Advice for Veteran Entrepreneurs

By: Vikram Mahadevan

Military Holidays and Observances — R&DASoldiers transitioning from active-duty service to normal life can face new challenges and uncertainty. Without the structure and hierarchical nature of military life, many veterans face decision paralysis when forging a path after their service. Veterans have various options, from enrolling in college to jumping into the business world through transition assistance programs. Many veterans find success and fulfillment after military service by becoming entrepreneurs and starting a business. The Veteran status can help build a strong brand, provide access to development and marketing tools and resources, and stand out amongst the crowd.

Building a brand 

Veterans have advantages in building strong, authentic brands, aiding their journey as entrepreneurs. First, veterans always have a story to tell. Stories, such as equipment inventories in the summer heat before a ‘Change of Command’ or an overnight mission in hostile territory, can humanize veterans as business owners and help forge connections with other businesses, suppliers, and customers. Soldiers understand the importance of presentation through their military experience. For instance, countless hours of shining boots and measuring spaces in a ribbon rack provide veteran entrepreneurs with the skill and ability to apply the same level of care to a brand image. While it can be a successful strategy, a veteran does not have to craft a gung-ho, tactical military brand (looking at you, Black Rifle Coffee Company). Veterans can translate their military experience, stories, and skills to develop a brand in any field.

leveraging veteran status 

IPPS-A Business Intelligence capabilities give Commanders readiness tools | Article | The United States ArmyVeteran status bestows access to tools entrepreneurs can leverage for growth and development.

Small Business Administration (SBA)

The United States’ SBA provides a wealth of programs to support veteran entrepreneurs. These include training programs, funding options, access to state and federal contracting programs, advice hotlines, and networking opportunities. The  Veteran-Owned Business  page on the SBA’s website expands on these resources. 

The SBA also holds regional Boots to Business programs as part of the Department of Defense’s Transition Assistance Program.  These programs are designed to provide entrepreneurial training including advice on developing your transition mission.

While the SBA’s excellent offerings are referenced above, the Veterans’ Business Outreach Center (VBOC) deserves a special mention. The VBOC provides veteran entrepreneurs with training and referral services at no or minimal cost. Additionally, spouses of military personnel can access VBOC benefits. The VBOC is an incredible resource for connecting with other businesses and gaining insight into the strategies of successful business owners.

tools, platforms, and strategies for marketing 

Use Your Story

Life in the military shapes values, work ethic, and your business approach. Connect your military experiences to your business goals to show customers the human side of the business and help them relate to you as a person representing a brand.

Use Your Skills

The military fosters an individual’s discipline, attention to detail, and task commitment. Turn your marketing goals into a mission and draft an OPORD to help visualize progress in a way that makes sense to you. Look at the industry to gauge the “commander’s intent” toward a specific product or brand. These are just a few examples of military-business translations that can aid veterans as they start a business.

Social Media Tips

Many platforms, like LinkedIn, provide a “veteran” badge for profiles. Others have veteran support networks and local business groups that allow entrepreneurs to network, bounce ideas around, and connect to develop businesses. If you enter a space without a veteran presence, do not be afraid to establish yourself and provide the missing perspective.

Stay Authentic

The modern consumer finds inauthenticity off-putting. Putting on a false military air and embellishing stories from service can have adverse effects if a customer senses they are not genuine. The modern consumer is bombarded with air-brushed visuals dressed up with branding, so a truthful, authentic message can be like a breath of fresh air. Furthermore, as a business owner, committing to an idea you genuinely stand for instead of forcing a fit is far more manageable.

Faking it til’ you make it can work, but consumers often detect the false messages and become weary when an entrepreneur pretends to be someone they are not.

Measure Success

Track tangible metrics and assess yourself like you would prepare an NCOER or OER support form. It is easy to get lost in vague ideas of success; thus, it’s best to use the tangible metrics that social media companies provide to track successes and failures. Track views and clicks for each post on  Instagram, Reddit, or Facebook. Set goals for interaction and follow through on them. Like a Commander, prepare the company for a CTC rotation by confirming unit readiness through training and health metrics, and analyze your company by tracking specific, clear, and countable statistics.

conclusion

10 military leadership traits much needed in the business world

Stay true to your service. Veterans are uniquely situated to start small businesses after military service. Remember to give back to the veteran community by offering discounts to veterans, supporting other groups underrepresented in the industry, and serving as a resource to soldiers still serving. Your service instilled incredible soft skills and now provides you access to a wealth of business resources designed to help you grow as an entrepreneur. You courageously signed on the dotted line, wore the uniform, and served your country. Channel that same spirit when making the leap of faith to start your business and life as an entrepreneur.


Vikram Headshot

Vikram, originally from Boston, Massachusetts, enlisted in the Army in 2015 as a 74D Chemical, Biological, Radiological, and Nuclear Specialist. After completing Initial Entry Training, Vikram served in the 63rd Chemical Company and 160th Special Operations Aviation Regiment (Airborne) at Fort Campbell, KY.  Upon leaving Army service in 2021, Vikram worked as a Legislative Assistant in the PA General Assembly and subsequently as a paralegal at Skadden, Arps, Slate, Meagher, and Flom. Vikram is currently a 1L student at Penn State Dickinson Law.

Sources:

https://www.sba.gov/business-guide/grow-your-business/veteran-owned-businesses

https://www.sba.gov/local-assistance/resource-partners/veterans-business-outreach-center-vboc-program

https://www.cactusmailing.com/blog/veteran-advertising

Featured Entrepreneur: Our Own Lewis Katz

By: David Leshik

One of Dickinson Law’s most esteemed alumni is businessman, Lewis Katz. Many Dickinson Law students have likely seen his name on the side entrance and portrait in the lobby of the school. For students with a keen eye, you may have even seen one generous donation of $15 million. Before his generosity, Lewis Katz was a billionaire entrepreneur.

early days

Katz grew up in Camden, New Jersey. He was raised under difficult financial circumstances when Katz’s father died when he was young. Katz attended Temple University for his undergraduate studies and, later, Dickinson Law. At Dickinson, Katz graduated first in his class in 1966 and obtained the highest grade in eight of his classes. This track record would make it seem Katz would be a superstar lawyer for decades to come, right?

law, parking & billboards

Upon graduation, Katz went on to found his law firm Katz, Ettin, & Levine. However, this may have been just a stepping stone. He would go on to make his fortune in parking lots and billboard advertisements. Katz initially invested in Kinney Parking Systems, which was one of the largest parking companies in the United States. He served Kinney in various roles including owner and CEO. Katz also served as chairman at Interstate Outdoor Advertising, a major billboard company throughout the United States. Throughout this time, Katz acquired numerous real estate holdings. Despite this success, like many entrepreneurs, Katz did not slow down here!

sports: nets, devils, yankees, yes?

In 1998, Katz was a part of an investor group with his friend Ray Chambers that purchased the New Jersey Nets for $150 million. In 1999, the same investor group also signed an agreement with Yankees owner, George Steinbrenner to form YankeeNets, which owned the two teams collectively. Katz and Chambers went on to establish Puck Holdings as an affiliate of YankeeNets. Puck Holdings purchased the New Jersey Devils for $175 million in an effort to increase leverage in negotiating sports broadcasting contracts.

