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F I NANCIAL CRISIS WATCH: Find i n g t h e B o t to m o f t h e Ec o n o m i c D ow n t u r n

The Los Angeles South Bay B2B Magazine • Second Issue 2009 • Volume 4, Issue 3 • www.BusinessInsider.us • Complimentary Copy

insider
Green Biz

The Real Estate Weather Report:


Keep Umbrellas Handy and
5 South Bay Organizations Make Hay When the Sun Shines

Upping the Eco Ante Legal Pro Doubleheader:


Survive a Lawsuit and
Select the Right “Entity” for Your Business

Technology Insider Doubleheader:


Digital Publishing Makes Magazines Greener and
Surviving the Recession With Efficient IT Planning

Read Us in Print and Online in High-Resolution


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PRSRT. STD.
SUBPRIME FALLOUT - CREDIT CRUNCH - MORTGAGE MELTDOWN! A Truly Holistic View
of “Sustainability”
Humanity faces dire consequences when
The Rules Have Changed! we destroy the sustainability of our eco-
Debt Structuring, Credit Management system. In this “Green Biz” issue, we pro-
And Tax Planning file five local organizations committed to
doing business in an ecologically sustain-
Crucial in Real Estate Financing able manner while teaching others to do

T housands of homeowners are learning the hard


way how short-sighted mortgage opportunities can
devastate their financial situation. In the current volatile
the same. “Sustainability” is a word that
has been horribly ignored by our civili-
mortgage market, a mortgage is no longer just a mort-
zation for much too long. We live in the
gage. It is a financial instrument that needs to be woven “here and now” with little or no thought
into the fabric of your short and long term financial plans. for what led us here or what unsustain-
As a Certified Mortgage Planning Specialist and Certified Ken Roberts CMPS, CLA able living could mean for our future.
Liabilities Advisor, I take a financial planning approach to President
mortgage lending and debt management to effectively Certified Mortgage Planning Specialist
We do this in the way we exploit the
maximize tax advantage while structuring your financing Certified Liabilities Advisor environment and take our chronically
with safety and liquidity in mind. 30 Years in Real Estate flawed economic system for granted. It’s
In today’s real estate market environment, you can no longer afford to do business with anyone no accident that both are collapsing be-
who’s not a tried and true seasoned professional. Do not trust one of your life’s largest financial fore us. More green in the environment
transactions to someone that’s new, part-time or doing mortgages on the side. Likewise, make
is a good thing. More green in the form
sure you deal with a Realtor that is at the top of their game and experienced in how to thrive in our
current environment. For you, it may well be the difference between success and failure. The game of green ink on currency not sustained
has changed. Play to win!! by genuine production has proved a
very bad thing. The latter unsustainable
The Lowest Rate on the Wrong Program is Very Expensive! form of “green” is the root cause of the
wild swings the global economy has ex-
Call Now For a Free, No Obligation Consultation (310) 534-6200 perienced over the last generation. Busi-
AMERICAN RESIDENTIAL REAL ESTATE FINANCIAL, INC. ness Insider Magazine strives to help you
21250 Hawthorne Blvd. Ste 500, Torrance – www.kenrobertslending.com understand “sustainability” in all forms,
whether they be ecological or economic.
Many of our columnists share useful
GROWING A BUSINESS? insights on ways to run your business
more effectively so you are in a better
position to cultivate the dollars circu-
Your South Bay Business Lawyer™ lating in the market. This is something
Limit your obligations and liability: every business must continue to do at all
Set up a corporation, LLC or partnership for your times. It’s a given that we will be working
business. harder for the foreseeable future. How-
ever, the businesses that survive this un-
Protect your interests: precedented economic downturn will be
Get customized contracts to favor your position and the ones that work smarter—or better
a skilled advocate to negotiate on your behalf. yet—wiser. It also helps to gain a deeper
understanding of the economics that set
Play to win:
the stage for our activities. This is where
Increase your chances of coming out on top in a
Business Insider Magazine strives to go
business dispute.
deeper to expand your understanding of
Firm focus: issues and events affecting our economy
New and growing companies, non-profits and that continue to mystify the corporate-
woman-owned businesses. controlled media. It’s really not a mys-
tery at all if you simply open your eyes
Dedicated to providing affordable and take a closer look. Take a close look
at this issue and I expect your eyes will
and responsive one-on-one client service open considerably wider.
Call DeAnn today for a free consultation Regards,
1334 Parkview Avenue, #100 • Manhattan Beach, California 90266
tel: 310.546.8111 • fax: 310.546.8158 • e-mail: deann@dfclawcorp.com David Whitehead
www.southbaybusinesslawyers.com Publisher

DeeAnn Flores Chase - Ad Master 1 1 8/5/2008 4:00:15 PM


Business Friendly, Green Gracious.

Covered Solar Paneled Parking Proposed “Dry Cooling” Power Plant

El Segundo is not only known as the first Most Business-Friendly City in Los Angeles County, but also one
of the most environmentally conscious cities in California. Our record speaks for itself:

#1 City in L.A. & Orange Counties: In diverting solid waste to recycled products

#1 City in California: In reclaimed water use

We’re also home to the Southland’s largest solar panel project, a new “dry cooling” power plant and
several upcoming developments expected to achieve LEED certification for environmental sustainability.
El Segundo also recently established its own Environmental Committee dedicated to ensuring that future
projects are green-conscious. So if you’re looking to relocate your company to a city that takes care of its
businesses and the planet, look no further than El Segundo.

www.themostbusinessfriendlycity.com THE CITY THAT INVESTS IN YOU.


I n This Iss u e. . .

Cover Story:

Green Biz
5 South Bay Organizations Upping the Eco Ante ... 8

Legal Pro Doubleheader:

Litigation Insider:
7 Steps to Surviving a Lawsuit ... 10

Incorporation Insider
Protect Yourself and Your Business By Selecting the Right “Entity” ... 20

A Real Estate Pro’s Perspective


The Real Estate Weather Report ... 12

Publisher’s Perspective
The Empire With the Invisible Throne ... 16

The Financial Crisis:


Finding The Bottom ... 18

Technology Insider:
Digital Publishing Makes Magazines Greener ... 6
Efficient IT Planning is Key to Recession Survival ... 7

South Bay Calendar of Business Events:


Save the Date! ... 22
BUSINESS insider MAGAZINE
The South Bay Los Angeles
Business-to-Business Magazine

Publisher & Editor


David Whitehead

#10 Bank
Contributing Writers
DeeAnn Flores Chase,
Ken Roberts, Kurt Schlichter,
Brian Simon, David Whitehead

Graphic Design & Production


David Whitehead

Copy Editing & Proofing


in the Nation
Brian Simon -American Banker Association
Advertising Sales Manager
David Whitehead

Assistant to the Publisher


Alexandra C. Hart Super Premier Performing Bank
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TECHNOLOGY INSIDER

Digital Publishing Makes Magazines Greener!


By David Whitehead

B
ecause every publication I have ever been associated with Forward-thinking publishers understand the obvious potential for
was produced with computers, I have spent my entire career this technology to catch on in a big way. There are also premium
wondering if we would always be publishing with ink and publication platforms that do track the full range of reader statis-
paper. Unlike most publishing professionals of my generation, I was tics. ZMags, a Boston-based company, asserts that publishers are
never bonded to the idea of chewing up pulp. Although I have no using their advanced platform to qualify readers, earn revenue and
timeframes in mind for going totally digital with Business Insider know the cost/revenue ratios of the digital magazines in relation to
Magazine, I could end up making this decision before I retire with the numbers of online readers.
the last of the baby boomers. “We’ll do print as long as it makes
sense” is the mantra espoused by many in today’s publishing indus- The Next Technology Wave Poised
try. For many, it’s no longer about if but when digital will become to Rock Print Publishing
dominant over traditional print. What’s further troubled traditional publishers already coping with
Five months prior to this writing, we began phasing out our online the worst crisis to hit our industry in decades is a new technology
.pdf edition of Business Insider Magazine in favor of the high-reso- that could make digital formats the dominant publication media in
lution Adobe Flash digital format. So far, we the not-too-distant future.
have cultivated additional online readers equal A new gadget hit technology consumers with
to about 15 percent of our print distribution, a whisper while creating lively debate in the
and this total continues to increase over time. print publishing community. It’s an e-book
This impressed me because current platforms reader called the Amazon Kindle. Marketed
for “flip-page” magazines require readers to by Amazon.com, this device at first glance
navigate and zoom through vertically designed looks like a simple gizmo donning a small ver-
magazine pages on their horizontal computer tical screen with a typing keypad below it and
screens. Despite this and other limitations in a few simple navigation buttons on the sides.
using conventional computers as portable read- I’ve seen flashier calculators, but like the un-
ing devices, a core segment of computer users assuming iPod, this device packs tremendous
are choosing to read digital publications. In fact, power that will undoubtedly have a transfor-
some publishers are producing horizontally de- mative impact on print publishers.
signed versions of their print publications for What has drawn the ire of our industry pa-
easy viewing on conventional computer display per pushers is its screen technology. Rather
screens. And this is just the beginning. than using a traditional Liquid Crystal Dis-
play (LCD) screen, it uses a new electropho-
Print Publishers Largely Divided on retic technology delivering print-sharp screen
the Impact of Digital Publishing resolution that does not require battery-consuming backlighting.
I recently participated in an online discussion with publishing Conventional LCD screens are assembled mostly by hand through
professionals from around the United States on their experiences an expensive bulk manufacturing process that must be conducted
with digital publishing. The general consensus is digital will play a in a sterile environment. In fact, the limitations of LCD technology
significant role in our future, but how much impact it will have or if have somewhat stymied the evolution of personal computers and
it will at some point eliminate print is hotly debated. other electronic devices. At least it has until now.
First, even though significant reader gains have been made be- The newer generation screen displays will roll off the production
cause these readers are coming from the World Wide Web it is dif- lines with a process similar to printing. They will be much cheaper
ficult to qualify them to know if they are relevant to a particular to produce, lighter, can run for about a week on a battery charge, and
publication’s print display advertisers. In fact, the “paper defenders” are seen clearly without glare in bright sunlight. Advanced versions
point out there is no collected data indicating print advertisers will of new-generation screen technology are expected to be thin and
buy more because a publication is available online as a digital flip- flexible. Imagine a magazine-sized screen that can be rolled up like
magazine. I personally take this observation with a grain of salt be- a scroll and tucked away in your pocket. Some people are already
cause print publishers made similar justifications for ignoring the calling this “electric paper.” Sprint recently started an ad campaign to
impact of the Internet. They were stunned when entire classes of prep cell phone users for the paper-liberating devices to come.
traditional display advertising migrated online and stayed there. Continued on page 29

