents should include the following information that no one, aside from analysts read:TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY1.1 OBJECTIVES1.2 MISSION1.3 KEYS TO SUCCESS 2.0 COMPANY SUMMARY2.1 CAPITALIZATION SUMMARY2.2 COMPANY LOCATIONS AND FACILITIES.3.0 PRODUCTS AND SERVICES3.1 THE SE TECHNOLOGY3.2 COMPETITIVE COMPARISON3.3 MARKETING MATERIAL3.4 TECHNOLOGY FULFILLMENT3.5 FUTURE PRODUCTS AND SERVICES4.0 MARKET ANALYSIS SUMMARY 4.1 MARKET SEGMENTATION 4.2 TARGET MARKET SEGMENT STRATEGY4.2.1 MARKET NEEDS4.2.2 MARKET TRENDS 4.2.3 MARKET GROWTH4.3 SERVICE BUSINESS ANALYSIS 4.3.1 BUSINESS PARTICIPANTS 4.3.2 DISTRIBUTING A PRODUCT 4.3.3 MAIN COMPETITORS 5.0 WEB PLAN SUMMARY5.1 WEBSITE MARKETING STRATEGY5.2 DEVELOPMENT REQUIREMENTS6.0 STRATEGY AND IMPLEMENTATION SUMMARY6.1 SWOT ANALYSIS 6.1.1 STRENGTHS6.1.2 WEAKNESSES 6.1.3 OPPORTUNITIES6.1.4 THREATS6.2 STRATEGY PYRAMID 6.3 VALUE PROPOSITION6.4 COMPETITIVE EDGE 6.5 MARKETING STRATEGY SUMMARY6.5.1 POSITIONING STATEMENT 6.5.2 PRICING STRATEGY6.6 SALES STRATEGY 6.6.1 SALES FORECAST 6.7 MILESTONES7.0 MANAGEMENT SUMMARY 7.1 ORGANIZATIONAL STRUCTURE 7.2 MANAGEMENT TEAM 7.3 MANAGEMENT TEAM GAPS 7.4 PERSONNEL PLAN 8.0 FINANCIAL PLAN8.1 START-UP FUNDING 8.2 KEY FINANCIAL INDICATORS8.3 BREAK-EVEN ANALYSIS 8.4 PROJECTED PROFIT AND LOSS 8.5 PROJECTED CASH FLOW 8.6 PROJECTED BALANCE SHEET 8.7 BUSINESS RATIOS 8.8 THE INVESTMENT OFFERING8.9 VALUATION8.10 USE OF FUNDS9.0 APPENDICESTABLE: SALES FORECAST TABLE: PROFIT AND LOSS TABLE: PROFIT AND LOSS TABLE: CASH FLOWTABLE: CASH FLOWTABLE: BALANCE SHEETIf you're using a business plan to try to attain a loan for a small business... I took a different business plan for a nightlife company, brought a cofounder with a 680 credit score, and went to Long Beach SBDC and they helped me get approved for a loan from a credit union for $30,000 two years ago. The whole process took less than a week, since we already had our business plan finished prior to showing up. We ended up not taking the loan because our programmer ran off with the money we had paid him prior without delivering our technology.There are Small Business Development Centers, sponsored by the Small Business Association, all across the United States that will help you make a business plan for free, read it, and even shop it out for business loans.If you're using a business plan to attain financing from an Angel Investor or VC, then all that matters is your executive summary and your slideshow. I mean, you still need the other data filled in, but these are the only two areas of which they put their main focus on. However, a lot of investors use two financial analysts to carefully go over every detail within a business plan prior to investing their own cash. So, the fine details are pretty important regardless of what anyone else says. Also, if you need to know how to split equity with your startup, read more here: How much equity do you give early employees when the company is bootstrapped?Read more at my blog: Startups 101: How to Create a Business Plan
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How do you build stamina for working long hours?