As a result, the YES sports network was created in 2002. Due to various conflicts Katz and Chambers had with Steinbrenner regarding team operations and business management, Katz exited ownership of the teams and YES Network between 2003 & 2004. During Katz’s ownership of the Nets, they were two-time Eastern Conference Champions. As of 2019, YES Network was valued at 3.5 billion, and as of 2023, the Nets & Devils were collectively valued at a combined $5.3 billion.

final media activities 

Before passing away in a tragic plane crash in 2014, Lewis Katz was acquiring media companies for $88 million. Within the week preceding his death, Katz, and his friend Gerry Lenfest, had acquired full possession of ‌Philadelphia Media Network. This network includes: the Philadelphia Inquirer, the Philadelphia Daily News, and Philly.com. Katz was a strong supporter of journalism and wanted to return the Philadelphia media to what he perceived as their glory days of the 1980s. Throughout his life, Katz also had various other investments and ownership interests. When Katz graduated from Dickinson Law, who would have imagined he would be this successful? Professor Prince’s Operational Issues class had not even been created yet!

philanthropy & Generosity 

As the former director of the Katz Foundation, Lewis Katz supported a wide range of causes aimed at helping others. Katz valued the southern New Jersey and Philadelphia area that he spent a vast portion of his life‌ in. As an investor in these communities, he provided funding to various projects, and donated to nonprofits, including the Boys and Girls Club. Katz was also a strong believer in education. He donated ‌millions to both his alma maters, Temple University and Penn State Dickinson Law. His generosity helped keep Dickinson Law’s campus in Carlisle, Pennsylvania, and funded Temple’s Medical School. With his Jewish background, Katz also made generous gifts to congregations and other Jewish organizations in the Philadelphia area.

legacy 

As an entrepreneur, it may seem that the focus is always growth, money, and profits. Lewis Katz certainly experienced what it was like at the top echelons of society. Nevertheless, he always made it a priority to touch as many people as he could. His companies, teams, and foundations have touched the lives of millions. The legacy he created should be every entrepreneur’s ultimate goal. His longtime friend and Dickinson Law alum Corky Goldstein characterized Katz’s passing as a lost to the world stating Katz as:

“…Someone (Katz) who used his money for great causes, which will live on for generations. His legacy is well in tact, not only as a philanthropist, but as a human being.”

This post has been reproduced and updated with the author’s permission. It was originally authored on May 6, 2024 and can be found here.


David Leshik is a graduate of Penn State Dickinson Law and completed his undergraduate studies at the University of Maryland, College Park. David is currently an associate at Marshall Dennehey’s Philadelphia office. He has interests in civil litigation, environmental, and corporate law. David can be reached at dfl5192@psu.edu.

 

Sources:

https://www.nytimes.com/2014/06/02/business/media/lewis-katz-co-owner-of-philadelphia-inquirer-dies-at-72.html 

https://www.pennlive.com/midstate/2014/06/lewis_katz_kept_dickinson_law.html

https://www.wikiwand.com/en/Lewis_Katzhttps://www.inquirer.com/philly/news/lewis-katz-of-south-jersey-left-a-permanent-mark-on-business-media-and-medicine-20171102.html

https://pennstatelaw.psu.edu/photo/67476/class-1966

https://patch.com/new-jersey/cherryhill/lewis-katzs-vision-transforming-sports-media-cherry-hill-attorney-dies-in-crash

https://www.cbsnews.com/news/clues-scant-in-plane-crash-that-killed-lewis-katz-philadelphia-inquirer-co-owner/

https://en.wikipedia.org/wiki/Yankee_Global_Enterprises

https://www.nytimes.com/1998/10/29/sports/basketball-notebook-nets-league-approves-sale-of-franchise.html

https://nypost.com/2003/06/23/a-split-decision-yankeenets-group-on-the-brink-of-breakup/

https://www.forbes.com/teams/brooklyn-nets/?sh=686630b1f57e

https://www.forbes.com/teams/new-jersey-devils/?sh=6e569d465b37

Image Sources:

https://www.nytimes.com/2014/06/03/business/media/reflections-on-lewis-katz-a-believer-in-journalism.html

https://uncoveringpa.com/wp-content/uploads/2022/11/Dickinson-Law-School-in-Carlisle-7F0A3277.jpg

https://news.temple.edu/sites/news/files/styles/news_node_main_image/public/lewis_katz_2014commencement_medium.jpg?itok=xiWlqg26

https://uncoveringpa.com/wp-content/uploads/2022/11/Dickinson-Law-School-in-Carlisle-7F0A3277.jpg

You Get A Feature! And You Get A Feature! And You Get a Feature!: Oprah Winfrey’s Rise to Success

By: Miyah Kureishy

Oprah Gail Winfrey is one of the greatest female entrepreneurs in the world. She is a woman of color who paved her way into being one of the biggest success stories. Everyone knows who she is and what she does. However, not many people know about her early life struggles or what she really had to endure to climb the ladder of success.

Early Life

Oprah was born in a poor, rural town near Jackson, Mississippi on January 29, 1954. Her single mother was a teenager struggling to provide for her daughter. Her grandmother raised her in her early years and even taught her how to read at the age of three. Her grandmother would take her to the local church where she would recite Bible verses and poems. It wasn’t a grandiose life at the farm in Mississippi, but Oprah felt loved by her grandmother and the church community.

Life turned upside down when Oprah was 6. She was sent to Milwaukee to be with her mother who had finally found work in the city. Her mother was working long hours, and Oprah would be left at home with her cousins and uncle. Heartbreakingly, she was molested by those entrusted to take care of her for years.
Oprah could not endure the trauma anymore. When she was 13, she ran away from home. It did not end well because the juvenile detention center that she ran to did not have any beds available for use.

At 14, she was pregnant by her own accord. However, the baby was lost after it was prematurely born. After enduring more pain in 14 years than some in a lifetime, Oprah went to live with her father in Nashville, Tennessee. This is where her life finally started to change for the better. Her father was very strict and had many rules, but he believed in the person she could be. This led her on the right path. Oprah told The Washington Post in 1986, “If I hadn’t been sent to my father, I would have gone in another direction. I could have made a good criminal. I would have used these same instincts differently.”

rise to success 

With pressure from her father to be the best version of herself, Oprah did just that. At 17, she received a full scholarship to Tennessee University and won a beauty contest sponsored by WVOL. After winning, she was offered an on-air position at WVOL in Nashville. Oprah continued to work there for sometime, but was then offered a position as an anchor at WLAC-TV in Nashville at 19. Oprah Winfrey left Tennessee University and became the youngest and first Black female news anchor at this TV station. After thriving here and inspiring so many minorities watching the news, she moved to Baltimore when she was 22 to co-host her first talk show called People are Talking. Her personality shined through at the talk show, and she started catching many people’s eyes due to her talent and energy.

In 1984, she moved to Chicago to host Channel 7’s A.M. Chicago where she revolutionized the whole industry. By 1985, a mere one year later, Channel 7’s A.M. Chicago increased air time by half an hour and became The Oprah Winfrey Show. In 1986, Oprah formed her own production company, “Harpo Productions, Inc.”, which later on acquired ownership and all production rights over The Oprah Winfrey Show. By 1987, the show and Oprah herself were winning numerous awards including multiple Emmys. She continued to thrive and is still thriving, leaving a huge legacy on entrepreneurship.

oprah’s legacy on entrepreneurs

Oprah never stopped. And she still hasn’t stopped. She started off as a struggling child who craved more for her life. Oprah ensured that from a young age her past would not define her. She stated in O Magazine that she found her purpose in life: serving others. Oprah did not crave money, fame or success, she was focused on service. Oprah found her calling and expanded on that in numerous ways. She was constantly taking her own life struggles and thinking how I can make other people’s lives better. With this mindset, she became the first Black female billionaire in 2003.