 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 n d I ss u e 2 0 0 9
Efficient IT Planning is Key to Recession Survival
By David Whitehead

T
he financial crisis may not be the erate profitably. But none of this surprised choice rather than forming an IT team to
only thing putting a strain on your me after spending several years working for create a consolidated system that made
business. If your IT upgrades didn’t him. sense not only for what the company did,
keep pace with your growth during the On the operations side, the company but also for how it planned to grow.
boom years, chances are expensive inef- heads also planted too many IT seeds that Their disjointed systems worked just fine
ficiencies are starting to get noticed. Sur- bore incompatible fruit. They had to man- for a number of years when the company
viving a tough economy requires all of us age projects and ongoing information for was small. But when they grew substantial-
to be as efficient as possible, which means client servicing, which in many cases held ly, the information in all of these databases
it’s time to take a hard look at productiv- the same information used on the sales, grew unwieldy. Staff laboriously inputted
ity problems created by poorly planned IT accounting and finance sides. When they the same information in different systems
systems. were very small, they used Microsoft Proj- that not only couldn’t communicate with
I have worked for several companies that ect to manage production issues and ACT, each other, but were often not even ac-
allowed their IT to become grossly ineffi- which is really a sales contact manage- cessible to the very people who needed it.
cient because systems were allowed to grow ment software, for client servicing. When Even if you had access to the system, it was
haphazardly with little or no planning. they formed a business development team, a chore to find anything if you didn’t work
Let’s just say newspaper and magazine pub- they started a separate ACT database for for the department that maintained it.
lishers are the poster children for bad IT sales. And to make matters more compli- They eventually began to transfer produc-
systems. During the course of my career, I cated, they serviced customers by keeping tion and client servicing from spreadsheets
have seen some amazing debacles. the contact information on spreadsheets. to a custom-designed Filemaker system, but
The saga usually went something like This happened because different manag- the CEO refused to allow this type of com-
this: An off-the-shelf system is purchased ers picked their off-the-shelf solutions of Continued on page 30
on the fly without taking growth or chang-
ing needs into account. When deficiencies
inevitably occur, management hastily opts I realize that during a booming economy, companies get
for quick fix add-ons instead of upgrading
thoughtfully with the future in mind. This too preoccupied with their core business to notice the
results in redundancies, unnecessary proce- monsters they often create with their IT management.
dures that could be consolidated and all the
other problems and mistakes that pop up Bad feelings and finger pointing result when these
when systems don’t share or use the same
information. kinds of problems lead to horrible mistakes or create a
Case in point: I once worked for a fast- productivity gridlock.
growing company whose accounting issues
grew beyond the reach of QuickBooks. The
CFO refused to dedicate time or resources Your Printer Repair and Supplies Specialists
to properly upgrade the IT to keep things
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WeFixPrinters - Ad Master - Jun 1 1 6/20/2008 4:16:06 PM

2 n d I ss u e 2 0 0 9 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 
COV E R F E AT U R E

Green Biz
5 South Bay Organizations
Upping the Eco Ante
By Brian Simon

W
hile entire nations must grapple with the harsh implications
of “global warming” and how to address it, it will ultimately
take cooperation on an individual grass roots community
level to spread the message espoused by leading scientists to make a mean-
ingful impact across the country. With that in mind, a number of South Bay-
based businesses, agencies and cities have already made their mark on the
green front. Here is an overview of a few notable contributors to the cause.
Homestead Realty West Makes Environment a Realty Show
When thinking about traditional “green” businesses, real estate companies typically don’t come to mind. But last fall, Manhattan Beach-
based Homestead Realty West became the first business in the South Bay and the first real estate office in the country to achieve green cer-

4
tification through a Hermosa Beach-based firm (Green Certifications) that uses at least 110 separate criteria—and virtually no paperwork
in the process—to assess a business’s environmental performance and, if that business passes muster, then recognize the accomplishment.

 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 n d I ss u e 2 0 0 9
Efficiency, reduction and conservation are are getting more environmentally efficient. lets, and landscaping that requires minimal
the key areas considered, with various sub- I think it will turn into something spec- watering. “Everything new that gets built
categories attached. So businesses that like tacular eventually. All our agents are really will have stricter standards,” added Birken-
to think of themselves as “green” can actu- excited about it. It’s still all so new.” feld.
ally take specific steps to get there and then Speaking of housing, Homestead recently Meanwhile, the real estate world itself has
flat out prove it with an independent cer- moved into a new energy-efficient building upped its own green ante. The National
tification. with tank-less water heaters, low-flush toi- Continued on page 14
“We had to get our office as environ-
mentally friendly as possible,” said Sabine
Birkenfeld, Realtor and Certified Inter-
national Property Specialist who joined
Homestead in the early ‘80s. To qualify, the
company took a number of steps, including
keeping recycling bins in the office; using
environmentally-friendly cleaning supplies
and paper products; conserving electric-
ity by not keeping computers on at night
and using energy-efficient bulbs; and con-
tributing dollars to local environmentally
supportive projects such as the Redondo
Beach Sea Lab.
“We also encourage clients from out of
town to rent hybrids,” added Birkenfeld,
who said that one challenge for Realtors
is that they have to use cars to get to the
properties for previewing and showing.
“We can’t walk our clients around. Because
we do a lot of driving, we have a carbon
offset program where each year, depending
on the mileage driven, we buy wind power
credits.”
Homestead Realty West began its quest
for certification about a year ago. “You fill
out everything you do step-by-step,” said
Birkenfeld, who admitted that some goals
are difficult to achieve, such as finding a
local printer who uses environmentally-
friendly inks to make up business cards, or
locating a green pest control outfit.
Though getting certified certainly costs
the company money, it may also bring it
some new business as well to potentially
help offset the price of the aforementioned
offset. “We’re just in the beginning stages
of getting the word out, so ideally we want
attract the types of clients who are like-
minded and are supportive of someone like
us who also care about the environment,”
said Birkenfeld. “At the same time, we hope
it will raise awareness and inspire others
in the community to follow suit. The next
trend will be green housing where homes

2 n d I ss u e 2 0 0 9 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 
L I T I G AT I O N I N S I D E R

7 Steps to Surviving a Lawsuit


By Kurt Schlichter, Esq, Attorney at Law

A
s the economy worsens, ligent businesspeople who are served with a lawsuit, put it in an “in”
more businesspeople find box and do nothing until the notice of default arrives in the mail.
themselves being sued.
Getting sued is no fun even in Step Two: Determine Your Budget
the best of times. You are mind- You have settled on a lawyer. Now you need to figure out how to
ing your own business when some pay for her.
vaguely disreputable gentleman The best defense is one where someone else pays the bill. Your in-
steps up and hands you a batch of surance policies might provide a legal defense as well as pay a judg-
papers, announcing that you have ment against you. Tell your lawyer about your insurance coverage
been served. Reading the “Com- – business, auto and even home. Insurance usually covers claims in
plaint for Damages,” you do not which you are accused of doing something unintentional, like caus-
recognize yourself. The facts are all ing an accident. It typically does not cover intentional wrongs, like
wrong and many of the allegations fraud or claims that you breached a contract. If there is even the
are outright lies. The “plaintiff ” has most remote possibility that the insurer will “accept your tender,”
accused you of all sorts of misconduct and claims everything you
make your claim. Yes, it may make your premium go up a couple
did was part of some deliberate scheme designed to defraud him.
hundred dollars a year, but considering that many business lawyers
Welcome to the world of business litigation. Now what?
charge north of $300 per hour, you may as well use your coverage.
Understand first and foremost that lawsuits are about money; you
Your ability to pay for your defense is key to determining your
need to look at litigation from a business perspective. The key to
initial strategy, just as finances are key to your routine business de-
coming through litigation with the optimal outcome is to under-
cisions. Even a mid-sized case can cost $50,000-$100,000 in legal
stand the process and to make smart, well-reasoned business deci-
fees through a verdict. If you are paying the fees yourself, you will
sions at each of the seven critical steps.
need to put a substantial amount down as a deposit and then pay
Step One: Stop, Think and Lawyer Up the monthly bill. Ask for an estimate, understanding that the final
You have read the complaint and you are furious. Your first idea is total will likely end up higher. If you cannot afford to defend your-
to reach for the phone and give your opponent a piece of your mind. self, you need to know that when evaluating your options.
Or maybe you think that once you explain what really happened, he If you win, the other guy has to pay your attorney fees, right? Sor-
will drop the suit. These are bad ideas. ry. Except where the dispute is on a contract with a provision for
Plaintiffs tend not to sue unless they are serious about their objec- the recovery of legal fees, parties generally bear their own attorney’s
tive. You are not going to talk your opponent – or his lawyer – out fees. All you get back if you win is a judgment for some of your out-
of the lawsuit. You are more likely to just say something that will of-pocket costs, like filing fees.
come back and haunt you. Step Three: Responding
You need professional help – not only for the technical legal mat- Sometimes the best response is no response. If you have no as-
ters, but because you are emotionally involved, and emotional deci- sets and no way to fund a defense, perhaps it makes sense to let the
sion-making is bad business. Unless you think do-it-yourself sur- other side take a default judgment. A judgment that cannot be col-
gery is a good idea too, you need a lawyer (and if your company is lected is no judgment at all. Similarly, if the claim against you is big
a defendant, you must have a lawyer). Litigation is a harrowing, enough – and does not involve fraud or similar wrongs – you might
frustrating process, so you need to pick a lawyer who is not only consider bankruptcy, which could discharge the entire claim against
technically proficient but one with whom you can relate. Talk to you along with many of your other obligations. Sometimes talking
several. Find one whose personality suits you. If you are chatty is the best plan – perhaps your lawyer can settle the case early for a
and need hand-holding, do not hire a ringer for Mr. Spock. If you reasonable amount.
think General Patton was a little restrained, do not retain Mr. Rog- Usually, you will end up responding to the lawsuit. The most com-
ers, Esquire. mon response is an “answer.” This is a document that essentially
And do not delay. The clock starts running once you have been denies everything the complaint says and asserts various defenses.
handed the papers. You would be shocked at the number of intel- Another option is a “demurrer.” A demurrer is a motion that es-

