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women entrepreneurs small business holmes@law

I’ve advised startups for nearly 20 years. In 2015, I became one. There’s nothing like taking your own advice to prove its value. Admittedly, launching a business is humbling. We cannot know everything we’ll encounter. But, here’s a roadmap to a few key things I’ve learned, both from advising entrepreneurs and taking that leap of faith myself.

1. It’s Scary. If you’re frightened, you’re normal. This will be hard. There are plenty of reasons not to put yourself out there, and be vulnerable to criticism or failure. But you’re capable. Face the fear head on. Someone is watching you and will be inspired that you tried. Most importantly, that someone is you.

To help put the risks in perspective, gather good information, and have a written business plan. It will evolve. It should. But you must have a launching point, a guide for what you want to achieve, and structure around how you’ll do it. Lots of shiny objects will try to distract you. Having a plan helps you keep on track.

2. You Will Face Setbacks. Good. They happen on purpose. It’s uncomfortable, but it’s how you learn your business and improve. One great way to combat the disappointment of setbacks is to write down why things didn’t go the way you planned. Be specific so you can adapt. Just as significantly, keep track of what went right. Your energy is better spent focusing on opportunities ahead than lamenting went wrong.

How else can you improve? People who succeed in business are excessively curious. If I’m driving, washing dishes or doing laundry, I’m listening to podcasts. I constantly learn, take notes, and apply them either on behalf of my clients or with my own business. Thankfully, you’re not the first person to encounter most of your challenges, and the folks who’ve been there are willing to share their thoughts about how to navigate around some of the common landmines.

3. You Need Help. We never want to hear it, but this is … not negotiable. If you’re like me, you’d prefer to believe that you can develop a stellar plan and do it all on your own. Give me a moment while I giggle at how wrong I was about that.

I’ve benefited from having a sounding board, a cheerleader and a tough guy. My daughter is my sounding board for marketing ideas, business strategy … and reassuring hugs. One of my besties (with whom I actually was a cheerleading captain once upon a time) seems to tell everyone she knows, whether in person and online, “You should call Jo!”. And another of my dear friends is a no-nonsense realist. From him, I expect a very pragmatic “what are the numbers?”. I need all of them. With that support, I have the clarity and encouragement to be cheerleader, advocate and strategist for my clients.

4. Ask Advisors for More. I get genuinely excited talking to clients about business strategy. I ask about marketing, sales and logistics plans, input costs and margin preservation. Creative services and freelancer clients appreciate that I help them map how to protect what they create, get paid consistently, and grow recurring relationships with their customers. I’ve gone on ride alongs, celebrated with clients at new store openings, danced at their homes over the holidays, and texted them during off hours to help with strategy.

Why? Because business is hard, and I’m an advisor. My goal is genuinely to live the firm’s slogan – Your Business Ally™. And, all of your advisors (legal, financial and otherwise) should earn your trust by listening to you, understanding your goals, and being able to think beyond the immediate issue to help you identify opportunities. Ask for guidance from your advisors, and require a business ally.

5. You Can and Must Stand Up for Your Value. It’s uncomfortable. Yes. But necessary. Your talent is a terrible thing to waste. And if you don’t stand up for your value, then your business may dwindle to a hobby. Pretend that you’re advocating for a child you love, a dear friend, or an important cause. That’s somehow easier than being a proponent for ourselves.

Anticipate that your customers will say “I’m not one of the big guys. How can you fit my budget?” Great. They’re interested. If that customer is within your target audience, have something of value to offer them. But also have an appropriate product that’s the right fit for when they grow and have more resources. Likewise, be prepared with a premium product or service for higher end clients who have a bigger budget now. Either way, mind your margins. Profitability matters.

Here are a few practical tips for the negotiation. First, know your market and points of distinction. Be objective about that. If your prices are fair then explain why, and get comfortable holding your position. Second, people will pay for quality. You’ve got to convey the value of what you offer. Third, be mindful that you teach clients how to treat you. If you undervalue your product or service, why shouldn’t they? Fourth, consider whether this presents an opportunity to get your foot in the door, and renegotiate better later.