 

Oprah teaches us that we can do it. We do not need to be born rich or have connections in the industry we desire. All you need is passion and drive. She inspires women entrepreneurs of all races that they dont need to assimilate to be accepted by our industries. The industries will mold to the entrepreneur. The legacy Oprah leaves on many entrepreneurs is to stay true to yourself and serve others. Do not let this world get to you. You carry more power than what you think.

This post has been reproduced and updated with the author’s permission. It was originally authored on April 26, 2024 and can be found here.


Miyah Kureishy is a 3L at Penn State Dickinson Law. She graduated from The Ohio State University in 2022. At Penn State Dickinson Law, she served as President of International Law Society, Mentorship Chair of Women’s Law Caucus, and Secretary of MESALSA.
Currently, she is a Business Entities tutor and a Research Assistant for Professor Prince. She is also the 3L Representative for Student Bar Association. Miyah has spent the last two summers interning for The Honorable Judge Victor P. Stabile at the Pennsylvania Superior Court. In her free time, she enjoys playing with her puppy and snowboarding.

Sources:

Decentralized Science: Revolutionizing Medical Diagnosis with Generative AI

By: Alec Shields

To start, AI technology has been around since the 1950’s, but as of recently, specifically in 2017, ‘Generative AI’ took the world by storm. Businesses around the world have quickly adapted and adopted the new AI technology, experimenting in a multitude of different areas, such as finance, education, law, science, and healthcare, where they have already changed the landscape for how those industries will operate.

what is generative ai?

Generative AI uses Large Language Models (LLMs) that break down data (i.e., words, letters, punctuation, symbols, spaces, etc.) into tokens that represent a sequence of characters either individually or grouped with other characters. Each LLM uses a particular list of tokens (e.g., GPT-2 language model uses a vocabulary of 50,257 tokens. Each one of the 50,257 tokens is given a unique identifier where the AI takes in a large amount of data (i.e., inputs), and then learns how the tokens are used within the data inputs, thus using probabilities to predict and determine what token will follow the last.

These LLM’s are able to do this because of something called a ‘transformer’. Transformers allow AI to understand language better now than ever before because transformers have the ability to analyze an entire data set in the blink of an eye, taking every character (i.e., token) into consideration, whether the dataset is just a sentence, paragraph, book, magazine article, etc.

Another key component that has allowed Generative AI and transformers become better and better at predicting what the next word in a sequence will be because of a concept called ‘self-attention’. Self-attention allows LLMs to understand the relationship between words (i.e., tokens) and is able to give them a value which helps it determine what words are the most important to understand the intended meaning, thus greatly helping the LLM’s capability to predict the next character/token in the sequence. In short, the more data that is fed to the LLM, the Generative AI self-attention feature will have a better understanding of how to weigh the characters/tokens from the inputs given to it, thus the AI model will become better at predicting what the next word should be.

openai 

A very popular and familiar Generative AI chatbot, Chat GPT, created and owned by OpenAI was launched November 30, 2022. The chatbot quickly became the talk of the town and all of social media was sharing samples they had, ranging from written poems, travel planning, stories, etc. Now almost 2 years later, Chat GPT seems to be the frontrunner in the AI space to change how customer service, education, business, healthcare, etc., are run.

generative ai being leveraged in healthcare – axon dao

It’s no secret that LLMs generative AI capabilities are going to be the future for an industry that is predicated on predicting future outcomes or early diagnoses based on symptoms, such as speech impairments,  physical ailments, or physical abnormalities.

 

Axon Dao, a company whose inception was in 2014 has since evolved into a company that leverages and utilizes AI and blockchain technology to monitor vocal biomarkers in humans to detect conditions such as Alzheimer’s, Parkinson’s Dementia, PTSD, and Huntington’s Disease. These vocal biomarkers have also been used to evaluate energy levels, and Axon Dao has stated this could be the future where individuals are evaluated before driving commercial trucks, cars, and/or operating large machinery.

Axon Dao uses its computational platform’s data inputs to create their generative AI predictor model that was originally designed to develop extremely sophisticated machine learning models, but has since integrated and now supports voice data analysis. Axon Dao utilizes blockchain technology to ensure data remains unaltered, secure, and traceable for all individuals who choose to share their data, for which they state that this allows individuals to have complete ownership and control over their data, thus enhancing trust by giving individuals the power to decide who can access their data for research purposes.

what would be the incentive for individuals to RElease their medical data to axon dao?

The incentive for an individual to grant Axon Dao the ability to store their data and share with other researchers comes in the form of paying individuals in a cryptocurrency on the blockchain called AXGT (Axon Dao). The distribution of coins to Axon Dao’s users ensure that individuals continue to provide medical data that is needed for further developments, and it also ensures researchers, doctors, scientists, etc., have all the data they need to make vast improvements in the healthcare industry.

is axon dao similar to openai regarding how their company operates and how their ai works?

Axon Dao and OpenAI are vastly different when it comes to how their companies and AIs operate. For instance, Axon Dao rewards its users with a form of currency to collect their data, OpenAI does not. Axon Dao is controlled by their community, and Axon Dao allows one to control and determine the visibility of their data throughout the process, OpenAI does not. Axon Dao operates as a central hub for any individual, including scientists, Dr’s, or research labs to contribute their data to their AI algorithm, OpenAI does not. Axon Dao also allows for researchers who are part of the DAO to propose new research ideas, which are voted on, and then potentially approved, OpenAI does not.

Pioneers like Axon Dao, whom have chosen to pave the way for future advancements within the medical industry by incentivizing individuals to voluntarily give their medical data for the betterment of humanity, potentially leading to breakthroughs, especially when it comes to pre-symptomatic detection, early-stage detection, and early intervention in Alzheimer’s, Parkinson’s Dementia, PTSD, and Huntington’s Disease have already changed the healthcare/research industry. Companies like Axon Dao have the potential to grow large very quickly, and I believe the time is now for someone looking to start a business and/or get involved with a start-up business of this kind to not only help yourself out financially in the future, but also, to help out humanity.

This post has been reproduced and updated with the author’s permission. It was originally authored on May 6, 2024 and can be found here.


Alec is a dedicated M&A Tax Associate at BDO, specializing in the complexities of tax law with a focus on mergers and acquisitions. Alec’s expertise is underpinned by a Certificate of Taxation from Penn State Dickinson Law. Outside of Alec’s professional life, Alec is a devoted husband and father, who cherishes every moment spent with his family. Additionally, Alec is a former Division 1 hockey player. Alec also has a passion for learning and researching  the benefits decentralized AI could offer humanity.