10 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 n d I ss u e 2 0 0 9
sentially says that even if everything in the complaint is absolutely formal settlement talks in almost every case. Sometimes this takes
true, the plaintiff is not entitled to win. Demurrers rarely kill a case the form of a settlement conference in front of a judge. There are
completely; they are best in more complex cases for cutting down also professional mediators. The judge or mediator will work with
the number of theories against you. They are also expensive, but the parties, point out weaknesses in their cases and try to create a
where appropriate they are invaluable. compromise. You will need to be personally present, along with
your lawyer. Sometimes you will feel pressured to settle – perhaps
Step Four: Discovery and Motions even by your own lawyer. That is not necessarily bad; they might be
Much of the time spent in litigation is in the “discovery” process, telling you something. However in the end, the decision to settle
where your attorney gathers evidence by demanding documents is always yours.
from the other side, sending them written questions and taking Abraham Lincoln started his career as a lawyer – nobody’s perfect
“depositions” – interviews of parties and other witnesses with law- – and urged his fellow lawyers to try to settle:
yers and a court reporter present. Discuss discovery strategy with “Discourage litigation. Persuade your neighbors to compromise
your lawyer to ensure you are getting the most bang for your buck whenever you can. Point out to them how the nominal winner is
– weigh the costs versus the benefits of each step in your lawyer’s often a real loser -- in fees, expenses, and waste of time.”
discovery plan. —From Abraham Lincoln’s Notes for a Law Lecture, dated July 1,
The other side will also do discovery on you. You will be verifying 1850.
your discovery responses (which your attorney drafts) under pen- Of course, Lincoln is less famous today for his willingness to
alty of perjury, so be truthful and complete. Eventually, the plain- compromise than for his steely resolve as he led the United States
tiff will take your deposition. Remember to provide truthful, clear through its bloodiest war to the unconditional surrender of its op-
answers and avoid saying snarky things that will reflect poorly on ponent.
you should the transcript be read to the jury. Take your discovery
obligations seriously – if you fail to respond in time or truthfully, Step Six: Trial
the results can be disastrous. The laws of probability dictate your case is unlikely to be tried to
Your attorney may suggest making a “Motion for Summary Judg- a verdict. But some cases cannot and should not be resolved. You
ment” (“MSJ”). An MSJ is different from a demurrer in that you
need to be prepared to be one of that three percent.
can use some of the evidence you have gathered to ask the court
First, decide whether or not you want a jury. The parties can “waive
to rule in your favor because all the basic facts of the case are un-
a jury” and let the judge act as the finder of fact instead of only rul-
disputed. Contract cases where there are a lot of documents are
ing on issues of law. Juries are often best where your case has a
often good MSJ candidates; cases where the evidence is primarily
large emotional component. Consider a judge when you depend on
the contradictory testimony of the parties are bad MSJ candidates
a clear but perhaps nitpicky application of law.
because the facts are disputed.
Trial preparation is an expensive endeavor. Expect that your at-
MSJs are an invaluable tool for defendants because they have the
capacity to kill a case outright without going to trial, but they are Continued on page 25
hard to do correctly because of the many procedural rules. MSJs
are also expensive, though not nearly as expensive as a trial. Understand first and foremost that lawsuits

Step Five: Settlement are about money; you need to look at litigation
The fact is that 97 percent or so of cases never go to trial. Some
are dismissed voluntarily – yes, occasionally plaintiffs just abandon from a business perspective. The key to coming
their lawsuits. Others are defeated by demurrers or MSJs. The
majority, however, are settled. through litigation with the optimal outcome is
Settlement is not exactly a step, but a process. You can settle at
any time. Figure out early on what you would pay to settle your to understand the process and to make smart,
case. Paying on a claim you know has no merit is galling, but your
monthly legal bills will dramatically demonstrate that principle well-reasoned business decisions at each of the
comes with a hefty price tag. Again, in business litigation, the wis-
est decisions are business decisions. seven critical steps.
The courts love settlement – it clears their dockets – and order

2 n d I ss u e 2 0 0 9 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 1 1
A R E A L E S TAT E P RO ’S P E R S P E C T I V E

The Real Estate Weather Report


Keep Umbrellas Handy and Make Hay When the Sun Shines

I
f the real estate climate was reported like to $8,000 for first-time buyers that earn $75,000 or less as single
the weather, it might sound something filers, and $150,000 or less for those married filing jointly. (With
like the following: joint income over $150K, there is a gradual phase-out of the credit
“Expect the stormfront in the South Bay going to zero at $170K combined). This is a tax credit that reduces
real estate market to continue with cold tem- the amount of federal income tax you pay dollar-for-dollar by up
peratures, scattered showers, and occasional to $8,000, as calculated by taking 10 percent of the purchase price,
gale force winds in the middle class areas, not to exceed $8K. (For more information go to http://www.feder-
gradually giving way to partial clearing and a alhousingtaxcredit.com/2009/home.html).
warming trend for first-time buyers with the Another silver lining in the cloudy forecast is a $10,000 state tax
worst behind us for the high-end market.” credit for new construction purchases by first-time or existing ho-
One of the barometers of the real estate climate is the number of meowners between 3/1/09 and 03/01/10, with no income restric-
foreclosures being filed in a city. While this really doesn’t paint the tions. Break out the sunglasses, sunscreen and swimsuits! There is
whole picture since need to take into consideration the number of $100,000,000 allocated by the state for this on a first-come, first-
short sales (where the sellers owe more than the home is worth and serve basis. (For more information, go to http://www.ftb.ca.gov/in-
the bank agrees to take the loss and allow the homeowner to walk dividuals/New_Home_Credit.shtml).
away) and other distressed sales, it’s a pretty good indicator. As the Many of us noticed that mortgage rates rose dramatically in the
flood of distressed properties subsides, a more normal market will first week or so of June. This potential cold front could develop into
emerge with real live people as sellers rather than institutional sales another major storm, causing the economy to stall and double dip.
dictating market values. The Fed knows the foundation of a sustained economic recovery is
Let’s look at the number of properties in foreclosure where the
rooted in shoring up the real estate market. The home value freefall
notice of default has been filed and the clock is ticking, along with
needs to cease, and jobs need to be created before consumer confi-
properties recently foreclosed on and sold at a trustee sale. Remem-
dence and spending can return.
ber, if a property is in foreclosure, it doesn’t mean it will go to sale.
The mortgage rate spike occurred for several reasons. First, toward
Homeowners may redeem their home by paying the amount in ar-
the end of May, Bill Gross, the “Warren Buffett of the bond world”
rears and thus cancel the foreclosure. As of this writing, the num-
who manages the PIMCO Total Return Bond Fund, came out and
ber of homes either in the process of or recently foreclosed upon in
stated the possibility exists that the United States could lose its
the South Bay looks like this: Manhattan Beach – 69, El Segundo
– 27, Hermosa Beach – 56, South Redondo Beach – 84, Palos AAA rating as a creditor by the rating agencies. Next, we got a few
Verdes, Rolling Hills – 53, Rancho Palos Verdes – 105, San Pedro flickers of positive economic news. Not good news—just econom-
– 384, Torrance – 624, Hawthorne – 513, Lawndale – 222, North ic data that disappointed less! But what really caused a mortgage
Redondo – 112, Lomita – 81, Harbor City – 161 and Gardena bond selloff and drove rates up is what some are calling “the Fed’s
– 605. As you can see, sellers are still weathering the storm. dilemma.”
On the national real estate scene, the Mortgage Bankers Associa- As we may recall, mortgage rates initially dropped at the end of
tion reports that during the first quarter of this year, 12 percent of last year. The Fed made the announcement that it was going to buy
all homeowners with a mortgage are behind in their payments. And mortgage-backed securities from Fannie Mae and Freddie Mac di-
half of those, or six percent, are borrowers with good credit and rectly, and committed $600 billion toward that end. Accordingly,
fixed rate mortgages! This tells us that job losses are wreaking havoc rates dropped from the 5.25-5.50 percent range to the 4.50-4.75
with the well qualified borrowers as well. This is in stark contrast to percent range virtually overnight. Because the Fed became a buy-
almost 46 percent of all subprime mortgages currently in default. er, it decreased supply and increased investor demand, ultimately
For buyers, however, and especially first-time buyers, you could pushing rates lower.
find yourself in the eye of the storm with blue skies and warm Now, however, the Fed is issuing record amounts of treasury
weather. The affordability index in the Western States has in- bonds to finance the corresponding record amount of spending.
creased 40 percent from a year ago and is at a 30-year high. This is That is creating a glut of supply, weakening demand from investors
due to a combination of falling prices and historically low mortgage and pushing rates up. So the Fed is buying mortgage bonds, try-
rates. If that doesn’t lift the gloom, there is a federal tax credit of up ing to push mortgage rates lower, with money borrowed from sell-