Before I answer this question, I want to start by pointing one thing out…You’re not supposed to work long hours!According to all of the best research, after 35 hours of work, your weekly productivity will begin to declineThis means that if you were working at a level 8–10 for the first 35 hours of the week, you’ll be working at a level 5 or below for hours 35+.While there are many people like Gary Vaynerchuk who seem to be able to bend reality to their will and work insane hours for extended periods of time, the simple fact of the matter is this:You only have so much mental energy to expend in a week.You cannot be operating at 100% for 60, 70, or 80 hours a week. It’s just not possible.And if you try… Then you are going to wear yourself out and lower the quality of the other hours that you work.It’s far better to work 35 or fewer hours per week where you are hyper focused and productive than it is to work 60 where you are burnt out and frustrated.But I digress…If you’re anything like I was 2–3 years ago, you’re going to read this and completely ignore it, and that’s fine. Most people have to experience things firsthand before they will really believe them.So with that disclaimer out of the way, here are a few tips and tricks for increasing your energy, focus, and productivity so that you can work long hours effectively.(Note: Some of this content is pulled from my Ultimate Guide to Limitless Productivity where I share the most scientifically validated ways to increase your productivity and get more done in less time)1. Sleep at Least 7.5 Hours Each NightIf you want to have the stamina to work long hours, then you need to make sure that your body and mind are fully rested and equipped to handle an arduous work load.According to Medical Daily, 40.6 million Americans, more than 30% of the workforce, are chronically sleep deprived.Now, at first glance, you might think, “C’mon Andrew, who gives a crap? You can sleep when you’re dead, these people just need to work more!”But when you consider that sleep deprivation has been linked to:DepressionDeliriumHallucinationsImpaired Cognition and an Increased Risk of Preventable AccidentsNot to mention, an increased risk of infections, cancer, and overall mortality.You begin to realize that sleep deprivation is a big deal.Like a really big deal.I know that most young people love the #hustle mentality and believe that there is something noble or productive in sleep deprivation.But nothing could be further from the truth.Unless you have the rare genetic mutation, DEC2, (present in less than 5% of the population) sleeping less than 6 hours a night is literally killing you.And the worst part?You aren’t even aware that it’s happening.Now, let’s consider the positive effects that studies have shown to be present when an individual gets sufficient sleep.Improved memoryLower systemic inflammationImproved immune functionElevated moodLearning and problem-solving abilities improvedI don’t know about you, but I personally believe that having a better memory, experiencing less illness, feeling happier, learning faster, and solving problems more rapidly all strongly correlate to being more productive.This isn’t just my opinion either. In fact, some of the world’s top performers report sleeping more than 8.5 hours a night.Podcast Guest, Neil Patel sleeps 9.25 hours a night while running three multi-million dollar businesses.Arianna Huffington, Co-founder of the Huffington Post and multimillionaire claims that sleeping 8 hours a night was partially responsible for her success.James Altucher, multi-millionaire investor, and hedge fund manager includes “Sleeping 8 Hours” as one of the keys to his financial successAt this point, it should be clear that getting more sleep is, indeed, one of the quickest ways to boost your productivity.But the question still remains, “How much sleep do I need, and how can I get better quality sleep?”According to the National Sleep Foundation, adults need 7-9 hours in order to prevent the effects of sleep deprivation from affecting your life and productivity. (slightly more if you’re an avid athlete)As for increasing the quality of your sleep, it’s actually pretty simple.Go to bed before 11 p.m.Wake up at the same time each daySleep in a completely dark and cold room (research shows that 65-67 F is ideal for sleep)Exercise dailyTurn off all electronics 60 minutes before bed.I know that this particular section was a little bit long-winded, but this point is so important that I couldn’t simply breeze through it.If you want to be more productive, you need to sleep. Period.Until you are getting 7.5-9 hours of sleep on a consistent basis, the other tactics included in this guide will simply fan the flames of burnout until, eventually, you collapse in a stressed out, sleep deprived panic attack.Take it from me (and thousands of scholarly studies), quit trying to join the sleepless elite and get your 7 hours. M’kay?2. Sweat for At Least 20 Minutes a DayStudy after study after study has illustrated the tremendous importance