 

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11019981/ 

https://ig.ft.com/generative-ai/#:~:text=Transformers%20process%20an%20entire%20sequence,or%20generate%20%E2%80%94%20text%20more%20accurately

https://blog.miguelgrinberg.com/post/how-llms-work-explained-without-math

https://axondao.io/project-avoice.php

Image Sources:

https://blog.gopenai.com/large-language-models-llms-a-brief-history-applications-challenges-c2fab10fa2e7

https://voicebot.ai/2023/12/18/openai-startup-funds-converge-accelerator-starts-accepting-new-applicants/

https://axondao.io/how-axon-works.php

https://www.neebal.com/blog/generative-ai-vs.-predictive-ai-unraveling-the-distinctions-and-applications

https://twitter.com/AxonDAO/status/1762093735876165728/photo/1

 

Just a Little Frosting: How Mary Kay and Other Female Entrepreneurs Impacted the Cosmetic Industry

By: Meg Smith

Cosmetics first appeared in ancient Egypt over 5,000 years ago. Makeup was worn by both men and women to enhance their appearance and appeal to the Gods. Today, people wear makeup to amplify certain features. They wear makeup in an attempt to appear more attractive, to achieve facial symmetry, and simply because it makes them feel good.

Companies like Elizabeth Arden and Estee Lauder began to establish themselves in 1920 and 1946 respectively. Then fast forward two decades to 1963 and Mary Kay Inc. is born.

This article will focus on the story of Mary Kay Ash, the founding of Mary Kay Inc., and the business model she created that allowed other women to achieve financial success.

The founder – Mark k. ash (wagner)

Happy Birthday, Mary Kay Ash – Texas MonthlyMary Kathlyn Wagner was born in 1918 in Hot Wells, Texas. At the age of twenty-one, she became a salesperson for the Stanley Home Products company. In order to encourage people to buy the household items from the company, she would host parties. After much success with Stanley Home Products, she was hired by World Gifts in 1952. She spent roughly a decade with that company before leaving after another man (that she had trained) got promoted above her and was making a much higher salary than she was.

Mary’s marketing skills and her people savvy were second to none. She was driven to succeed regardless of the obstacles that were laid out in front of her. She believed in the golden rule: “treat others as you want to be treated.”

the beginning – mary kay, inc.

At the age of forty-five after becoming disenchanted with the traditional workplace, entrepreneur Mary Kay was determined to create her own business. She started her own cosmetics company from scratch, Mary Kay Inc., in 1963 with an initial investment of $5,000. She used this initial investment to rent a small office and manufacture an initial inventory of the skin care products. She also recruited nine independent salespeople. In the 1960’s, most American bathrooms were white. Mary Kay chose the infamous pink packaging for her products so that they could be displayed on bathroom counters.

The company was profitable in its first year and sold close to $1 million worth of products by the end of its second year.

the business model 

Mary Kay cosmetics are sold via a direct marketing model. They are sold through at-home parties and other events. The beauty consultants earn their income by selling directly to people in their communities and they earn commissions by recruiting new consultants to begin selling under their distribution network.

In 1968, Mary Kay purchased the first pink Cadillac. The car served as a mobile advertisement for the business. The following year, she gave her top five salespeople pink 1970 Coup de Ville cars. She had an exclusive agreement with General Motors to sell cars in the specific shade of pink only to Mary Kay. The beauty consultant winners of the cars received a company-paid, two-year lease, and then could choose to buy the cars at the end of the lease period. Mary Kay had different car incentive levels for her beauty consultants. Some beauty consultants could earn the use of a silver Chevrolet Malibu or a cash payment of $425 a month. Other beauty consultants could earn a black Chevrolet Equinox or Traverse, a Mini Cooper, or $500 a month. The top performers could choose between the pink Cadillac or $900 a month. Ford Mustangs and BMWs have been introduced as incentive options in recent years, but the pink Cadillac remains the top award for consultants whose sales exceed $100,000 in a year.

The Mary Kay Inc. culture was geared towards women. It was centered around making women feel valued and supported and gave them the ability to advance as far as they desired based on merit and effort.

key takeaways

Mary Kay Ash was certainly ahead of her time. She was an entrepreneur blazing new trails for herself and other women at a time in history when men dominated the business world. She empowered women and showed them what was possible. She helped them take control of their own lives and finances. While Mary Kay sadly passed away in November 2001, her legacy lives on.

This post has been reproduced and updated with the author’s permission. It was originally authored on May 8, 2024 and can be found here.


Megan (Meg) Smith is a rising 3L at Penn State Dickinson Law. She has bachelor’s degrees in International Business and French and an M.B.A. with a concentration in finance. Prior to coming to law school, Meg spent nearly twenty years working for Alcoa Corp. in corporate finance and government affairs. Meg is interested in practicing corporate law. To contact Meg, please email her at mps6962@psu.edu.

 

 

Sources:

  1. https://en.wikipedia.org/wiki/Mary_Kay_Ash#:~:text=Mary%20Kay%20Ash%20(born%20Mary,at%20least%20three%20dozen%20countries.
  2. https://www.marykay.com/en-us/about-mary-kay/our-founder
  3. https://www.biography.com/business-leaders/mary-kay-ash
  4. https://en.wikipedia.org/wiki/Mary_Kay

Image Sources:

  1. https://www.texasmonthly.com/articles/happy-birthday-mary-kay-ash/
  2. https://newsroom.marykay.com/media/50-years-and-still-driven-mary-kay-celebrates-milestone-anniversary-of-its-iconic-pink-cadillac-at-u-s-seminar/

Go Your Own Way: Leaving Your Business Behind

By: Robin Platte
two women sitting beside table and talkingMany small businesses are formed between family members or friends. But when a relationship, or the business itself, starts to break down, an owner may decide that it is time to move on. In more positive instances, owners may leave a business to pursue a new career, make more time for hobbies, or retire. This post breaks down some important steps to consider if you are thinking about leaving your business.

communication is key

Before getting into the nitty-gritty of withdrawing from your business, you should consider when and how you will inform your fellow owners that you are leaving. This conversation is often difficult and emotional, but you can prepare for the inevitable by reflecting on the specific reasons for your departure. Honest communication between owners can make your withdrawal less complicated and help you avoid issues later in the process.

review controlling documents 

Before you initiate your departure from the business, you will need to review the Operating Agreement (if your business is an LLC) or the Partnership Agreement (if your business is a partnership). Review these documents to determine if any provisions govern the withdrawal of an owner. Keep an eye out for a buyout provision, which may describe how to determine the price of your ownership interest in the business or whether anyone has a right of first refusal to buy your interest.

If your LLC or partnership does not have an Operating Agreement or Partnership Agreement, state law will control your withdrawal from the business. The relevant state statutes contain provisions detailing how to proceed with the sale or transfer of your interest in the business.

Person in black suit jacket holding white tablet computer

Generally, an owner of an LLC may withdraw from the business if they provide written notice to the other members within a specified time frame. However, provisions in the Operating Agreement may contain more stringent requirements. Again, you must review your business’s controlling documents, if they exist, before assuming state law will control your withdrawal.