12 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 n d I ss u e 2 0 0 9
For buyers, however, and especially first-time buyers, you could find
yourself in the eye of the storm with blue skies and warm weather. The
affordability index in the Western States has increased 40 percent from a
year ago and is at a 30-year high.
ing treasuries causing rates to go up. This the previous lows to the mid-five percent here in the South Bay, they may have bot-
is kind of like that time the kitchen sink range currently. Many feel (and many more tomed out as well. The affordability index
was stopped up and you took the plunger hope) that the bond market sell-off was an is the best in decades. Generous tax credits
to the left side of the sink and pushed the overreaction and that it is just part of the are available for home buyers. FHA financ-
water down only to have it rise right back incredible volatility we continue to experi- ing allows buyers to purchase with as little
up on the right side! The Fed needs to find ence in the stock and bond markets on our as 3.5 percent down. Conventional financ-
a way to continue to pressure mortgage long journey back to economic recovery. ing requires just 10 percent down with loan
rates lower again until the economy truly And participation at the treasury auctions amounts up to $729,750. With 20 percent
finds a foothold and moves in earnest to- has been met with reasonably good partici-
down, there is financing available on loan
ward expanding again. Part of the trick will pation by foreign investment.
amounts up to $1 million; and from 25
be to convince foreign investors like Japan We don’t know how low rates will go as
percent down to $2 million.
and China to continue to buy our trea- a result of this rally. What we do know is
So if you’re a first-time home buyer or
suries, which will help mop up the excess that the economy may be finding a bottom
supply that is hitting the market. If foreign soon. Some feel the so-called “Great Reces- looking at making a move-up purchase,
demand wanes, it causes bigger supply and sion” may officially be over this year. But it your timing couldn’t be more perfect. You
less demand, forcing up rates to attract in- may take far longer for a new crop of jobs may find yourself one happy camper who
vestment dollars. to be cultivated. That’s what the average made hay while the sun shines!n
The good news as of this writing is that American really needs to see in order to de- Ken Roberts is a mortgage planner with
mortgage bonds are starting to rally again, clare the recession is history. over 30 years experience in the South Bay real
causing mortgage rates to improve. Rates Mortgage rates are good and improving estate market. Ken can be reached at (310)
had increased about one percent from again. Real estate prices have declined and 534-6200.

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With the Rest of the Economy?
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while keeping your current position, give us a call. Business Insider Magazine is seeking a part-
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or financial services industries, this opportunity could be ideal for your situation.

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2 n d I ss u e 2 0 0 9 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 1 3
G R E E N B I Z COV E R F E AT U R E

“We’re just in the beginning stages of getting the word out, so


ideally we want attract the types of clients who are like-minded
and are supportive of someone like us who also care about the
environment,” said Birkenfeld. “
Sabine Birkenfeld, Homestead Realty West

Continued from page  steps to achieve “a more green and sustainable community.” Major
Realtor Association now offers a two-day categories include energy conservation, solid waste reduction, com-
Green Designation Program—a two-day munity design standards, community environment, transportation,
course that teaches real estate profession- environmental health, water conservation and environmental coun-
als how to list and market green properties, cil.
while passing on vital information to their An Environmental Committee, appointed by the El Segundo City
clients about the latest green standards and Council last fall, has taken on a large workload of green items, in-
initiatives. cluding a green building ordinance. “We’re also working on creating
“It’s an ongoing process where you try to a green building resource center inside City Hall for residents and
Sabine Birkenfeld do better each month and each year in order developers to obtain literature on green building,” said El Segundo
to achieve a higher and higher percentage of Senior Administrative Analyst Lauren Mahakian, whose job in-
green activity,” said Birkenfeld. “You just have to make a concerted cludes handling all of the City’s environmental outreach. Speaking
effort to be conscientious.” of green building, the City hopes its new Fire Station 2 now under
construction will achieve LEED certification for environmental re-
Cities Lead the Way to Greener Pastures sponsibility. Additionally, El Segundo continues to look at ways to
In order to encourage businesses and residents to jump on the reduce greenhouse gases while also saving itself some money over
green bandwagon, city governments must lead by example. Several the long haul. Over the past year, it has installed LED traffic signals,
South Bay communities have developed environmental action plans replaced multiple office machines with all-in-one energy-conserving
and incentives to do just that. equipment, and picked up a couple of gas-efficient hybrid vehicles.
To engage the community, the City
Even before a recent spate of green activities, the City of El Segun- scheduled several eco-events this
do boasted a strong track record in environmental responsibility. El year, including a free composting
Segundo is among the top handful of cities in California in divert- workshop that took place in May,
ing solid waste to recycled products or other uses. Also, at least half a high-efficiency toilet giveaway on
of the water used in El Segundo is reclaimed, cleaned and recycled June 13 and a free gardening and
for use. That statistic leads the state. landscape workshop on June 27
On a related note, El Segundo recently garnered recognition for where residents learned how to cre-
its water conservation program from Southern California Edison ate ocean-friendly gardens using in-
as part of the latter’s annual Flex Your Power awards, and received digenous plants and water-efficient
grant monies from regional water agencies to launch banner pro- devices. Lauren Mahakian
grams spreading the message about reducing water use. On July 2, the City hostsed its sec-
ond annual Environmental Expo. More than 1,000 people attended
Meanwhile last year, El Segundo became the first South Bay com- the inaugural event last year that featured a variety of green and
munity to become part of the globally acclaimed “Re-Use-It” net- conservation-related vendors. “This year, we had electric bikes and
work—an online forum where citizens can ensure their unwanted vehicles, eco-friendly racing cars, electronic waste recycling drop-
stuff doesn’t end up in a landfill, but instead gets into the hands of off, and (Assemblymember) Ted Lieu available to answer questions
those who truly need those items. about state legislative efforts regarding water conservation.” Maha-
El Segundo adopted its own environmental action plan in January kian said women could also donate their unwanted business attire
2008 containing more than two dozen priority items to consider as to the non-profit organization Working Wardrobes, which helps

14 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 n d I ss u e 2 0 0 9
“It’s a great opportunity for the City to look at what policies to
implement to help the environment, and what we can do in the
future. The programs span across all departments of the City,
including public works, parks and recreation and community
development. There’s much to be done, but everyone is very
knowledgeable and committed to making it happen.”
Sona Kalapura, City of Manhattan Beach

women in difficult financial shape or those who have endured other leased its comprehensive Green Report
life crises to build confidence to enter the workforce. “This is a won- that, among other things, outlined a com-
derful cause that helps both the environment and women in need,” mitment to develop a Climate Action
said Mahakian. Plan (CAP) to reduce local greenhouse
In September, El Segundo hosts the second annual South Bay En- gases and carbon dioxide emissions to
vironmental Excellence Development (SEED) awards event honor- at least seven percent below 1990 levels
ing groups and businesses that have exhibited top-rate performance by the year 2012. The 19-member Envi-
in environmental sustainability and targeting areas such as alter- ronmental Task Force (appointed by the
native energy, energy efficiency, environmental education and out- Manhattan Beach City Council last sum-
reach, green building, and more. mer to make recommendations on cur-
And finally, a series of free green workshops is set to kick off this rent green policies and future improve- Sona Kalapura
fall. “This will provide perspective from both sides of the planning ments) and Environmental Programs
counter to educate residents, architects, builders and developers Manager Sona Kalapura oversee the CAP’s development. The City
also created an interdepartmental Green Team to identify current
about various green topics,” said Mahakian.
“green” practices, and set the climate protection goal. The tight time-
While such programs and events won’t solve the world’s environ-
frame means the group has its work cut out for it.
mental problems, every little bit helps. “If each individual commu-
“When the City released the Green Report, it included an assess-
nity does its part, we can make a difference,” said Mahakian.
ment comparing 1990 levels to 2005,” explained Kalapura, whose
While Manhattan Beach garnered widespread media attention
position was created last summer. “Based on those numbers, we’ll
last year when its City Council passed an ordinance banning plastic
have to reduce our carbon footprint 20 percent from 2005 levels
bags, that move was just one component of an overall commitment alone.” Though the City has already taken such measures as using
to environmental responsibility that began to truly take shape in LED energy-efficient lighting and turning off computers after the
2007.
In November of that year, the City of the Manhattan Beach re- Continued on page 26

“We’re also working on creating a green building


resource center inside City Hall for residents and
developers to obtain literature on green building.”
Lauren Mahakian, City of El Segundo

2 n d I ss u e 2 0 0 9 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 1 5
PUBLISHER’S PERSPECTIVE