OK, you’ve got this! You’re a boss! And, if you need some help, don’t hesitate to reach out. In the meantime, here's our Resource Page for professional women and female business owners.

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JoAnn Holmes ("Jo") is the founder of HOLMES@LAW, LLC. She serves as Outside General Counsel to select, intimate management teams for midsize companies. Likewise, Jo provides strategic support for lean law departments.

Jo founded HOLMES@LAW to provide agile, result-driven legal solutions. Beyond risk management, we help identify opportunities. The firm's focus areas are business law and strategy, commercial contracts and global intellectual property management. We build long-term relationships as trusted collaborators, and our flexibility consistently yields great value for clients.

HOLMES@LAW is also committed to service work, including through supporting local schools and leadership groups, as well as domestic and international charities. Since its founding, the firm has dedicated more than 200 hours to community service.

Contact Us to discuss how we can work together for your business

success. HOLMES@LAW - Your Business Ally™.

Holmes, How … about the Disclaimers?

Information shared by JoAnn Holmes and/or HOLMES@LAW, LLC ("We or Us") is for educational purposes only. It is not legal advice. Each situation is unique, so the information We share may not be relevant to your circumstance. Until you enter a formal engagement agreement with Us, We are not your legal counsel, and no attorney-client relationship exists. So, please do not share any confidential information with Us, and please only interact with Us if you agree to these ground rules. Thanks!

© 2017 HOLMES@LAW, LLC. All Rights Reserved.


Even when a business seller and purchaser are familiar with one another, they may have different understandings about a deal's scope. To avoid misunderstandings, it’s critical to enter a written contract. Here are some key terms to consider.

  1. Give Me the Numbers – To independently affirm business revenue and profitability, require a third party financial audit. Request that seller certify the accuracy of its financial records, and include an offset or penalty for anything that’s proven false. Also, pay the purchase price in phases to allow time for reconciliation of any discrepancies that arise.

  2. What’s the Deal? Identify all business owners, and clearly outline what you’re buying from each of them. Include a listing of both real property like inventory, equipment and office supplies, as well as “intellectual property” such as brand names (trademarks), customer lists (trade secrets), marketing materials (copyrights), and inventions (patents).

  3. Who’s with Me? Will existing employees stay with the business? Unless under contract to remain, employees sometimes leave during a change in ownership. So, identify any key team members, and know their compensation and benefits structure. It may be wise to incent them to remain with the organization through a transition period.

  4. What’s my Downside? Require a detailed inventory of any outstanding business disputes, governmental inquiries, liens, taxes, accounts receivable and broker fees applicable to your deal. Make sure that the purchase agreement explains who will assume those costs and risks. Likewise, agree on a process for reconciling disputes between the buyer and seller.

  5. Cooperation and Non-competition – If the legacy business owner has favorable relationships with customers or vendors, require and incent them to assist in the transition. And, include an offset in the purchase price to account for customer attrition, so that you don’t pay for business that’s lost without any fault on your part. Finally, assure that the seller won’t compete with the business after your purchase.

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______________

This article is jointly published in the May 2016 issue of the Gwinnett Citizen newspaper.

______________

JoAnn Holmes ("Jo") is the founder of HOLMES@LAW, LLC. She serves as Outside General Counsel to select, intimate management teams for midsize companies. Likewise, Jo provides strategic support for lean law departments.

Jo founded HOLMES@LAW to provide agile, result-driven legal solutions. Beyond risk management, we help identify opportunities. The firm's focus areas are business law and strategy, commercial contracts and global intellectual property management. We build long-term relationships as trusted collaborators, and our flexibility consistently yields great value for clients.

HOLMES@LAW is also committed to service work, including through supporting local schools and leadership groups, as well as domestic and international charities. Since its founding, the firm has dedicated more than 200 hours to community service.

Contact Us to discuss how we can work together for your business success. HOLMES@LAW - Your Business Ally™.

Holmes, How … about the Disclaimers?