Similarly, a partner may generally withdraw from a partnership at any time, so long as they provide the other partners with adequate notice of their withdrawal. However, in some states, the withdrawal of a partner will trigger a dissolution of the partnership. If your partnership does not have a Partnership Agreement in place, it may be best to contact an attorney to help you determine whether this provision applies in your state.

valuate your business 

Once you have an understanding of what provisions will govern your withdrawal from your business, you will need to determine the value of the business. This includes obtaining a full grasp of your business’s assets and liabilities, as well as potential future earnings or distributions. If your business’s bookkeeping is unclear, you may want to consider obtaining a third-party valuation. Business valuations can be expensive, but the price tag is well worth the ability to successfully negotiate the best value for your ownership interest in the business.

finalize terms

Two person handshaking photo

An attorney can help you negotiate with your fellow owners and record the final terms of your departure. This contract, sometimes called a separation agreement, will likely contain a provision on who will buy your interest in the business and how you will be paid for your interest. It may also contain a provision on how existing obligations will be distributed between owners. Two common types of payments for departing owners’ interest in the business are buyouts and earn-outs. A buyout is a sale of your ownership interest governed by a preexisting agreement, such as a buyout or buy/sell provision in a Partnership or Operating Agreement. Such provisions contain a formula for determining the price of the ownership interest. An earn-out is a sale of your interest in which the price is contingent on the business’s future earnings. If any business contracts, debts, or other documents include your name, you should ensure that the separation agreement protects you against future liability. Again, an attorney can help you negotiate an appropriate provision to address this concern.

reaching resolution 

If reaching a final agreement between yourself and your fellow owners isn’t going as smoothly as you had hoped, you may want to consider taking part in alternative dispute resolution (ADR) with your fellow owners. Consider participating in arbitration or mediation to resolve any outstanding issues between owners to avoid future litigation. ADR can be costly, but you and your fellow owners will be able to resolve disputes much faster than if you litigate unresolved issues in court. Some ADR processes impose binding decisions on the parties, so make sure that you understand the terms of the process before agreeing to participate.

Announcing your departure 

Before your departure, consult with your fellow owners on if, when, and how you will announce your withdrawal from the business. Be mindful that telling customers, employees, competitors, or other related parties may expose you to liability.

Withdrawing from a business that you built from the ground up can be challenging and emotional. No matter your reason for leaving your business behind, you should take steps to protect yourself as you enter the next chapter of your life.

This post has been reproduced and updated with the author’s permission. It was originally authored on April 24, 2024 and can be found here.


Robin Platte, at the time of this post, is a recent graduate of Penn State Dickinson Law. Before attending law school, Robin earned her B.A. in Political Science from Virginia Commonwealth University and spent several years managing e-commerce platforms at a digital marketing start-up.

 

 

Sources:

All photos contained in this post were found on https://unsplash.com/

https://www.nolo.com/legal-encyclopedia/withdrawing-from-partnership.html

https://www.mylawteam.com/articles/partnerships/leaving-partnership-without-agreement-business-owners-need-know/

https://www.mylawteam.com/articles/partnerships/leaving-partnership-limited-liability-company-llc/

https://www.jdsupra.com/legalnews/about-that-llc-buyout-39640/ 

https://online.hbs.edu/blog/post/how-to-value-a-company 

Tips for Celebrity Entrepreneurs: How to Legally Fight the Consequences of “Bad” Reputation

By: Uyen Nguyen

While celebrity businesses often generate more profit due to their larger customer base and influence in the market, these businesses face more significant risks if their founders lose popularity or get “canceled.”

For example, Hip Hop mogul Sean “Diddy” Combs’s business venture lost its partnership with eighteen companies when he faced sexual assault allegations. Meanwhile, numerous athletes have lost their million-dollar endorsement deals with companies due to their own scandals. For instance, Pittsburgh Steelers running back, Rashard Mendenhall, tried to remedy his loss of an endorsement deal with Hanesbrand, Inc., by filing a lawsuit alleging the company’s termination of his endorsement as a breach of contract and a violation of his First Amendment right. The endorsement agreement that Mendenhall signed with Hanesbrand contained a “moral clause” that permits the company to terminate the endorsement deal if the athlete is caught in “public disrepute, contempt, scandal, or ridicule, or tending to shock, insult or offend the majority of the consuming public or any protected class or group thereof.” The legal issue is whether Mendehall’s tweet that Osama bin Laden’s death should not be celebrated violates this moral clause. A federal North Carolina District Court judge refused to dismiss the lawsuit and was going to answer this question; however, Mendenhall and Hanesbrand ended up settling the case outside of court.

In reality, most celebrities, when negotiating their deals with brands, often overlook the “moral clause” despite the fact that a violation of the clause could cost them million-dollar endorsement deals. A broad and arbitrary “moral clause” could place celebrity entrepreneurs at a disadvantage because they lack an understanding of the circumstances that would trigger the clause. Under a broad “moral clause,” any allegations of wrongdoings could lead to the termination of endorsement deals. Because we live in a “cancel culture,” celebrity entrepreneurs should spend the same effort in negotiating and drafting the terms of the “moral clause” as they would in negotiating the “salary clause.”

While it is paramount that we set a standard for celebrities and hold them accountable for criminal activities or sexual assault allegations, a celebrity entrepreneur should not face the risk of losing brand sponsorship or retail contracts for their social justice activism. Huda Kattan, the founder of Huda Beauty a cosmetic company worth $1.2 billion, faces backlash for her views on the humanitarian crisis happening in Palestine. As an Iraqi makeup artist, beauty blogger, and entrepreneur, Kattan gained international recognition for setting beauty trends and incorporating Middle Eastern makeup style into her products. Because of her views, she has been ridiculed and called out for  being “Anti-Semitic.” Currently, there is a Change.org petition demanding that Sephora, a French retailer of cosmetic products, remove Huda Beauty products from US stores. 31,038 individuals have signed the petition as of today. Although Sephora has not responded, it is not uncommon for retailers to cut ties with influencers amid scandal. In 2020, Cosmetic company Morphe cut ties with Jeffree Star and his cosmetic brand when he was “canceled” for his relationship with another controversial YouTuber.

Celebrity entrepreneurs should leverage their bargaining proposition, such as past endorsement deals and the profit they will generate, when negotiating contracts. They should pay close attention to what kind of behaviors and circumstances will trigger a violation of the “moral clause.” A narrower “moral clause,” such as the contract will be terminated if the celebrity faces criminal charges, is typically preferred by companies. Defining what kind of criminal charges and level of punishment would suffice a violation of the “moral clause” might put the celebrity in a better position. Celebrity entrepreneurs can also negotiate for “Due Process” protection as a part of the morals clause for which they are entitled to defend themselves if a company tries to terminate endorsement deals. In addition, celebrity entrepreneurs could require a company to show a credible finding or incorporate the burden of proof requirement of misconduct when a violation of the “moral clause” is triggered. By carefully drafting the terms of the “moral clause,” celebrity entrepreneurs could protect their economic interests when their reputation is damaged.

In the case of Huda Beauty, if Sephora finds that her support to Palestine is against their points of view, Sephora could terminate the retail contract if it contains a non-disparagement clause. A violation of a non-disparagement clause allows companies to address the actions of celebrities toward their companies. In negotiating the retail contract, celebrity entrepreneurs should pay attention to such a clause, as this clause typically benefits the company.

Entrepreneurs can also prevent the termination of retail contracts with an indemnification clause. The indemnification clause protects a party from losses incurred from another party’s breach, negligence, or misconduct. This clause can function as a tool for damage control when an entrepreneur’s reputation is attacked and prevent the company from cutting ties with these entrepreneurs completely because their losses have been remedied under this clause. However, attorneys should assess an entrepreneur’s reputation and history before suggesting the inclusion of this clause. If the celebrity is a highly controversial figure and has been caught in numerous scandals, then the termination of endorsement deals might be more beneficial to them than paying a massive sum of damages. Generally, an indemnification clause that is too broad and does not clearly state what type of misconduct will be covered is unenforceable.