The Empire With


the Invisible Throne

By David Whitehead

T
he United States has a schizophrenic nature when it comes the actual dynamics of its empire and how it affects the rest of the
to the word “empire.” This nation spent the first half of its world. I think this explains many of the moral contradictions that
existence defending itself against imperial domination. Then divide this nation politically. It also places us in a very dangerous
it spent the second half building an empire of its own. As a result, position. Dangerous because of the empire’s long-term implications
Americans are not comfortable hearing their nation characterized and more so because its existence is virtually ignored by most of the
as an empire. Most prefer to think of their nation as a republic that American people.
occasionally issues imperial directives to defend its interests. When
pontificating fails to persuade, the empire enforces global economic Whose Throne is It Anyway?
power through a curious combination of economic and conven- The invisible empire took its current form in the early seventies.
tional warfare. The Nixon administration, under the orchestration of long-time
America was drafted into the imperial club by the old empires Rockefeller family colleague Henry Kissinger, re-invented what ap-
of Europe when their taste for imperial adventure was soured by peared to be a collapsing U.S. economy. America became the spear-
two devastating world wars. A bankrupt United Kingdom had no head for the emerging global economic order.
choice but to relinquish its imperial role to the United States. The During this period, most nations transitioned from self-sufficient
Bretton Woods agreement was the formal acknowledgment of this to interdependent. Economies that once depended on their own
power shift. sinew to leverage their resources while defending their sovereignty
The new imperial throne is invisible. There are no formally ac- through balanced trade succumbed to a system that made them de-
knowledged vassal states, although subordinate powers are expect- pendent upon one another.
ed to know who they are and act accordingly. And like all others Arcane monetary policy was key to the emerging order. It’s one
that came before, America’s empire is destined to bankrupt itself if thing to have global reserve currencies backed by the wealth and
it holds to this course. Only the shadowy financial empires, which economic output of a sovereign nation to help stabilize the global
control capital that builds and destroys political empires, are in a economy. It’s quite another to create internationalized currencies
position to capitalize most of the time. like the Euro representing unions of less-than-sovereign nation
The founding fathers sought to avoid this fate for our nation and states. And should the shifting paradigm lead to the further inter-
fought hard to keep old world imperial structures out of the Ameri- nationalization of central banks to restore order to the global fi-
cas. However, the Monroe Doctrine proved a complete failure as this nancial system, a dollar that is genuinely sovereign may no longer
nation succumbed to the seduction of grandeur driven by treachery be possible.
from dark corners in the financial world. We incorporated our new To put the financial crisis facing the U.S. in perspective, Richard
imperial position into our emerging nationalism. In the most con- C. Cook, a former analyst for the U.S. government and frequent
voluted way, America professed its republican values while denying contributor to the website GlobalResearch.ca, recently juxtiposed

16 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 n d I ss u e 2 0 0 9
some shocking statistics regarding the impact of the nation’s aggre- Because the Federal Reserve is owned by private investors and
gate debt: operates for profit, conflicts of interest develop at many levels that
“During fiscal year 2009, the U.S. Treasury is on track to pay over favor ultra-wealthy financial speculators and ultimately do great
$500 billion just in interest payments to finance the already-exist- harm to the American people they are entrusted to serve. And as
ing debt. New debt this year will likely exceed a trillion dollars. The the issuer of the world’s key reserve currency, foreign investment
total debt burden on the economy as a whole could reach $70 tril- frees the Fed from keeping the money supply closely tied to the
lion by 2010, with annual interest payments for individuals, house- nation’s real productive output. Instead, they leverage the wealth
holds, businesses, and all levels of government likely to reach $3 of nations who must hold dollar reserves to function in the global
trillion out of a $14 trillion GDP that is now in sharp decline.” marketplace. This allows the Fed to expand the money supply to
First, the $500 billion in interest payments just on the existing irrational levels while incurring mounting debt along the way. De-
debt cancels out a good chuck of the $787 billion stimulus, which veloping nations in turn play their currencies off those of the con-
by the way will accrue its own compounding interest down the sumer nations in the West. This radically altered the way many of
road. The trade deficit, which peaked at over $750 billion in 2006, us earn our livings today.
has dropped markedly due to the decline in demand for consumer The process the Fed uses to create money via the nation’s banking
goods. However, the U.S. has not reported a positive balance of system also creates interest, as does the leveraging of foreign invest-
trade since 1975! The reported federal deficit reached above the ment. The debt gets packaged and repackaged again in countless
$10 trillion mark this past year and will undoubtedly rise more as ways that make it questionable whether it can ever be repaid. The
the war in Afghanistan escalates. However, according to Cook, the process used to get currency into the market is more of a lending
combined obligations of the nation are approaching $70 trillion. process than a reflection of the nation’s actual wealth. Whoever
This is $5 trillion more than the planet’s annual productive output thought it was a good idea to package the debt of people and insti-
of $65 trillion! That’s why economists with the courage to acknowl- tutions operating in this kind of environment as investment instru-
edge the math are getting apocalyptic with their forecasts. ments to be sold back to many of these same indebted consumeroids
was either not paying attention or deliberately creating a massive
The Dawn of Radical Intervention Ponzi scheme.
The last time the central bank forced the economy to make a radi- In the wake of 9/11, most people barely noticed when the Federal
cal correction on its own, it caused The Great Depression. You could Reserve bottomed out interest rates. This occurred right after the
say The New Deal was the first radical intervention to alleviate this dotcom crash at a point when the economy was due for a correc-
kind of calamity. But few questioned how radical it was in 1971 tion. Instead of letting some overdue austerity set things right, the
when the U.S. went off the gold standard while the dollar remained economy was flooded with easy cash. People in a position to capital-
the world’s reserve currency. I personally had to do a great deal of ize speculated their way to the good life.
reading to understand why this was a dangerous position for the This is the system of the last 38 years reaching its apex and it is run-
U.S. economy. To be fair, I would have to say many financial experts ning out of steam fast. The current bailout strategy is more about
at the time would have had difficulty knowing why this was danger- repackaging and expanding debt to astronomical levels, which won’t
create real prosperity. The system must change and change soon.
ous themselves without the benefit of hindsight. The financial com-
But to what?
munity pushed the limits of abuse far beyond what any reasonable
person could have imagined 38 years ago.
Putting Humpty Together Again
Economies can function off the gold standard if the agency en-
First I will address what we can’t do, which is business as usual. If
trusted to issue currency ensures money supply has a rational rela-
we let the dollar implode, the American people will not be in a posi-
tionship with GDP. Currency should be issued in quantities neces-
tion to regain control of our money supply and ultimately our des-
sary to facilitate commerce while retaining a stable value that also
facilitates beneficial trade free of mounting deficits. Continued on page 24

... should the shifting paradigm lead to the further internationalization


of central banks to restore order to the global financial system, a dollar
that is genuinely sovereign may no longer be possible.

2 n d I ss u e 2 0 0 9 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 1 7
PUBLISHER’S PERSPECTIVE

The Financial Crisis:


Finding the Bottom
By David Whitehead

“The recession is over!” rified to let the economy find the bottom on its own. Hence the
So proclaimed our perpetually upbeat sales manager as he saun- unprecedented waves of multi-billion dollar bailouts and stimulus
tered into an early morning meeting in the spring of 1994. The au- packages created out of thin air.
thority he relied on to substantiate this dubious claim was an overly If “bottom” is supposed to mean the lowest point the economy can
optimistic news report. His dutiful employees, including myself, fall, then what we are looking for is not really a bottom at all. It’s a
didn’t quite know what to make of this. We were still encounter- low point in a continuous cycle that has had many low points. But
ing enormous resistance while good customers continued to call on it certainly is not the lowest point attainable. That means it is not
us to advertise their “going out of business” sales. This depressing inconceivable for the aggregate burden of debt to create the kind of
stream of new business predicated on helping long-time companies “bottom” that is really a precipice for a greater fall. Could this be
liquidate their inventories in short order continued for some time. the bottom tantamount to Wall Street’s greatest nightmare? If the
In fact, the national recession was officially over by the time Bill economy ends up where it appears to be going, the answer is a re-
Clinton entered the White House in 1992. However, defense cut- sounding “yes.” However, the same maestros of finance who brought
backs following the 1991 Gulf War kept the pain lingering in the us to this point have shown remarkable creativity in developing new
South Bay for several years. Most businesses didn’t see real prosper- economic models flashy enough to perpetuate lucrative business cy-
ity take off again until 1997 when the dotcoms and a newly revital- cles for decades. The current model is undoubtedly reaching its end.
ized real estate market moved things up again. We had to wait for So what could they do to save us from our impending oblivion? It
the recession to end and look back at the historical data to know certainly can’t be another stimulus that can never be supported by
where the bottom that mattered actually was. And I expect we will our economy. Or can it?
have to do that again in a few years when things settle down. Per-
Spring Blooms Uncertainty and Special Drawing Rights
haps asking, “When will we find the bottom?” is the wrong ques-
The only thing that bloomed this spring was more uncertainty.
tion. Instead we should ask, “What is the bottom?”
The first quarter of 2009 saw multi-billion dollar bailouts, reversals
The “bottom” in an economic downturn is the point when enough
of fortune for global manufacturers and desperate anticipation for
money has been eliminated from the economy from interest paid
this economic crisis to find its “bottom.”
on current and previous debts for the maestros of finance to orches-
However, consumer confidence soared in May as the Obama ad-
trate another money bubble to move things up again. That’s what
ministration’s $787 billion stimulus packages started to take hold—
the dotcom and real estate booms were really all about. And not at least in people’s minds. An industry group called The Conference
surprisingly, both of these booms crashed as quickly as they rose. Board told Reuters in late May that its index of consumer attitudes
What’s different this time is the economy has become so bloated jumped to 54.9 in May, up from a revised 40.8 in April. This is well
with debt that government officials and central bankers are hor- above earlier forecasts centered around 42.0. This represented the
biggest one-month jump since April 2003, attributed to belief at
The modern U.S. economy relies on the time that the Iraq war was coming to a rapid conclusion. How-
ever, does this mean a genuine recovery is in progress?
foreign investment to provide the cash Death and taxes are not the only things in life that are certain.
necessary to run the financial and service We forget about interest due on the money we create through bor-
rowing at the central banking level. That means the $787 billion
sectors where most Americans earn stimulus is certain to lead to an even deeper bottom to be averted
by, well, another multi-billion or perhaps trillion dollar stimulus the
their living. ..The next four decades will economy could never hope to support. This is a bad habit we just
can’t seem to break.
require something entirely different that Does this mean the financial judgment day is close at hand? Can
probably won’t involve our precious we expect to see Seven Horsemen from the Bank for International
Settlements appear to reveal our final dispensation? The best finan-
“dead presidents.” cial experts cannot agree on this point. However, it would behoove
us to examine some alarming events that have recently taken place.

