SLU Law Entrepreneurs Forge Paths to Success — excerpt from Saint Louis Brief, vol. 3, issue 1

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Marketing My Business Part II

Today many businesses have multiple social media outlets: Facebook, Twitter, Linkedin, blogs. I have read that to make my updates easier, I must link all my social media so that one post to one media is published to all the other media outlets.

For instance, this post will go out to my Facebook, Twitter and Linkedin profiles. Do I want this? Are all the audiences for these outlets the same?

This is a question I did not ask myself before last week.  This week I am talking to my class, law practice management about marketing business. I had a speaker to talk about social media ethics. Craig Moore spoke about using Facebook and Twitter to connect with clients.

This got me thinking: why speak about the same topics on all the social media feeds? So now my plan is to explain my thinking on social media platforms, such as Twitter and Facebook in greater depth on this blog.

I have decided to speak on different topics on Facebook and Twitter because the audiences are different. Linkedin is more corporate, while Facebook is a social website; Twitter is instantaneous.

Decide for yourself. Differentiate to stand out.

See you in my next blog.

Nalini S Mahadevan, JD, MBA

Attorney at Law

www.lawyersyoucantalkto.com

Copyright 2011. All rights reserved.

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Google+

My daughter sent me an invitation to Google+. At first glance it seems to be a mixture of Facebook and LinkedIn, and you can post updates like twitter. I added photos from Picasa and made them public. I separated my friends into acquaintances and close friends with whom I hang out with every weekend. I also separated other ‘friend’ groups, and my family to ‘near and dear’ and extended family.  resumably I can send targeted comments and have different sharing settings.

Google+ says it is a work in progress and that like gmail, it is being rolled out slowly. I was able to upload my pictures from Picasa and photos from my album very easily. But I was a little wary of sharing my Picasa photos or making them public.

Get this: I can video conference with 10 friends on Google+. It is called ‘Hangout’. All my google services are being loosely connected together in one spot. I discovered one of my friends had 42 friends already and her friends became my friends! No asking permission.

I also added topics of interest (Sparks) to my profile. Easy! Just searched and voila, added! Now I get streams of info on topics such as gardening, immigration law and news.

The groups called circles means more privacy than Facebook, where everything I say is sent to my friends and friends of friends. So I would manage the circles very carefully. I never forget that the internet is forever.

See you in my next blog.

Nalini S Mahadevan, JD, MBA

Attorney at Law

www.lawyersyoucantalkto.com

Copyright 2011. All rights reserved.

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Civil Unions

Civil unions are usually viewed as a benefit to same sex couples, allowing the parties to legalize their relationship and recognize that they are a couple just like you and me. The Illinois Senate has passed the bill and it has gone up to Governor Pat Quinn for signature. Governor Quinn is scheduled to sign the bill next year. The law could take effect next summer, June 11, 2011. But with this law, Illinois has enacted a law that has widespread effects. The law is called The Illinois Religious Freedom and Civil Union Act. The law was enacted because same sex couples were denied marriage benefits, and there was no compelling state interest or rational basis to deny same sex couples these marriage benefits. The bill particularly mentions that the purpose is not to interfere with religious freedom or beliefs about marriage. The bill will apply equally to same and opposite sex partners (something new) who want to enter into a civil marriage or union. Same sex partners will be called ‘spouse’, ‘immediate family’, and ‘dependent’. This is important because it has implications for divorce, probate law and other domestic relations law. So same sex couples can marry, divorce and have standing in court to sue on these actions. They can also inherit under probate law as a civil union spouse, sue for emotional distress, wrongful death, loss of consortium under Illinois tort law. As spouse, they can apply for insurance benefits – health and accident, be eligible for group insurance in employee insurance plans. Under Illinois tax law, they will be eligible as spouses for taxes and tax deductions as spouses and dependents. Marriage, under the Illinois law, is prohibited between siblings, uncle and nephew, aunt and niece. Because same sex couples are treated as ‘spouses’ under the marriage and divorce law of Illinois, they can now share rights to make end of life decisions, nursing home decisions, transfer of property to spouses, and survivor benefits. Under workers’ compensation rules, ‘spouses’ can claim benefits. Did I say there was something different about this bill? Well, heterosexual couples who do not want to marry, can opt for a civil union and enjoy the same benefits as a married couple would do. Why, you ask? Let us say that a couple is interested in a domestic partnership because they face loss of health insurance and other benefits, or seniors who will lose their social security survivor benefits, pension or income if they remarry, then this bill offers a way out. Seniors can also now have the right to make emergency decisions for their ‘spouse’ under this new law. It recognizes the relationship without the concomitant problems of marriage. So it provides straight couples some legal support but no title of marriage. Employers should review their employee benefits, especially health insurance, and family leave benefits and their compliance with applicable labor laws. Couples who opt for civil unions under this law can also make end of life decisions–they do not have to have powers of attorney to end, for example, a vegetative state. Remember the Terry Schaivo case? They also have the right to make funeral home decisions and take charge of the remains. But these protections are offered only at the state level and have no application at the federal level. Tax law, immigration law and a host of other laws will not recognize these relationships as spouses. I guess you could then claim a ‘spouse’ under the new law as a dependent under state law but not federal law. The federal law, the Defense of Marriage Act, recognizes marriage as a union only between a man and a woman. DOMA does not recognize civil unions even if the union is recognized by the state. This is a legal conundrum because the full faith and credit clause of the US Constitution makes it mandatory to recognize the laws of another state in the Union, and accord foreign state laws equal application and status. But same sex unions or marriages are non-existent in federal law. A United States Citizen or legal permanent resident cannot sponsor a same sex partner of foreign citizenship to live with them in the United States as their ‘spouse’. Same sex marriage was banned in California after Proposition 8 was passed. But on August 4, 2010, a federal district court decided that such a ban violated the Equal Protection clause of the US Constitution. The equal protection clause does not guarantee equality among individuals or classes but only that the laws would be applied equally to all. The question remains for us: are some more equal than others? Is the federal government practicing discrimination by the unequal application of laws, or by denying rights to some? Is this a slippery slope we should not venture on?