Celebrity entrepreneurs can also trigger the “liquidated damages” clause when a retail company or brand terminates their contract. Attorneys should pay attention to such clauses because most courts have ruled that liquidated damages clauses intended to serve as a penalty clause or deter individuals from breaching contracts are unenforceable. Courts often do not favor liquidated damages clauses that are arbitrary in terms of damage amount. To ensure the enforceability of such a clause, an attorney must ensure that the clause is intended to remedy the amount of damages that is reasonably expected and calculated if the company terminates its contract with entrepreneurs. To seek legal remedy, celebrity entrepreneurs must show that they have fulfilled their duty to mitigate damages, such as whether they have attempted to find other endorsement deals or contracts with other companies to mitigate their loss. However, once their reputation is negatively impacted, it is less likely that another company would want to work with them. Regardless, celebrity entrepreneurs must fulfill their duty to mitigate in order to recover damages from a breach of contract.

Celebrity entrepreneurs should spend substantial effort in protecting their reputations, and attorneys who represent them should explain the legal consequences of losing their images. One way to minimize loss incurred from a damaged reputation is to include them as many legal protections, such as carefully-drafted moral clause and liquidated damages provision, in the contract during the negotiation phase. Once a celebrity’s reputation is negatively impacted and their career is overshadowed by scandal, their businesses will likely to incur a loss in revenue, and the termination of a retail contract or brand sponsorship will only exacerbate the economic loss. Thus, attorneys can protect clients’ economic and legal interests with creative contract provisions and offering them solutions in terms of damage control.

This post has been reproduced and updated with the author’s permission. It was originally authored on January 26, 2024 and can be found here.


Sources:

In re WorldCom, Inc., 361 B.R. 675

Space Master Int’l, Inc. v. Worcester, 940 F.2d 16

https://www.rollingstone.com/music/music-features/sean-diddy-combs-assault-accusations-fallout-empower-global-1234921058/

https://in.nau.edu/ethics/ethics-cases/mendenhall-hanesbrands-inc/#:~:text=Mendenhall%20filed%20a%20%241%2C000%2C000%20lawsuit,used%20to%20stifle%20free%20speech.

https://plus.lexis.com/api/permalink/f18da27c-840d-4828-8efc-ba5707731b75/?context=1530671

https://plus.lexis.com/api/permalink/da87f2a5-8556-4729-82d4-7f6b69f200ca/?context=1530671

https://time.com/collection/time100-impact-awards/6160129/huda-kattan-time100-impact-awards/

https://www.loeb.com/en/insights/publications/2008/09/what-every-player-should-know-about-morals-clauses

https://www.businessinsider.com/shane-dawson-tati-westbrook-video-jeffree-star-drama-timeline-cancelled-2020-6

https://www.change.org/p/urge-sephora-to-remove-huda-beauty-products-from-us-stores

Image link: https://www.harpersbazaar.com/beauty/makeup/a38746663/huda-beauty-liquid-lipstick-relaunch/

https://www.google.com/url?sa=i&url=https%3A%2F%2Fshipware.com%2Fblog%2Fcomplete-guide-tips-on-contract-negotiation-in-supply-chain-management%2F&psig=AOvVaw1gKa7avz46brOQJD1tlTIj&ust=1707509158340000&source=images&cd=vfe&opi=89978449&ved=0CBUQjhxqFwoTCJiSvLjFnIQDFQAAAAAdAAAAABAw

https://www.google.com/url?sa=i&url=https%3A%2F%2Faffirmativecouch.com%2Fthe-trauma-impact-of-cancel-culture%2F&psig=AOvVaw0475pQ27pH89S0cT-dcZLl&ust=1707509088480000&source=images&cd=vfe&opi=89978449&ved=0CBUQjhxqFwoTCPjVgZfFnIQDFQAAAAAdAAAAABAE

A Method to the Madness: Breaking Down Cash Basis vs. Accrual Accounting

By: Tim Azizkhan

Accountant Vector Art, Icons, and Graphics for Free DownloadAccounting has been coined “the language of business.” So you would think that all business owners are fluent in accounting. However, one study found that 60% of small business owners aren’t confident in finance and accounting! That includes a basic understanding of the difference between cash basis and accrual methods of accounting. These methods can have huge implications on a business, and this blog will discuss how cash basis and accrual methods of accounting can affect businesses differently.

I know what you’re probably thinking: “A blog about accounting…Why would I ever want to read that?” Hear me out. Want to better measure the health of your business? Interested in the IRS staying off your back? Better yet, are you interested in sticking it to the IRS by saving money on taxes? If any or all of those things sound good, this blog is for you.

what are cash basis and accrual methods of accounting? 

The main distinction between cash basis and accrual methods of accounting is timing. The cash basis method is based on the inflow and outflow of payments. Businesses recognize revenue when payments are received and recognize expenses when payments are made. The accrual method, on the other hand, is based on obligations instead of payment. Businesses recognize revenue when a performance obligation is satisfied and recognize expenses as they are incurred.

Each accounting method also affects a business’s taxes. Each method determines the timing for when income and deductions are included in a business’s tax return. Income is generated under cash basis when a business actually or constructively receives payment. Deductions can then be taken when expenses are paid for. Yet income is recognized under the accrual method when income is simply earned. Deductions can then be taken when expenses are incurred.

How do i choose and change accounting methods?

The IRS provides business owners with wide discretion in choosing their preferred methods of accounting. Businesses can generally use either cash basis or accrual methods of accounting. However, the primary exception  would be corporations and partnerships that do not meet the gross receipts test. The gross receipts test is conducted by adding a business’s gross receipts for the previous three tax years and dividing the sum of that number by three. If the resulting number is over $29,000,000, that business is barred from using the cash basis method of accounting. It must then use the accrual method. Businesses that previously qualified for cash basis use, but then outgrow the gross receipts test, are subsequently required to switch to the accrual method of accounting.

It may surprise business owners to know that, from the IRS’s perspective,  they have already chosen their business’s method of accounting. A method is officially chosen the first year that the taxpayer business reflects the item on its tax return. Following that first tax return, a taxpayer business must consistently use that same method to clearly reflect income. Yet despite enjoying almost full discretion in choosing a method, the choice to change methods of accounting is subject to the approval of the IRS Commissioner.

Form 3115 - Source AdvisorsThe application to change accounting methods is called a Form 3115, which must be downloaded, completed, and sent to the IRS. Businesses hoping to change accounting methods should gather all financial statements, tax returns, and accounting records before filling out a Form 3115. It is vital that businesses include complete and accurate information for such applications. Businesses can typically expect a 30-day turnaround for the IRS to grant approval or deny an application. If granted, the taxpayer business may change its accounting method.

Are there advantages and disadvantages to using each accounting method for my business? 

There are many factors that businesses should consider when choosing between the cash basis and accrual methods. These factors can be advantageous or disadvantageous depending on a business’s size, maturity, operations, goods or service offerings, and much more. This section will highlight three main factors that businesses should consider, at minimum, when it comes to accounting methods.

Factor 1: Simplicity 

The cash basis method is much simpler than the accrual method. Small businesses often have owners that wear multiple hats, including that of an accountant. The cash basis method provides owners without an accounting background a simple and quick solution. They will also avoid the higher costs of accrual method accounting, which requires more backchecking and adjustments. Larger businesses can often absorb these costs and favor the accrual method for its complexity. The complexity allows businesses to have a more accurate measure of it health.