18 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 n d I ss u e 2 0 0 9
Special Drawing Rights Paint Bleak Picture for the Dollar misconception that China has accrued most of America’s wealth.
The G20 nations recently authorized the International Monetary The reality is that it is addicted to our currency to keep its own
Fund, the post-war global banking house run by Europeans, to in- economy from collapsing, and it does hold most of our foreign debt,
ject $250 billion into the global economy using an obscure mecha- which may never be repaid.
nism called “Special Drawing Rights.” SDRs bypass the leading Remember, China created an enormous monster it needs to feed
reserve currency to instead issue funds based on a basket of major with a currency much stronger than its own. If dollar dope won’t
world currencies. This relic of the post-war Bretton Woods agree- cut it anymore, China will turn to the financial pushers in Europe
ment is a tool that has “lain dormant for half a century.” willing to service its habit. If this sounds like the 18th Century opi-
In effect, SDRs create a super global currency to help relieve the um trade reemerging in another form, you’re not far off.
financial crisis. But wait a minute; don’t we already have a super And don’t forget, this is the same monster that produces just about
global currency? Well since the end of World War II at least, we did.
everything we use while Chinese workers earn less than a dollar
It was called the U.S. dollar. Before that, it was the British pound.
an hour in our money for their efforts. In some ways, the Asian
And as long as the dollar keeps its official designation as the world’s
economies are worse off than we are. But the imbalances are more
key reserve currency, it technically is the global currency of choice
to blame than policies of any particular nation state that is trying to
for international settlements. In fact, despite the dollar’s rapid de-
cope with the situation.
cline, 64.5 percent of international settlements are still transacted
Could SDRs signal the demise of the U.S. dollar? This of course
in dollars.
However, SDRs are a serious challenge to the status quo because depends on how and to what extent they are used. However, it is
they decrease global investment in U.S. dollars. This is not a ho- generally agreed the dollar can’t retain its value if foreign investment
hum financial detail. It could be catastrophic for the nation’s econ- flees on a large scale. And the Achilles Heel of foreign investment is
omy if the dollar loses its special status. The modern U.S. economy debt. That’s why the ability of central bankers and the US Treasury
relies on foreign investment to provide the cash necessary to run to deliver bailouts to deal with the financial crisis won’t address the
the financial and service sectors where most Americans earn their underlying reasons why the financial system continues to collapse.
living. The last 38 years of deindustrialization made running the The world’s nations cannot go on indefinitely investing in a cur-
economy on foreign debt business as usual for the United States. rency so heavily laden with debt that it is no longer a sound invest-
The next four decades will require something entirely different that ment by any practical economic standard. The paradigm is shifting
probably won’t involve our precious “dead presidents.” because it must. But what form will the new global economy take?
China has been pushing hard for SDRs to assist it in dealing with Read the column: “The Empire With the Invisible Throne” (page
its “dollar glut” created by the massive imbalance in foreign trade. 16) for a deeper perspective.”n
That means it would no longer be obliged to reinvest these excess David Whitehead is the Publisher of Business Insider Magazine. He
dollars back into the U.S. economy. I know many people have the can be reached by email at Publisher@BusinessInsider.us.

2 n d I ss u e 2 0 0 9 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 1 9
I N CO R P O R AT I O N I N S I D E R

To Incorporate or Not to Incorporate?

Protect Yourself and Your Business


By Selecting the Right “Entity”
By DeAnn Flores Chase, Attorney at Law

I
f you are thinking about starting a busi- torney and your tax advisor. Business entities include:
ness, no doubt you have pondered the
question, “Do I need to form a business General Corporation (“C-Corp” or “S-Corp”): If properly
entity?” The answer is a resounding, “Yes!” formed and maintained, a corporation provides protection from
Unfortunately, we live in a very litigious personal liability for the debts and obligations of the corporation
society. Statistics tell us that an estimated for its officers, directors and shareholders.
50,000 lawsuits are filed daily in the U.S., “C” Corporation: A traditional “C” corporation involves the is-
with nearly 1.4 million filed in the State of
sue of “double taxation.” The corporation is taxed on its income at
California annually. You should take steps to protect your wealth
the corporate level, and its shareholders are taxed on distributions
before you ever get served with a lawsuit against your business. A
of income in the form of dividends on their personal income tax.
business entity provides personal liability protection from the debts
In order to maintain a corporation, corporate formalities must be
and obligations of the business because it has its own legal identity
maintained, such as annual meetings and the keeping of minutes.
separate and apart from its officers, directors, shareholders, manag-
A “C” corporation has some tax benefits, such as deductibility of
ers or members – even if the entity consists of only one person. If
health insurance premiums.
you are sued based upon an occurrence arising during your business
operations, a properly formed and maintained business entity can “S” Corporation: A corporation that has made an election to be an
limit exposure to a judgment solely to the assets of the business-- “S” corporation for federal income tax purposes is treated as a sole
and not your family. proprietor or partnership for tax purposes, known as “pass through”
It is imperative to form a business entity before you sign a lease, taxation; thereby, avoiding “double taxation.” “S” corporations have
contract, franchise agreement, or otherwise start to do business. many limitations in their structure, such as limits on the number of
Once the entity is properly formed, every agreement must be signed shareholders, citizenship requirements for shareholders, and issu-
in the name of your business entity. Forming a business entity be- ance of only one class of stock.
fore you start conducting business can not only provide personal
liability protection, but can also allow your entity to develop cor- Limited Liability Company (LLC): As with a corporation, a lim-
porate credit. ited liability company (LLC) provides personal liability protection
Many business owners defer the formation of a business entity for the debts and obligations of the business. LLCs also have “pass
until after they have done business for some time. By that time, through” taxation where the income and losses pass through to the
however, they have incurred start-up costs and debt that will unfor- individual members’ tax returns. An LLC may elect to be taxed as
tunately be reflected on the individual owner’s personal credit. At a corporation. It can be managed by all of the members or can have
that point, it is not possible to simply “roll over” the individual debt centralized management in one or more of the members, known as
to a “limited liability” company. And it is quite difficult to unravel “managers.” If properly formed, an LLC does not need to maintain
the business assets and obligations from the personal ones. Waiting corporate formalities, such as holding meetings and keeping min-
to form the entity until after you have been in business for a year or utes.
more means that you must in essence “start over” when forming the In California, an LLC may not render professional services, which
entity at a later point. include services lawfully rendered only pursuant to a license, certi-
Now that we’ve established that it’s best to protect your personal fication or registration under the Business and Professions Code,
and family assets and build credit, the next step is to determine the Chiropractic Act, the Osteopathic Act or the Yacht and Ship
which type of business entity is right for you. Whether you are go- Brokers Act. However, the California Attorney General has opined
ing it alone or with another person, the choice of a proper business that such services do not include services rendered pursuant to a
entity should be made in close consultation with a business law at- nonprofessional occupational license under the Business and Pro-

20 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 n d I ss u e 2 0 0 9
fessions Code. Notably, neither the Contractor’s State Licensing mation, but proper maintenance to provide the personal liability
Board nor the Department of Real Estate will issue a corporate protection provided by law. Failure to do so will allow a creditor to
license to an LLC. “pierce” the veil of liability protection in order to collect against the
personal assets of the individual owners of the entity.
Professional Corporation: A professional corporation is ap- In recent years, many companies have come into the marketplace
propriate for medical and therapeutic practices, accounting and telling you that you do not need a lawyer to form a business entity,
finance, and legal professions. The requirements for professional make a contract, or get a trademark. But the truth of the matter is
corporations vary according to the governing body regulating the that the money you “save” by doing it yourself can cost you thou-
practice of a particular profession. Some professions require cor- sands more dollars in the future. Why take the risk?n
porate registration with the governing body; others do not. Many DeAnn Flores Chase has spent the last 12 years counseling and de-
professional corporations are limited with respect to who can be of- fending individuals and businesses of all sizes. She has successfully de-
ficers, directors or shareholders in the corporation. Careful analysis fended her business clients against a broad range of claims, including
is necessary to ensure that a professional corporation complies with contract and lease disputes, trademark and copyright infringement, and
the requirements for its particular profession. catastrophic injury and wrongful death claims. Ms. Chase’s focus on
And now a word or two about DBAs. DBA stands for “Do- liability protection comes from the successful handling of all aspects of
ing Business As.” A DBA is formed by filing a Fictitious Business litigation for individuals and businesses of all sizes. To obtain a FREE
Name (FBN) statement with your clerk in the county (or counties) copy of Ms. Chase’s report on “The Four Common Mistakes Business
where business transactions will occur. A DBA is not a business Owners Make,” visit her website www.sbblmb.com and enter the promo
entity, and provides absolutely no personal liability protection for code, “BIM.” DeAnn Flores Chase A Law Corporation – South Bay
the individual or individuals conducting business. After a business Business Lawyers 310-546-8111. Email: deann@dfclawcorpcom.
entity is formed, it may be appropriate to file an FBN for the en-
tity if it is anticipated that the business entity will transact business
under a fictitious name that differs from the name reflected on its
A business entity provides
registration documents.
What else is NOT a business entity?
personal liability protection
Sole Proprietorship: A sole proprietorship is one person alone.
He or she will have unlimited liability for all debts of the business,
and the income or loss from the business will be reported on his from the debts and obligations
or her personal income tax return along with all other income and
expense he or she normally reports. A sole proprietor often does
business under a fictitious business name as a “DBA.”
of the business because it has its
General Partnership: In a general partnership, each of the two
or more partners will have unlimited liability for the debts of the
business. The income and expense is reported on a separate return own legal identity separate and
for tax purposes, but each partner then reports his or her pro rata
share of the profit or loss from the business as one line on his or her
personal tax return. apart from its officers, directors,
Limited Partnership: With a limited partnership, each of the
general partners has unlimited liability for the debts of the partner-
ship, but the limited partner’s exposure to the debts of the partner-
shareholders, managers or
ship is limited to the contribution each has made to the partnership.
However, a limited partner may be deemed a general partner if it
determined that he or she actively participated in the management members – even if the entity
of the entity; and therefore, he or she may then have the same un-
limited liability for the debts of the partnership.
Ultimately, liability protection depends not only upon proper for- consists of only one person.
2 n d I ss u e 2 0 0 9 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 1
CALENDAR OF BUSINESS EVENTS

Save The Date!