See you in my next blog.

Nalini S Mahadevan, JD, MBA

Attorney at Law

www.lawyersyoucantalkto.com

Copyright 2011. All rights reserved.

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TSA and Other Intrusions on Our Privacy

Yesterday, it was TSA intruding on our privacy with full body scanners and full body pat downs. These searches caused issues for persons with disabilities. TSA officers need more training on how to interact with disabled persons. Tom Sawyer, a retired special education teacher, had a urostomy (artificial bladder) and was embarrassed by TSA officers who ruptured his bag in an over zealous search. Today, air travelers are participating in a boycott of full body x-ray and opting for the full body pat down. The only persons who were affected were their fellow passengers!  The shoe bomber of 2002 and the Christmas day bomber of 2009 taught us not only to fear the dreaded holiday weight gain, but also terrorists who feel the holidays merit their special attention. I’ll take weight gain over being blown up…ha!

The alternative to intrusive scans is racial profiling. Targeting a particular racial group for extra law enforcement attention: Israel has mastered the art. Sometimes air passengers are questioned for 3 hours before a flight. If you are Arab, Israeli or a foreigner flying on El Al, then you are subject to humiliating body searches and in depth interrogation. The Israelis do not find it necessary to question innocent passengers who are 99% of the traveling public. There are no airline terrorist incidents affecting the Israeli airline.

An even greater threat to us is our online privacy. Today, the Wall Street Journal has a front page article about information collection by data mining companies. Two US companies, Kindsight, Inc. and Phorm, Inc, are promoting deep packet inspection as a way of collecting information about you as you surf the net. Their technology reads and analyzes data as it flies across the internet. This is very detailed profiles of internet activities, capable of reading e-mail and sensitive online activity. These services are used by internet advertisers to target consumers with particularized ads tailored and based on developed, detailed internet profiles. How does it work? You are online, sending e-mails, watching online videos, site surfing. The information is collected and sent in data packets from your computer to your internet service provider (ISP). The ISP channels your search to websites. These companies have the capability of reading (inspecting) these data packets traveling between ISPs and the websites you want to visit. Then when you visit the website, you see an ad from a store that you last visited online, or a news story that may be in your interest range. This profiling is possible because these companies know more about your habits, income, assets and debts than you thought possible. They know your age, driving history, your addresses, whether you rent or own, the names of your family members. These details from public websites can be easily obtained by anyone who knows where to look on the internet. The technology is largely driven by the need for more revenue; targeted ads garner more interest and revenue. This is especially true now that ISPs are under greater fire to provide more services at lower prices. When I was researching articles for this blog, I received ads from my favorite stores. Of course, I would be more tempted to click on the ad. That is what these companies want; targeted ads provide larger revenue streams. As I surf the net, I try to use not only Google, but also Bing, Ask and Yahoo for my searches. Use some of the lesser known search engines. Opt out of privacy announcements. I now read every online agreement before I agree. As with everything internet, buyer beware.