Information shared by JoAnn Holmes and/or HOLMES@LAW, LLC ("We or Us") is for educational purposes only. It is not legal advice. Each situation is unique, so the information We share may not be relevant to your circumstance. Until you enter a formal engagement agreement with Us, We are not your legal counsel, and no attorney-client relationship exists. So, please do not share any confidential information with Us, and please only interact with Us if you agree to these ground rules. Thanks!

© 2016 HOLMES@LAW, LLC. All Rights Reserved.

Updated: Feb 18, 2021


intellectual property trademark copyright trade secrets

Intellectual Property is the umbrella for brand names, logos, advertisements, songs, photos, software and inventions. Those innovations are valuable business assets. Here are a few tips to protect them.

1. Trademarks – The names, logos, slogans and hashtags that identify products and services are trademarks. iPhone, “Think Different” and the Apple logo are all examples.

HOLMES@LAW Tip: Conduct a clearance search BEFORE adopting a trademark. It’s much cheaper than defending a lawsuit, paying damages and rebranding your products and services after an infringement occurs.

2. Domain Names – Owning a trademark doesn’t automatically afford rights in a related domain name. For example, Delta Airlines and Delta Faucets can’t both own the www.Delta.com domain name. When choosing a mark, run a domain name search at the same time to help coordinate your marketing strategy.

HOLMES@LAW Tip: If the “dot com” domain name relating to your trademark isn’t available, try the website www.NameMesh.com. It generates dozens of different options by adding “inc” or “llc” at the end of a company name, including a hyphen between words, or getting creative with .biz, .info and other top level domain choices.

3. Copyrights – That song beat you just can’t seem to shake is protected as a copyright. So are books, movies, photographs, paintings and even software code. Copyrights afford legal protection for creative works.

HOLMES@LAW Tip: Even after paying for a creative work like a logo, photograph, product label, or a website design, you still don’t own that copyright. Although it may be counterintuitive, it’s necessary to enter a Copyright Assignment or Work for Hire agreement to legally transfer a copyright from the “creator” to you.

4. Trade Secrets – Customer lists, sales strategies, growth projections and even formulae are trade secrets. In other words, the confidential information that provides your business with a competitive advantage is a trade secret.

HOLMES@LAW Tip: Protect trade secrets through non-disclosure agreements BEFORE sharing confidential information. Also, include non-compete and non-solicitation terms in employment contracts to help reinforce your rights.

Like this post? Sign up for our newsletter.

We'll send you the good stuff right to your inbox!

______________

This article is jointly published in the May 2016 issue of the Gwinnett Citizen newspaper.

______________

JoAnn Holmes ("Jo") is the founder of HOLMES@LAW, LLC. She serves as Outside General Counsel to select, intimate management teams for midsize companies. Likewise, Jo provides strategic support for lean law departments.

Jo founded HOLMES@LAW to provide agile, result-driven legal solutions. Beyond risk management, we help identify opportunities. The firm's focus areas are business law and strategy, commercial contracts and global intellectual property management. We build long-term relationships as trusted collaborators, and our flexibility consistently yields great value for clients.

HOLMES@LAW is also committed to service work, including through supporting local schools and leadership groups, as well as domestic and international charities. Since its founding, the firm has dedicated more than 200 hours to community service.

Contact Us to discuss how we can work together for your business success. HOLMES@LAW - Your Business Ally™.

Holmes, How … about the Disclaimers?

Information shared by JoAnn Holmes and/or HOLMES@LAW, LLC ("We or Us") is for educational purposes only. It is not legal advice. Each situation is unique, so the information We share may not be relevant to your circumstance. Until you enter a formal engagement agreement with Us, We are not your legal counsel, and no attorney-client relationship exists. So, please do not share any confidential information with Us, and please only interact with Us if you agree to these ground rules. Thanks!

© 2016 HOLMES@LAW, LLC. All Rights Reserved.

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Material presented on this website is not professional advice.  It is intended for information purposes only. Communications with HOLMES@LAW, LLC do not reflect an attorney-client relationship, and information shared will not be treated as confidential, until a formal representation agreement is executed. 

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