Manhattan Beach Chamber of Commerce Admission is $5 for chamber members or $10 for
For more information about the events listed, call 310- guests (includes 1 drink ticket).
545-5313 or go to www.ManhattanBeachChamber.net.
Wednesday, August 26, 2009
Mixers: Redondo Beach Chamber of Commerce Regional
Mixer
Wednesday, July 15, 2009 Seaside Lagoon
14th Annual Joint Manhattan Beach, Redondo Beach 200 Portofino Way, Redondo Beach.
and El Segundo Mixer in the Park
Chevron Employees Park 5:30-7:00 p.m., El Segundo Network Café
Blvd. just west of Sepulveda. Enjoy a great lunch and learn about Redondo Beach
Admission $5 Non-Members Chamber members and their businesses while promoting
your own. Each person will get to present a 30-second
Palos Verdes Peninsula Chamber of Commerce commercial in front of the whole group. Advanced
For more information about the events listed, call 310- reservations are required and will save you $5. Members
377-8111 or go to www.PalosVerdesChamber.com with reservations are $20 and guests and members without
a reservation are $25. Network Café is held 11:30 a.m.-
Breakfast Mixer: 1:30 p.m. on the dates listed.

All Breakfast Mixers take place 7:15-9 a.m. on the first Thursday, September 10, 2009
Wednesday of the month. Cost: $15 if RSVP is made; Network Café - Ruby’s Diner
$18 without an RSVP or for guests. Full breakfast is 245 Harbor Dr., Redondo Beach.
served.
Thursday, July 09, 2009
Wednesday, August 5, 2009 Buca di Beppo
Belmont Village 1670 S. Pacific Coast Hwy., Redondo Beach.
5701 Crestridge Road, Rancho Palos Verdes.
Local Professionals Invited to Networking Meeting
Redondo Beach Chamber of Commerce and Visitors Local business professionals are invited to a meeting for
Bureau a local chapter of Leads Club, a national networking
For more information about the events listed, call 310- organization. The luncheon meetings are held every
376-6911 or go to www.RedondoChamber.org Tuesday from noon to 1:30 p.m. in the Riviera
Village, Redondo Beach. To learn more, visit: www.
Mixers: rivieraleadsclub.com. For reservations call: Carlene
Delight: 310 259-0488 or Jerry Bottomley: 310 890-
All mixers are held 5:30-7:30 p.m. on the dates listed. 8195.n

22 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 n d I ss u e 2 0 0 9
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2 n d I ss u e 2 0 0 9 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 3
PUBLISHER’S PERSPECTIVE

Continued from page 17 tonomy of their nation will be ridiculed and discredited. But don’t
tiny. However, globalization advocates care more about the destiny believe there are no viable options available and don’t let the media
of the global economy than the national interests of any particular spin (which I expect to be brilliant wordplay at its finest) shut you
nation state. This is important to note because whether it happens down from analyzing this. There is simply too much at stake to let
after the current stimulus strategy burns out or a few years from our initial fears dull our sensibilities to the that point we passively
now—depending how long it takes for the system to completely hand our country over to the global financial system and whoever it
fail—expect people in high places to propose an internationally is that actually runs it.
controlled central banking system, ostensibly to restore stability. Allowing globalism to flourish unchecked is not free market capi-
For the United States, that will probably mean something like the talism. This is what the late Georgetown University historian Car-
proposed North American Union, but they could try to disguise roll Quigley described as “monopoly capitalism.” The 1890 Sher-
this by linking existing central banks and letting individual nations man Antitrust Act, which has been curiously marginalized in re-
keep their currencies, at least in name. cent years, was implemented to prevent this sort of thing so markets
This is inevitable because most nations of this world issue cur- remain truly free for diverse entrepreneurial activity. It’s ironic to
rency from privately-owned for-profit central banks based on the note that monopoly capitalism has more in common with commu-
1694 Bank of England model, which, operating as separate entities, nism than genuine free market capitalism. In fact, laissez faire capi-
are designed to provide a money supply for self-sufficient nation talists abhor free markets for all but themselves. If you study the
states—not the interdependent unions of nations we have become. history of global financial power, it reveals the most elite among the
The U.S Federal Reserve is actually a privately-owned bank that world’s financiers don’t care whether capital is concentrated publicly
lends money to the government at interest. It has little or no ac- or privately so long as it is in a position where they can control it.
countability to anyone except its own private investors who transact “Permit me to issue and control the money of the nation and I care
most of their business secretly away from public scrutiny. Imagine not who makes its laws,” is a frequently referred to quote made in
an internationalized central bank empowered to do the same thing the 18th Century by M.A. Rothschild, founder of the famous Euro-
for the entire world. The potential for abuse would be enormous, pean banking dynasty.
and if we find ourselves under its heels, there would be no way to
escape it. Politics and Money
We can’t go on forever allowing deficits to mount exponentially, In the left/right political debate, we waste a great deal of time
creating boom/bust economic cycles that have grown so ferocious arguing about matters of functional irrelevance while the “hidden
they are now tearing the nations of this world apart. “The [central] hand” is content to pick our pockets from either side. World Bank
bankers are on the run, feverishly trying to use the collapse of the Group President Robert Zoellick recently stated in a speech he
current system to steer us toward an ‘Amero’-style North American gave addressing the global financial crisis before the recent G-20
currency, or a one-world private banking system and privately-is- summit in London that major international banking institutions
sued global currency that they and only they control,” Ellen Brown, need more power to monitor national policies. “If leaders are se-
J.D., author of the book Web of Debt, recently stated in a letter to rious about creating new global responsibilities or governance, let
President Barak Obama calling for a return to Lincoln’s monetary them start by modernizing multilateralism to empower the World
policy of issuing currency interest-free from a U.S. Treasury that is Trade Organization, the IMF, and the World Bank Group to moni-
not controlled by Wall Street. “We the people will not accept those tor national policies,” Zoellick said. “Bringing sunlight to national
solutions, however, no matter how bad things get. We demand real decision-making would contribute to transparency, accountability,
solutions that empower us, not further enslave us.” and consistency across national policies.”
I would expect further internationalization of the central banking I’m all for transparency, but here’s the problem I have with this
system to be laid out as the only possible solution in the midst of an statement, which mirrors countless statements echoed relentlessly
enormous crisis while anyone bold enough to stand up for the au- in the international financial community: It is impossible to cre-

We don’t want central banks issuing currency for profit any more than we
want the military starting wars for profit. Fiat Money is an
instrument of law, and we get on dicey ground when we empower a
privately-owned institution to originate law from which it profits.

24 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 n d I ss u e 2 0 0 9
ate meaningful “global governance” without
marginalizing national sovereignty in the Continued from page 11
stated areas of jurisdiction. And what area torney will spend one or two hours preparing for every hour actually in the court-
of jurisdiction is more important to nation- room. This includes writing briefs and evidence motions, preparing exhibits, and
al sovereignty than domestic banking and reviewing testimony and discovery.
monetary policy? The United Nations in Trial usually begins with a conference with the judge over procedural details.
its current form is “global government lite” Next are arguments on “motions in limine” – these are vital, as they determine what
compared to what Zoellick just described. evidence the jury can and cannot see. Sometimes the case is won or lost on these
What Zoellick calls for is global govern- motions.
ment jurisdictions centered on banking Jury selection is next. The judge and both attorneys question the potential jurors
and monetary policy with real authorita- and try to strike from the panel those they feel will be unfavorable. Once a jury
tive power. In this world, whoever controls (usually of 12) is selected, the lawyers give their opening arguments, plaintiff first.
money ultimately controls everything else. The plaintiff must prove his claims “by a preponderance of the evidence” by show-
ing that his claims are more likely than not true. The plaintiff puts witnesses up
That’s why these folks don’t need to micro-
first, and the defense then gets to cross-examine them. When the plaintiff “rests,”
manage everything to influence the outcome
the defendant presents his case. After the defense “rests,” the plaintiff gets a short
of just about every decision we make. They
chance to put on rebuttal evidence.
know this well and they rely on the fact The lawyers then argue the case to the jury, and then the jury deliberates. The
most of us are unaware of their agenda and court will “instruct” the jury--that is, read largely pre-written explanations of the
tactics. The only way for citizens at large to key issues of law applicable to the case. The jury’s verdict requires a 9-3 or better
protect themselves and their nations from vote on each issue.
this closely guarded insider power is to The winning party will then have a judgment in her favor. Note that having a judg-
keep their nations sovereign and to make ment against someone is not the same as collecting a judgment from someone. If the
their governments truly accountable to the judgment debtor has no assets, there is nothing to collect. If the judgment is against
people—something they have not been for
Continued on page 29
a very long time.
It’s as crucial for governments operating
Business litigation is a long, complex process that
by the consent of the people to keep their
monetary system under their control just takes considerable time and money. The key is to
as they would control the military. We
don’t want central banks issuing currency think about your business goals and resources at
for profit any more than we want the mili-
tary starting wars for profit. Fiat money is every step in the process, and to work with a legal
an instrument of law, and we get on dicey
ground when we empower a privately- professional who understands your needs.
owned institution to originate law from
which it profits.
This means the agency entrusted to issue
currency should be a genuine government
agency and no secondary layers of interest
or debt should be tied to the money supply
itself. This would ultimately be better for
honest chartered banks, the business com-
munity and citizens at large. And if we do
this, the rest of the world will stop rolling
their eyes when we espouse our republican
values with each imperial directive. n
David Whitehead is the Publisher of Busi-
ness Insider Magazine. He can be reached by
email at Publisher@BusinessInsider.us.