See you in my next post.

Nalini S Mahadevan, JD, MBA

Attorney at Law

www.lawyersyoucantalkto.com

Copyright 2010.  All rights reserved.

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What a Republican Win Means to Me

So the Republicans won last week and we know that candidate Lisa Murkowski from Alaska may have lost, largely because her name was misspelled by the voter and could not have been counted. Sow what does a Republican win mean for immigration? If Republicans are pro-business, that means that business may start humming again largely due to the fact that the uncertain legislative climate is behind us. The 4,000+ changes brought about by health care reform and wall street reform had businesses reeling, trying to play catchup with compliance.

A Republican win also means that enforcement at the border and against businesses will remain at the same high level of execution. So there may be a better business climate leading to more hiring and causing businesses to bring over more foreign workers, provided they did not take TARP funds (bailout funds) from the federal government or have repaid the funds. Right now, businesses are not hiring foreign nationals because they are busy laying off workers. Enforcement business has been steady in immigration, whether it is deportation of out of status foreign citizens or punishing businesses employing foreign citizens without work visas.

I also practice estate planning. For CPAs and lawyers and the IRS, working in this area means the uncertainty of 2010 carry over basis may be over! Finally we will go back to having $3.5 million of exemption from federal estate taxes, so my Missouri estate planning clients will now have more advice from me, other than “please don’t die in 2010!” Congress still has to enact new law to give effect to my dreams, but I can dream now! As a small business owner, I heave a sigh of relief! Now I think I will stop working for Uncle Sam until June. When you are a small business owner, you wear many hats: lawyer, parent, tech geek, accountant and even counselor. I had to hire a service to process payroll because it was consuming too much time and I was never sure I had the numbers correct. If you pay too little, the fines and penalties can really add up from the State and Federal tax man.

So I freed up some time to actually practice law. We need less government and more private enterprise. More money in my pocket as a small business, and I may actually be able to hire another person in the office. What a revolutionary thought!  When you think about unemployment, there is a structural unemployment of 5.5%; total unemployment 11%. Structural unemployment means joblessness caused not by lack of demand, but by changes in demand patterns or obsolescence of technology; and requiring retraining of workers and large investment in new capital equipment. So there were already 51.5% of the population of the US not working when the recession started in 2007. Now there are 5-6% more. Look at it another way: 89-90% of persons employable are working. Maybe when you wake up and see the unemployment number you will feel better about your situation. I see people who have lost their jobs. These people are on a work visa or are awaiting a grant of permanent residency. For these people, it is a precarious living, made worse by the fact that their very existence in this great country is jeopardized by being jobless. Perhaps an enlightened immigration policy that favors business will be enacted by the new Republican party in power. I can dream can’t I?

See you in my next post.

Nalini S Mahadevan, JD, MBA

Attorney at Law

www.lawyersyoucantalkto.com

Copyright 2010.  All rights reserved.

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Enjoying Your Life

I guess you could ask me why I am writing about enjoying life rather than about some legal topic that I usually blog about. I have realized that I need to enjoy my life in order to enjoy coming to work everyday and dealing with clients’ problems. So how do I enjoy life?  Friends online and in real life; exercise and the outdoors. This weekend I went to Forest Park in St. Louis, Missouri. I rented a paddle boat, the kind you paddle with your feet. It is a lot harder than it looks! The day was beautiful, the fountains were spewing water everywhere, and the wind carried the spay with it! As I watched, four wedding parties came and went, took pictures with their friends, jumped in the air for an action shot. It took me about an hour and twenty dollars, but it was invigorating and renewing. Just the thing I needed to face Monday.

Fall colors at Creve Coeur Lake Park, Creve Coeur, Missouri

Forest Park Lake, St. Louis, Missouri

See you in my next post.

Nalini S Mahadevan, JD, MBA

Attorney at Law

www.lawyersyoucantalkto.com

Copyright 2010.  All rights reserved.

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