Factor 2: Measurability  

increase revenue income investment profit growing. businessman carrying coin over business chart 23797204 Vector Art at Vecteezy

The cash basis method measures a business’s cash flow extremely well. Businesses using this method can quickly and strategically analyze when and if liabilities can be paid. Alternatively, a business may seek a more accurate representation of its profitability. That’s where the accrual method shines. The accrual method encompasses accrued revenues and expenses that would otherwise be omitted by the cash basis method. Larger and mature businesses may favor this representation when answering to shareholders and creditors.

Factor 3: Timing 

Timing is key for taxes. Businesses may prefer to limit taxes by pairing corresponding income and deductions in the same taxable year. The deductions help offset the amount of income tax a business will pay. The accrual method would be most beneficial for this purpose, as the reporting of income is not dependent on actual payment, and deductions are taken when incurred. The cash basis method, on the other hand, makes pairing income and deductions harder, because the taxpayer business must rely on another party’s timing of payment.

The accounting method your business uses matters!

Let me repeat: The accounting method your business uses matters! Accounting may not be the most exciting part of your business journey, but it sure is an important one. No matter what stage your business is in, take a few minutes to consider what accounting method is right for your business. Your business, and your bank account, might just thank you for it!

This post has been reproduced and updated with the author’s permission. It was originally authored on February 7, 2024 and can be found here.


Tim Azizkhan Headshot

Tim Azizkhan, at the time of this post, is a third-year J.D./M.B.A. candidate at Penn State Dickinson Law. He is from Mechanicsburg, PA and is a proud graduate of Gettysburg College. Tim is a research assistant for Professor Prince and the president of the Business Law Society. He aspires to open his own business.

 

Sources:

Forbes: Cash vs Accrual Accounting: What’s the Difference?

IRS: Accounting Periods and Methods

IRS: Accounting Method Basics

Fincent: How to Change Accounting Methods Using IRS Form 3115

Investopedia: Accural Accounting vs. Cash Basis Accounting: What’s the Difference?

National Business Capital: 36 Small Business Statistics You Need to Know (2020)

Vecteezy: Office Worker Image

Source Advisors: Form 3115 Image

Vecteezy: Profit Growing Image

What Exactly Are You Selling?: Disclosing Advertisements in the World of Social Media

By: Nicole M. Chew

Tic Tok, Instagram, Twitter (now X), Facebook, & YouTubeTo say that the world of social media is expansive would be an understatementThe boom of the virtual world, exacerbated by the COVID-19 pandemic, has created jobs that no one would have dreamed of 10 years ago: social media advertising specialists, social media managers, and an ever-increasing number of content creators and influencers.  Numerous companies have taken advantage of this new world, and ground is constantly being broken in the field of marketing and advertisements. The Federal Trade Commission is responsible for regulating fair advertising practices, and more companies than one have run into federal regulations pertaining to social media marketing and product endorsements. 

Celebrity product endorsement is nothing new, companies like Nike and Under Armour have long-since sponsored athletesCelebrity personalities like the Kardashians have been present in television ads for cosmetics for yearsIt’s easy to see that these athletes and personalities are being paid for their time and testimonialsThe question gets more complicated when you look at “small-time” social media influencers like makeup artists, and fitness gurus who posted the majority of their content Instagram and Tic Tok.  These influencers will often recommend makeup brands like MAC or Fenty Beauty, and fitness equipment like Peloton Bikes or clothing brands like Gym SharkAre these influencers being paid to recommend these brandsWhat obligation do these companies have to make sure that consumers know that these influencers are being paid to recommend these products and brandsWhat obligation do these influencers haveNot knowing the answers to questions like these can cause your company to get investigated by the Federal Trade Commission (FTC), resulting in damage to your company, both in financial and in reputation.

Playing it safe 

The Federal Trade Commission (FTC) is responsible for regulating commercial activity in the United States.  This agency regulates advertisements made by companies, and endorsements made by individuals, celebrity or not.  Specially, section 5 of the FTC Act prohibits deceptive advertisements, and endorsements fall underneath that very broad umbrella.  There are specific rules for endorsements, and the FTC makes it clear that the larger corporation is responsible for keeping their “endorsers” in line with the these regulations, and they adopt liability for the failure of their endorsers to comply with the FTC’s Endorsement Guidelines.   

To play it safe in the social media marketing sphere, here are 5 simple steps to make sure that you’re in compliance with the FTC Guidelines: 

  1. Make sure that your endorser is using the product that they are endorsing, and they continue to use it for as long as they are endorsing it. 
  2. Make sure that your endorser shares their HONEST opinions of the product (even if they are the same as yours). 
  3. Make sure that your corporation is checking up on your endorser that the endorsements they are making are not misleading.  
  4. Make sure the partnership between you and the endorser is CLEARLY disclosed (it needs to be obvious to every viewer that your company is giving some benefit to the endorser). 
  5. Take action to correct any non-compliance of an endorser to these guidelines.  

These steps are not a safe harbor, but they are a good step into ensuring that your corporation stays in compliance with the FTC Guidelines.  The FTC is aware of the ambiguity of the Endorsement Guidelines, and as such, they have taken steps to make it easer for you to find out from them directly if your business and endorsement practices fall under their guidelines. 

But what if i have questions about what is allowed?

The “What People are Asking” page has been developed so that you can bring your questions and concerns to the FTC directly, and while the answers given here are not official, they can certainly provide some guidance.  Quite simply, you can’t go wrong by asking.  This page is set up in an easy Q&A format that easy for someone unfamiliar with the FTC to navigate and understand.   

You can get to that page here.   

The FTC has also provided access to their enforcement policy for deceptive advertisements (or endorsements).  Having access to the enforcement policy statement made by the FTC can provide you with an official answer to any of your questions.  Reading over this brief document can help set you up for success in advertising your brand in accordance with the FTC guidelines.  Falling under these guidelines can help ensure that you never get investigated, keeping your brand well respected and saving the money involved in lawsuits and settlements.   

You can access that document here.

what happens if i don’t abide by the rules?

There are several companies that have failed to abide by the Endorsement Guidelines set forth by the FTC.  One of the main criticisms of the FTC is that it relies too much on self-enforcement by corporations, but this does not mean that these guideline violations go unchecked.  Companies like Lord & Taylor, Cole Haan, and CSGO Lotto have violated these guidelines and engaged in unfair or deceptive advertising practices as a result of their endorsers failing to disclose the relationship between themselves and the company.  The ramifications of such conduct include recurrent monitoring by the FTC, tarnish of a brand name, fines, and the cost of lawsuit settlements.   

There has been a trend of the FTC going after the corporation partnered with the endorser, and holding them liable for the statements made by the endorser.  As such, it is of the utmost importance that you follow the above steps to keep your company in good standing with the FTC and that your budget can be spent on corporation development, not lawsuits and settlements.

the big picture takeaway

Overall, the FTC incorporates a huge aspect of self-regulation amongst companiesThis is in part due to effective allocation of resources, but also because regulation between companies embodies some of the main ideas behind the U.S. economy – free enterprise and capitalism, where the consumer is the one who wins out by finding the best product for the best priceFalse or misleading endorsements deceive consumers, which undermines their ability to find the best product.  By following these simple steps, you can make sure that your company stays free of investigation, establishing the integrity of your company and the integrity of your endorsers and your products.   