of daily exercise.From:Decreased depressionElevated mood, reduced stress, and less anxietyImproved blood flow to the brainThe production of new brain cellsImproves memoryImproved discipline, impulse control, and decision makingIn fact, there are SO many benefits to exercise, that the Harvard Business Review has stated that regular exercise should be a mandatory part of any job description.Luckily, studies have shown that you don’t have to exercise for hours every day to reap these benefits.In fact, just 150 minutes of weekly exercise (that’s 30 minutes every weekday) is more than sufficient to improve your productivity, mood, and general well being.If you are exercising exclusively for increased productivity, studies have shown that 2-3 moderately intense sessions of aerobic exercise each week will have the most dramatic impact on your ability to focus and concentrate.However, this does not mean that you should exclusively train your aerobic capacity.Further research has indicated that combining regular aerobic conditioning with an intelligent weightlifting regimen (I recommend this one) and regular yoga will have the greatest impact on your ability to be more productive and stay focused throughout the day.3. Eat Clean Burning Foods and Reduce Your Carb Load Early in the DayMost people underestimate the effect that your diet has on cognitive performance and general productivity.Think about it this way…Your brain is the center of all productivity.Although that tiny little supercomputer takes up only 2-3% of the total mass of your body, it burns more than 20% of the calories that you consume!In and of itself, this should clearly illustrate the link between food and productivity.Studies from the Harvard Business Review have shown an inextricable link between the calories that you consume and the ability for your brain to focus and achieve long-lasting concentration.I won’t bore you with all of the science, but I will suffice it to say that what you eat matters… A lot.If you want to be as productive as possible, you will want to clean up your diet.Here are a few guidelines to get you started.Eliminate as many processed foods as possibleConsume slow burning foods such as raw vegetables and fibrous carbohydrates throughout the day to properly regulate glucose levels in the brainConsume your biggest and highest carb meal after your workout or at dinnerSkip breakfast and opt for coconut oil coffee or eat a very protein and fat rich breakfast (no carbs!)Although you can dive much much deeper into the world of productivity and focus through dieting, simply eliminating processed foods, increasing the number of vegetables you eat, and waiting until later in the day to consume carbs will dramatically improve your productivity almost overnight.If you are interested in learning more about how your dietary choices and productivity are related, check out this awesome infographic from Hubspot.4. Bring the JoyAlthough it might seem like common sense, happy and excited people are more productive.How much more productive?Well, according to a study compiled by Professor Andrew Oswald, Dr. Eugenio Proto and Dr. Daniel Sgroi from the Department of Economics at the University of Warwick, happy employees are 12% more productive than their unhappy peers!I don’t have time to dive into all of the amazing research that has been compiled in recent years that details what determines human happiness, (you should check out the Happiness Advantage by Shawn Achor if you’re interested in this), I want to share a quick tactic I picked up from Brendon Burchard.The tactic, called “Bring the Joy” is simple enough, but the results you will experience are profound.All I want you to do is to set 3 alarm on your phone titled Bring the Joy.Set them to go off at different times throughout the day and, when you see the notification pop up on your screen, I want you to ask yourself three questions.What level of joy and presence am I bringing to this present moment?What am I grateful for today?How can I bring more joy and excitement into my current interactions and activities?Like I said, simple right?I challenge you to try this tactic for the next 30 days and genuinely pause and become aware of your state every time your alarm goes off.You will be amazed at how much more productive and joyful your life will become.5. Meditate for at Least 10 Minutes a DayAlthough the scientific community needs to further evaluated the direct link between meditation and productivity, several studies like this one, conducted at a Fortune 100 company, show a very clear link between a regular meditation practice and increased productivity at work.The reason for this is simple.Meditation is proven to help: (source)Lower blood pressureAlleviate symptoms of insomniaReduce depression and anxietyReduce painReduce symptoms of IBSAid in smoking cessationOh, did I mention that it has also been shown to rebuild grey matter?As I’ve already discussed, happiness and productivity are inextricably linked and it should be pretty clear that any practice which decreases depression, anxiety, and sleeplessness will, by default, improve your productive output.I challenge you to take up a meditation practice for the next 30 days and record how you feel.Arnold Schwarzenegger, the infamous bodybuilder, real estate tycoon, and “Governator” of California stated that his one year of intense TM (Transcendental Meditation) practice has created results that6. Take Strategic Breaks Throughout the Day to Maintain Your Energy and EnthusiasmOne of the most surprising ways to increase your energy and boost productivity is actually to work less and take breaks more frequently.Study after study has shown that the human brain cannot focus (effectively) for more than 90 minutes.Eventually, your brain needs a break from any given task to consolidate and process information, renew our focus, and ensure that our tasks are ultimately congruent with our goals.Later in this article, I’ll discuss the Pomodoro method which helps cement these findings into your daily workflow.But for now, I simply want to encourage you to start taking a 45-60 minute break in the middle of every workday.During these breaks, I recommend that you:Practice meditationWalk outsideEat a light snackDo some calisthenicsReadTalk with friendsTest out different methods of recharging yourself and renewing your focus throughout the day and it will pay dividends in the long run.7. Eliminate Email as Much as PossibleNothing will drain your focus and stamina more than wasting nearly 30% of your work week responding to emails!In the United States alone, the average employee spends more than 28% of their time or 13 hours a week responding to emails.That’s more than 650 hours a year wasted on largely unproductive, reactive, and unnecessary correspondence!Over the average employee’s lifespan (45 working years) that equates to more than 29250 hours wasted on email.For those of you who are quick with a calculator, this means that the average employee will spend 3 years of their life responding to and clearing out emails!That’s a jaw-dropping amount of time to spend on such an insignNow and largely unimportant task as email.So what in the hell are we going to do about it?Although entire books have been written on the topic of reducing email overload and reclaiming your inbox (and your life) I will keep things simple.I recommend that you:Check email only twice a day (I do it at 10 a.m. and 4 p.m.)“Touch it once”. Either respond to, archive or delete an email. Never leave it in your inboxStop using email folders and simply search for emails when you need themKeep your emails to 5 sentences or less and inform people of this policy in your signature (shoutout to Chris Bailey for this one)Go on an email vacation and let co-workers know you won’t be responding to email until you are done with your biggest project (they will survive I promise)If you do nothing other than implementing these five tips your productivity will skyrocket.Imagine if you could reduce the amount of time you spend on email to only one hour a week.How much more could you accomplish with 12 extra hours in your work week?How much income could you create? How many promotions could you secure?The more you think about it, the more you will realize that email is the scourge of productivity and, although it is a necessary evil, it is an evil nonetheless.8. Embrace the Power of “No”The most powerful word in the entire English language is composed of only two letters.“No”The word “No” has started wars, ended wars, overthrown oppressive governments, and, as it pertains to our conversation, revolutionized personal productivity and fulfillment for people all over the world.Just think about it for a moment.How much pain, discomfort, and genuine wasted time have you experienced in your life because you said “Yes” when you should have said “No”?How many times have you spent an afternoon with people that you didn’t like, in a setting that made you uncomfortable, for a purpose you couldn’t ascertain simply because you didn’t have the courage to say “No”?If you are anything like me, the answer is probably “A lot”.I know from first-hand experience that implementing the power of “No” into your life can be very challenging.For years, I was a chronic people pleaser.I would go to parties I didn’t want to attend, stay late at work, go on dates with people I didn’t care for, and generally lived my life for the approval of others instead of my own personal satisfaction.Until one day, I had enough.I was burnt out, stressed out, wallowing in unfinished projects, unmet personal expectations, and general angst about my existence.So I decided to say “No” more often.I said no:When family members wanted to hang out during my workdaysWhen audience members asked to take me to lunch (I love you guys but I literally cannot meet with 30,000+ men 1-on-1)When friends wanted to go out and I didn’tWhen people made unfair requests of me and my timeWhen people asked for unwarranted favors because they were “My friend”I said “No” to the bad and