Nicole Chew is a rising second-year J.D. candidate at Penn State Dickinson Law. She is from Montgomery County, Maryland, and holds a B.S. in Psychology from Frostburg State University.  She plans to pursue a career in criminal law litigation, as her background in psychiatric care has given her a unique insight into how the field of psychology interacts with our legal system.

Sources:

16 C.F.R. & sect; 255.0-2 

15 U.S.C.A. & sect; 45 (West) 

Ashley Luong, All That Glitters Is Gold: The Regulation of Hidden Advertisements and Undisclosed Sponsorships in the World of Beauty Social Media Influencers, 11 Wm. & Mary Bus. L. Rev. 565, (2020). 

Aimee Khuong, Complying with the Federal Trade Commission’s Disclosure Requirements: What Companies Need to Know When Using Social-Media Platforms As Marketing and Advertising Spaces, 13 Hastings Bus. L.J. 129, (2016).  

Image Sources: 

Influencer Marketing – https://www.google.com/imgres?q=influencer%20marketing&imgurl=https%3A%2F%2Fwww.legalandcreative.com%2Fwp-content%2Fuploads%2F2019%2F03%2Finfluencer-marketing-596×300.jpg  

Khloe Kardashian Image – https://oscwebdesign.biz/social-media-influencer-marketing/ 

FTC Logo Image – https://www.google.com/imgres?q=federal%20trade%20commission&imgurl=https%3A%2F%2Feconomie.fgov  

Banking Black: A Guide to Start-Up Capitalization and Business Formation for Black Small Business Owners

By: Barry Howard

From the early twentieth century, with such vibrant economic enclaves like Tulsa’s Greenwood district or “Black Wall Street”, Black entrepreneurship has been in no short supply. However, this entrepreneurial spirit has been stymied by systemic disinvestment, red-lining, and predatory lending, among many other vices of racial prejudice. Black business owners have become fewer in size and vitality. We are here to investigate why that is. But before we start, we must know our history.

to know the past is to control the future 

The nation’s first, government-subsidized, bank serving formerly enslaved African-Americans was the Freedmen’s Savings Bank, established in 1865. Despite a rather notable rise, the Freedmen’s Savings Bank was bankrupted in under a decade, partly due to issues regarding the investments of its managers. Quite long after, other banks sprung up–––though this time, Black owned. The first of them: the True Reformers Bank, chartered in March of 1888. From this period into the early twentieth century, black businesses began to boom. According to reports from the National Negro Business League, the period between 1900-1930 saw the most vigorous uptick of black-owned business and trade––with its biggest leap from 20,000 businesses in 1900 to 40,000 in 1914¬¬––an increase of one-hundred percent, making it the “Golden Era of Black Business”, according to historian, Juliet Walker. Black barbers, shoemakers, merchants, dressmakers, undertakers, and restaurateurs were ironically thriving under the enmity of Jim Crow. However, as the paradox suggests, as society began to integrate, the black dollar began to depreciate. Some cite the increasing industrialization of America’s urban centers as the source of this shift.

Through this Post-Depression “New Deal” period blacks were locked out of opportunities to acquire capital to either salvage or sew new seeds of economic growth. Much to our collective shame, these practices continually subsist. Studies indicate that black entrepreneurs receive disproportionately less venture or “start-up” capital than their white counterparts. This trend may be due, also, to financial illiteracy, distrust of financial institutions, and overall lack of notable representation. There is a laundry list of reasons why things are not as they should be. But, what if I told you how better things could become? Banking Black. If black bank account-holders were to re-collateralize their assets with Black-owned banks, this could yield far greater dividends. According to data from the 2021 Home Mortgage Disclosure Act, 15.3% of black Americans were denied mortgages, compared to 6.3% for non-Hispanic white Americans. This is consistent with Black-owned banks comprising less than 1% of all U.S. Banking Systems and only 7.53% of credit unions. Discrimination in lending has been a long practice. Despite similar creditworthiness, Blacks often are rejected access to loans at well over twice the rate than whites.

Alternatively, Black-owned banks have provided mortgages, loans and accounts to those who would otherwise have no services. However, despite black-owned banks service to a majority minority clientele, they are still dwarfed by the overwhelming mass of mainstream lending institutions like–––Bank of America, Citi, Wells-Fargo and JP Morgan Chase. The “Big Four” or, the largest transnational banking institutions in the world, have the most sordid histories of discriminatory practices. From the days of the Antebellum era, institutions like Wells Fargo, mortgaged enslaved Africans as collateral for loans advanced to insolvent southern planters. This legacy has marred the reputation of these institutions.

the way forward

 The appropriate financial response to these historic and present day abuses would be an exodus of aspiring black business-owners to more localized, community banks. This will relieve tens of thousands of black barbers, beauticians, nail-techs, fashion designers, and retailers who’ve had to beg their families, churches and communities to do what essentially is the job of a bank or lending institution. This practice underscores the increasing deficit of underbanked and underserved black communities. Big Banks have the benefit of government and private subsidies that have allowed them to endure beyond many devastating financial crises. Black banks have not similarly had this luxury. In fact, the total number of Black-owned banks has steadily decreased since the turn of the last century. With 48 federally recognized black banks existing in 2001 being shrunk to only 20 banks, as of September of 2022. Lest we forget, there are over 4,000 banks insured by the Federal Deposit Insurance Corp, or FDIC. However, despite this discouraging shortfall, there are black-owned banks currently existing¬¬–––the largest being City First Bank in Washington, D.C.––and other non-federally recognized, Black owned “Fintech” banks that are increasingly gaining popularity in the minority-focused banking sector.

if at first you don’t succeed…dust yourself off and withdraw your deposit account 

However, the reality remains that most black Americans are not “banking black.” With such creative solutions like Church/community credit unions and even credit unions for members of intercollegiate, social fraternities and sororities, the black entrepreneur may have a path forward. Beyond this, it is incumbent on the aspiring entrepreneur to understand corporate housekeeping and business formation. Many organizations may elect to classify themselves as not-for-profit or B-corps, which may insulate them from some tax liability. This information can be found in your local Department of State. Sifting through the minutiae of these documents can prove burdensome to the untrained eye. The National (negro) Bar Association (NBA) could establish a network of black business attorneys, tax associates, and financial analysts to demystify the jargon and ease the transition of business formation. This is sure to stimulate the black economy and return the black dollar to the black community.

Despite companies such as Netflix and PayPal pledging millions into Black-led financial institutions ,which although noble, accounts for only 2% of their cash-holdings. There must be a greater sense of societal urgency to move the black dollar forward. The banking public need also be disabused of the misconception that Black-owned banks only lend to minorities. If the multiple diversity, equity and inclusion branches of large corporate conglomerates were incentivized to invest low-cost, low-interest business loans with Black banks and businesses, we may expect to see a steady increase in black business owners acquiring start-up capital. This will restore communal trust in black businesses. From then on, black economic success is almost sure to follow. But until we begin to think black, we cannot bank black.

This post has been reproduced and updated with the author’s permission. It can be found here.


Barry Howard

Barry Howard recently graduated from Penn State Dickinson Law in Carlisle, Pennsylvania. He is originally from Jackson, Mississippi and received his undergraduate degree from Tuskegee University.

 

 

Sources:

https://www.bankrate.com/banking/how-to-support-black-owned-banks/ 

https://www.forbes.com/advisor/banking/black-owned-banks/ 

https://www.nerdwallet.com/article/banking/black-owned-banks-and-credit-unions