even the good so that I could say “Yes” to the great.And if you want to be as productive as possible and create a truly prolific life, then you must learn to do the same.9. Use the Pomodoro TechniqueRemember how we talked about the importance of taking breaks way back in Path #1 (yeah, I know this is a long ass article)?Well, it turns out that taking breaks every 50-90 minutes can be just as effective at increasing your productivity and focus throughout the day as the 45-minute renewal exercise we already discussed.The reason for this lies in something called the Ultradian Rhythm.Effectively our brain waves are cyclical and go through peaks and troughs roughly every 90 minutes.In the same way that your brain cycles through different wavelengths during a 90-minute sleep cycle, so too does your brain cycle through wavelengths in a “basic rest-activity cycle”.If you are interested in learning more about the science, you can check out this article from Tony Schwartz.Knowing that cognitive output is cyclical, meaning that you physically cannot sustain high levels of concentration without intermittent periods of rest, changes the entire approach to productivity and focus.This is where the Pomodoro technique comes in handy.Instead of fighting against your Ultradian Rhythm, the Pomodoro technique works with it.Here’s what you do.Instead of simply sitting down at your desk to work, you are going to pick one of your most important tasks of the day (which I will talk about in the next point) and focus on it for a definite length of time between 25 and 90 minutes.Then, you are going to set a timer, eliminate all distractions, and get to work on that project with single-focus until the timer goes off.When the timer buzzes, you are going to take a break anywhere from 5-22 minutes (depending on the length of your work session) before sitting back down to begin the process all over again.All you need to complete the Pomodoro Technique is:A physical or online timerSomething to work onYour brainIt really is that simple.I’ve tested this tactic out for myself and have noticed that I am consistently more productive, more efficient, and more happy with my output when I use the Pomodoro technique on a regular basis.10. Create Locational Anchors to Build Productive StatesAn underground tactic that I’ve found to be immensely effective in recent months is the use of locational anchors.This concept was first introduced to me when I listened to an excellent podcast with Jairek Robbins.Jairek discussed the concept of locational anchors by explaining that the brain works through the power of association and that, the more associations we can build for a specific task, the easier it will be to accomplish it.This is why doctors tell you to only use your bed for sleep and sex.You want to make sure that when it’s time to unwind or *ahem* perform, that your body and brain associate your bed with those activities.This is also why it’s so much easier to have an awesome workout at your local gym than it is with an Iron Gym in your living room.However, Jairek took things a step further and recommended that you actually develop locational anchors for ALL major tasks that you must complete throughout the day.For example:Check email at the kitchen tableTake conference calls at your local cafeWrite at your desk while looking out the windowDesign sales funnels at your desk with your back to the windowComplete all administrative work at a specific nook in your houseThe list goes on and on.Unfortunately, I couldn’t find any direct research to back up this particular hack, however, after experiencing its effectiveness first hand, I couldn’t leave it off this list.Give it a go for 90 days and I promise you will get more done than you ever believed possible.Final Thoughts: Take it Easy on Yourself!Before I leave you to take on the big bad world of getting sh*t done and becoming a productivity machine, I wanted to leave you with one final tip.Take it easy on yourself.The most unproductive thing you can do is to berate and belittle yourself because you haven’t been as successful or productive as you want.Yes, it’s important that you are honest with yourself and your clients and don’t sugarcoat the reality of your current capacity.However, you must remember that you were never taught this in school. You weren’t born with the knowledge of how to be massively productive.You’ve simply been operating on whatever systems you picked up from the people around you and, hopefully, you now have better systems to test and implement.Productivity and focus are both acquired skillsets.You aren’t born productive and it’s not something that is determined by your genetics. It’s a matter of principles and systems, testing, failing, and figuring out what works for you.So take it easy on yourself as you strive to get more done.The journey will take time, but it will be worth it.Good luck!Closeout this article and go get some shit done!
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Have you ever had your blog content stolen?
Sadly, the internet is rampant with clicky-fingered bloggers and writers ready to cut and paste content from your website on to their own without permission. Luckily, if you find your content has been posted online without your permission, there are ways to deal with the theft (and it is not my bruiser cousin Michael Corleone). Here’s an abbreviated version of an article posted on my blog Sidebar Saturdays outlining what can be done. The Case Of The Stolen ContentFirst, determine if the unauthorized use is considered “Fair Use” under the copyright laws. The copyright laws permit use of your copyrighted work without permission for things like criticism, commentary, news reporting, educational, and research purposes. If you want to learn more about fair use, see this article on PhotoAttorney.If you believe the use of your work is not considered “fair use,” then begin the process of having the infringing content removed.1. Send a cease-and-desist emailBefore you go all formal-copyright-ballistic on the person who has copied your content, send them a please-remove-my-content email first. Simply state in the email you are the copyright holder of the content in question and have not given them permission to use it. Provide a link to your content that has been stolen, the date it was published, and why you are the copyright owner (author, work-for-hire, etc). Then give a time frame by which the stolen content should be removed from their site or you will file a formal complaint (24-48 hours is usually enough time). The tone should be polite, direct, and business-like (without blustery). This process usually works (often without a reply).2. Send a takedown complaintIf a polite email gets you zippo traction, the next option is to take advantage of The Digital Millennium Copyright Act. The DMCA is a law that, among other things, extends the copyright laws and penalties to digital media and the internet. These provisions provide a process for the removal of infringing content, what most call “takedown notice” procedures.First, file a complaint (the “takedown notice”) with the service hosting the website with the infringing content. The complaint is a nicely worded request to the hosting service to remove the unlawfully copied content from the website in question. In addition, you can also send the notice to search engines like Google and Yahoo. Website hosting services and internet search engines have policies that outline the removal of copied content. It is a requirement per the DMCA if they want to avail themselves of the “Safe Harbor” protection (see below). Here are two examples of policies for legal removal requests: one for Google, and the other WordPress.If the website host has no takedown notice form to fill out, use one of these sample takedown notices: IPWatchdog, The Electronic Publishing Industry Coalition, or Innovation-To-Profits.These forms or letters are simple to fill out or write, and contain the following information:1. Description of your copyrighted work being infringed and where it is located (website URL);2. Identification of the infringing content and where it is located (website URL);3. Your contact information — name, address, telephone, email address;4. A statement that the copyright owner (you, or the agent authorized on your behalf) did not authorize the infringing use;5. A statement the information in the takedown notice is accurate; and6. A signature of the copyright owner or person authorized to act on the owner’s behalf.Once the hosting service has been properly notified via a complaint, they have two choices.1. Technically, the service provider is infringing the copyright laws by hosting a website with pilfered content. But the DMCA provisions provide them with immunity from copyright infringement lawsuits, something called “Safe Harbor” under the copyright laws, provided they take certain steps. They must take reasonable action to remedy the infringement by removing the infringing content. Failure to do this means loss of immunity. Invariably, when presented with the potential of a complex copyright lawsuit or avoiding liability, the web hosting service will almost always comply with a takedown notice demand.2. If the web-hosting service or search engine does not remove the infringing material, and instead believes the complaint was filed in error, they can respond to the complaint, refuse to remove the content, leaving you to pursue a copyright infringement action.If the material is taken down, the website host will notify the person who posted the infringing material that they have received a takedown notice. The person accused of the infringing act, can then file a counter-notice to dispute the allegations. The website host will then consider the circumstances and if the copyright owner has not initiated formal legal proceedings in ten days (which hopefully will not be needed), the website host will restore the content as required by the DMCA.One thing worth noting, if you feel you’ve received a takedown notice by someone seeking to silence critiques or other unwanted content (which does happen by overzealous free speech squelchers), dispute the notice and request the website host to repost your content.What not to do?The Shame ApproachIf you want to look petty, resort to shaming the infringer by blogging on your website or posting comments to your Facebook groups about how horrible the person is for copying your material. Shaking your internet blogging finger at the person will only inflame the situation, and may, depending on how deep you go into angry-Wolverine mode, set you up for a defamation lawsuit. (If you want to know more about defamation, see my earlier post on Sidebar Saturdays).Other things to consider?Duplication Detection SoftwareIf theft of your content happened once, it will happen again. Be proactive. Set up a search for stolen content using duplication detection software. Here are a few tools worth checking out.1. Google Alerts scans the internet for your stolen content, then notifies you. The great thing about this tool, it is free.2. There are also other sites with duplicate content detection software that are free, like SEO Review Tools, Article Checker, Duplichecker, and Plagiarisma.3. Copyscape also searches for duplicate content, but unlike Google Alerts and the others above, it requires a fee.4. Another premium services is Content Rescue.Trackback and Pingback NotificationsThese alerts do not really inform you if your content has been stolen, but they do notify you if someone is commenting on your content (trackback), or they are linking to your content (pingback) from their blog or website. Here is a brief article about the difference between the two notifications. Be aware that trackback and pingback notifications tend to be mostly spam, so moderating these notifications to look for someone who might be copying your content without your permission can be laborious and not worth your trouble.We writers work hard at creating content. No one should be allowed to take credit for our efforts and words. Unfortunately, our cut-and-paste internet world encourages content theft. Thankfully, the copyright laws provide relatively easy (but somewhat time-consuming) measures for protecting your creative content.
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What is the best way to obtain a trademark without a lawyer?
By “filing a registered trademark” I presume that you mean filing an application for federal registration of a trademark. As I have said to others, you can file your own trademark but it’s a bit like doing your own root canal — it’s likely to hurt later.That said, just do a Google search and you will find some good summaries of the steps and how-to guides for filing your own application. The entire filing process can be done on line and that part is fairly easy if you do your homework. And remember that you cannot get a registration for an entirely descriptive or generic mark — or a geographical place or surname. Here are the basic steps:INTERNET SEARCH. Do a thorough Google search to see if anyone is using a mark (registered or not for goods or services similar to those you have in mind. The test of registrability is whether your mark is likely to be confusingly similar to existing identifiers, particularly (but not limited to) other registered marks. Minor changes in spelling don’t help you here, and similar pronunciations will be deemed similar despite different spelling. If your mark is a graphic element, it can be very hard to search.USPTO SEARCH. Go to www.uspto.gov. Under the large header you will see a black text heading: “Learn About the Process.” There is a column for patents and a column for trademarks. Read the “Trademark Basics” seciton and the “Trademark Process” section. Then move on down to the “Search Trademark Database.”TESS. Search the trademark database using TESS (Trademark Electronic Search System). You can get to this from several places. The green “Quick Links” bar at the upper right of the USPTO home page will give you a drop down menu for Patents and one for Trademarks. TESS is the topmost item. If your mark is a word select “Basic Word Mark” and search for your mark and similar marks (different spellings for example). Leave the “Plural and Singular” and “Live and Dead” radio buttons checked to get all variations. Put in your search words. And leave the search “Field” as “Combined Word Mark). There is a boolean choice to search for all your words (AND), any of your words (OR) or the exact phrase. Play around with this and see what you find.SIMILAR MARKS. When your list of search results comes up, you will see registered marks, dead and abandoned marks, and live applications. If there are not too many, open them up and look at the “Goods and Services” line. This will give you the international class and the designated goods or services. If you find a live mark that is identical or very similar to yours, for goods or services that are very similar to yours, your best is probably to go back to the drawing board. Dead marks may or may not be a problem. Even if someone let their mark die (for failure to pay renewal fees etc), if they are still using it the trademark examiner will cite it against you. If your proposed mark doesn’t have anything that looks like a deal killer, move on to step 5.DESCRIPTION OF GOODS AND SERVICES. You need to come up with the International Class (actually you don’t but you should try) and you must create a description of your goods and services. You probably know some companies that have products or services similar to yours. Look up their registered marks and see what description they used. In this way you can get an idea of the type of language and the level of detail generally required by the TM examiner. Generic Hint: As you poke around the USPTO web site, you will see how other company’s TMs have been registered and can look at how they dealt with the examiner during the registration process. Essentially, you can leverage the work of other companies’ attorneys by “stealing from the best.” I was tasked with registering the name of a best selling SF & Fantasy author, so I looked at the process used by JK Rowling’s attorneys.ELECTRONIC FILING. Back on the USPTO home page, under the green “Quick Links” button, the second dropdown menu item under Trademarks is TEAS. This is the Tradmark Electronic Application System. There are links there for “first timers” filing on line under “What you should know before filing.” These link to the same “how to” pages noted above. Below that are “Most Commonly Used Initial Application Forms.” This link to the actual on line filing form. You need to select one of these.TEAS OPTIONS. I recommend you go with TEAS Reduced Fee Form. There is a cheaper version (TEAS Plus) but to use that you have to get your goods and services description from a pre-approved list and I don’t have time to explain how to use the IDS manual. To get the $275 filing fee version you do have to provide an email and agree that the USPTO can use email for all communications. The form will guide you through the application process. Read everything carefully and you can get through this you will need:Name and address of the applicant (is it you or your company).The mark. If it is a word mark you just type it in. If it uses a font, special style, or graphic, you need to upload it as an image (use JPEG). There are instructions as to the size of images and the system will tell you if you are too large or too small. You will describe the mark. If text, just say the word. You can indicate upper, lower, title, or other case if it is relevant. A word mark protects you from any confusingly similar variant so don’t get too uptight. If your mark is or has graphic elements, you need to describe it. “A square with a circle inside in which the word ____ is printed in upper case sans serif letters” for example. The examiner will fix (or require you to fix) this if you don’t use standard USPTO type of expressions. Unless you are claiming color as an aspect of the mark (there is a box to check for this) do not use color in the mark specimen and do not use words indicating color. Even if your mark is black and white, you can’t use “black” or “white” in the description. Use “dark” and “light” if you need to say, “a dark circle with light text.” Plain text marks show up as black. If you have to upload a graphic mark, it must be in black and white — this does not mean grayscale. You may need to use lines or stippling to show, for example, shading. There is a box to check to indicate that stippling is used to show shading. Read carefully and you’ll probably do it right. If you don’t, it will be fixed during the examination process.The International Class. If you have a good handle on this select the class. You can leave it blank if you have no idea. In either case the examiner will fill it in or correct you if you are wrong.Enter the description of goods and services. Pay attention to the instructions as there are prefatory words outside the text box. Don’t repeat “The mark consists of . . .” or the period that is outside the box at the end. As noted above, the processing of your application will deal with any inadequacies of the description.You will have to select the “Filing Basis.” Filing basis 1A is for marks that are in use, in which case you must submit actual specimens of the mark as it is used. For goods, that means images of the goods or packaging with the mark on it. For services, brochures or web pages with actual offers of the service are required. It can’t be just an ad. For ecommerce we use the web page that lets you order the goods or services. If you are not using the mark yet (or optionally even if you are already using it) you can file under section 1B which is the ITU or “intent to use” application. It works just the same, except that you will file your specimens of use later when you actually start using it and pay an additional $100 filing fee to do so. There is a box to check where you verify that you have a bona fide intent to use the mark.There is a page that checks whether you have done everything right and that will highlight any technical corrections you need to make. If it’s good to go, you electronically sign the mark by typing your name and then your signature is /your name/ with front slashes around it. Once this is done, it takes you to the payment page. Pay by credit card and you have an application pending.WHAT’S NEXT? You are now pending. You will receive a receipt/acknowledgement by email immediately. You may get some communication shortly about how your mark is being classified for search purposes, but no response is necessary. Between 4 and 8 months from filing (probably - I’m seeing about 5 months in most of the classes I file in) you will probably receive an “office action.” T his could be a rejection of your mark due to similarity or other causes. If so, it will tell you which marks and why. You can can take issues with the examiner’s conclusion, but that’s where it gets complicated. More than likely, the examiner may require you to disclaim common words “apart from the mark.” If your mark is “Zubulu’s Amblongus Pies,” you will get a request to disclaim rights to the word “pies” apart from the mark. This means only that you don’t acquire any unique rights to “pies” except as it occurs as part of your mark. Thus another mark that was Levalo’s Runcible Pies” would not infringe. The examiner may also require you to restate the description of the goods and services, often by adding detail. In many cases they recast your language slightly and then ask you to add: “namely, ___________” to narrow what is covered. Sometimes the examiner will determine that your description spans more than one class. I see this often with software that is both and app and a service. If so, you need to add a class and pay another filing fee ($275 per class).OFFICE ACTION RESPONSE. You have 6 months to respond to an office action. If you don’t respond the application will be deemed abandoned. The office action response can be done electronically. If it is relatively simple (adding a class, disclaiming a word, or tuning up your description, it’s easy to do on line with some check boxes and text boxes. If there are subtle legal issues involved, you will need to submit your arguments as an attached document. This is where you find that maybe you needed a lawyer after all.CONCLUSION. If you have a unique mark and are willing to put in quite a bit of time to learn the application niceties and do it right, the chances of successfully pursuing your own registration are pretty good. That said, what is your time worth? Do you want to spend 10–20 hours to get it right or would you be better off paying a lawyer to file for you and spend the time building your business? You can get an attorney to do the application fairly cheaply, and probably for a fixed price. The unpredictability at the office action stage is what makes most pro se filers give up and walk away.Good luck!
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