2 n d I ss u e 2 0 0 9 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 5
G R E E N B I Z COV E R F E AT U R E

“South Bay businesses and residents are encouraged to learn about


water conservation programs, both indoor and smart landscaping
outdoors.”
Marilyn Lyon, SBESC Program Manager

Continued from page 15 The task force holds public meetings on a monthly basis and
workday is over, it is continually in the process of reviewing any and makes recommendations to the Council on areas dealing with car-
all potential eco-friendly changes. Besides judging the environmen- bon emissions reductions, solid waste and recycling, green building
tal benefits of a given decision, short- and long-term cost-effective- and water conservation.
ness must also balance out the equation. “It’s a great opportunity for the City to look at what policies to
Kalapura detailed a list of Manhattan Beach’s key green accom- implement to help the environment, and what we can do in the
plishments and programs, which include permit fee waivers for so- future” Kalapura said. “The programs span across all departments
lar panel installation, purchase of hybrid cars for public safety and a of the City, including public works, parks and recreation and com-
CNG Dial-a-Ride vehicle, installation of drought tolerant planters munity development. There’s much to be done, but everyone is very
along downtown as well as recycling containers along the Strand knowledgeable and committed to making it happen.”
and city parks, green workshops for seniors, and an extensive en-
ergy audit and water rate study. South Bay Environmental Service Center:
New programs include battery recycling, unwanted medication The One-Stop Shop for Eco Info
drop-off, and Sharps (needles, syringes, lancets, etc.) material dis- While individual cities and businesses have taken it upon them-
posal. The City also holds a number of green events during the year, selves to carry out their own green initiatives, others need a little
most recently a Reusable Bag Day, Solar Homes Tour, and Earth direction. Thankfully, help is out there. Describing itself as the
Day celebration. “South Bay’s local clearinghouse for energy efficiency, water con-
Meanwhile, a dedicated “Going Green” page on the City’s website servation and environmental information,” the South Bay Environ-
updates citizens about ongoing and upcoming environmental pro- mental Services Center (SBESC) assists public agencies (including
grams, events and initiatives. cities and school districts), businesses, commercial property owners
Outreach is a vital aspect of Kalapura’s job. In addition to over- and residents of all ages in the quest to go green. According to its
seeing the CAP, Kalapura also serves as a point person for public mission statement, SBESC exists to “significantly increase the avail-
education on green issues and liaison to the Environmental Task ability of information and resources to the people in the South Bay
Force. “It was important for the Council to involve the community region to help them save water, energy, money and environment.”
to make Manhattan Beach the greenest city it could be,” she said. Through partnerships with the South Bay Cities Council of
“The backgrounds and expertise of the people on the Task Force are Governments, The Gas Company, Southern California Edison,
very impressive, so we’re very glad to tap into our local talent pool.” West Basin Municipal Water District, the City of Torrance , and

HOMESTEAD REALTY WEST


838 Manhattan Beach Blvd., Manhattan Beach 310.376.9464
The First Green Real Estate Office with the Official Designation, always striving to
make a difference in our community, our country, our world. Helping families find
homes and going green makes sense. We work for you and our environment. When
you work with us, we can make a difference together.

Come See our FIRST OF ITS KIND in Manhattan Beach, “Live Green Roof ”
Energy Efficient Townhomes located at 1106-1110 John Street.

Sabine Birkenfeld 310.529.4515 • Jackie Flaherty 310.936.3325 • Dana Graner 310.227.7032


Sheila Ennis • Marlene Ellwood • George Navarro • Charles Weaver 310.545.5603

26 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 n d I ss u e 2 0 0 9
Graduate Courses

the Sanitation
Districts of Los www.webster.edu/laafb
Angeles County Need to retrain or finish a 4-year degree? Check out our undergraduate programs.
, SBESC spon-
sors ongoing Webster University—Los Angeles Air Force Base
free workshops, Phone: 310-607-8005
seminars and 483 N. Aviation Blvd., Bldg. 272, RM C2302, El Segundo, CA 90245-1256
outreach speak- reaL-KNoWLedGe For reaL-WorLd suCCess®
ing
agents eventsme if I had anything to
asking
geared to resi- was so
sell since there much Lyon
Marilyn demand
dents and busi-
ness owners to help them establish “best-
green practices.” The agency also provides-
When the Economy Gets Tough
a wealth of valuable information (both on--
line and
ural at its Lawndale-based
waterfalls, ponds, and offices)
high-end on
Your Legal Problems Get Tougher
everything from utility rebate
irrigation systems that have become incentives
and refrigerator recycling to green build- During difficult economic times, people often turn
ing and solar technology.
Fortunately for Garcia, Through
he had SBESC,
built to the legal system to make up for revenue shortfalls...
you can get water conservation tips as well-
as a list
tele thatof would
various “no-cost
help him things”
stayyou can
afloat ...That means risk to your business increases
do right now to save energy
between the down years of 1990-92. and money. if your legal house is not in order.
Solar
“In is the
’90, just Iron
one example
Curtainoffell a more
and effi-
the
cient power source promoted by SBESC.-
Information about biomass, wind, hydro,- SCHLICHTER & SHONACK, LLP
and geothermal
sands began to applications
lose their jobs is readily
and To u g h a n d E x pe r i e n c e d B u s i n e s s A t to r n e y s
available on the agency’ s website.
property values dropped. A big black  Aggressively defend frivolous lawsuits.
Meanwhile, SBESC’s Energy Efficient-
 Ensure your contracts protect you from unnecessary lawsuits.
Plus (EE+) program helps businesses
 Find out if you chose the most advantageous business structure.
and agencies save energy by joint procure--
 Make sure your partnership arrangements don’t lead to unnecessary disputes.
ment of energy-efficient equipment such-
 Know your rights as a creditor and as a debtor.
as refrigerated
rocketing vending machines
beginning in 2000.that au-
Other  If a legal problem does occur, let us handle it professionally and effectively.
tomatically power down when dormant,-
and computer
cia and other network power management
contractors enjoyed a Committed to the same quality of service as downtown law firms for an affordable rate.
software.
six-year run unparalleled at any time A PHONE CALL NOW COULD SAVE YOU TIME AND MONEY
“South Bay Home
previously. businesses and appreciated
values residents are (310) 643-0111 • www.SandSattorneys.com
encouraged to learn about water conser-- 3601 Aviation Blvd., Suite 2700, Manhattan Beach, CA 90266
vation programs,
struction peaked, both
andindoor and good.
life was smart
Clients include Fortune 500 companies, businesses of all sizes and startup entrepreneurs.
Continued
Continued ononpage
page 28
28

A Program of the South Bay Cities Council of Governments

SAVE Water, Energy, Money and the Environment


Call (310) 371-7222 * today for information regarding FREE energy and water surveys!

Serving Businesses, Residents, Cities & Schools in South Bay Cities:


Carson • El Segundo • Gardena • Hawthorne • Hermosa Beach • Inglewood • Lawndale Lomita • Manhattan Beach • Palos Verdes Estates
Rancho Palos Verdes • Redondo Beach • Rolling Hills • Rolling Hills Estates • Torrance • SCE/SCG Customers of San Pedro/Harbor City

SOUTH BAY
ENVIRONMENTAL SERVICES CENTER * Please Note Our New Phone Number and Address
15901 Hawthorne Blvd., Suite 400 • Lawndale, CA 90260 * • www.sbesc.com

2 n d I ss u e 2 0 0 9 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 7
G R E E N B I Z COV E R F E AT U R E

“We look for the best way to educate employees on green issues and how to
change their behavior at work ... Our goal is to educate them about going
green so they in turn spread the message to their friends, family and people
in the community to do the same.”
Heather Ramirez, Tech Go Green, Director of Development
Continued from page 27 them through the entire process and help always mean big investments. Many green
them implement programs and policies by solutions are simply creative everyday alter-
landscaping outdoors,” said SBESC Pro-
gram Manager Marilyn Lyon. talking to local distributors and contrac- natives.
On its online calendar at www.sbesc.com, tors.” To take their work to the next level, Tech
SBESC lists virtually every eco event hap- The evaluations are meant to leave no Go Green is now developing a Torrance
pening in the South Bay on a monthly ba- stone unturned. For instance, an evalua- Green Business Program to provide busi-
sis. tion of Switzer Learning Center revealed nesses with the necessary technical assis-
that employees didn’t reset the thermostat tance to become a “Certified Green Busi-
Torrance Firm Helps Businesses after leaving the office. “They would adjust ness.” To achieve certification, businesses
Go Green and the temperature to too hot or too cold but must comply with regulations and adopt
Save Green didn’t change it back before they left,” ex- environmentally sound practices in energy
A relatively plained Ramirez. “So we recommended efficiency, water conservation, solid and
new Torrance- installing lock boxes.” Going green doesn’t hazardous waste reduction, and pollution
based firm of-
fers “sustainable
business con-
sulting” to help
small businesses
go green and
save money in
Heather Ramirez the process. In-
corporated early last year, Tech Go Green
sends field experts to offices to conduct
energy audits, utility bill analyses, end-user
surveys, and management interviews.
The program aims to reduce a business’s
carbon footprint, waste generation, and wa-
ter and power usage while also encourag-
ing recycling, energy-efficiency and use of
post-consumer content.
Tech Go Green’s staff members are
trained in energy management practices
LO S A NGE LE S | SOU T H B AY | OR ANGE CO UNT Y | SA N FER NAN D O VALLE Y | I N L A N D E M P I R E
with college degrees in environmental sci-
ences as well as additional education from
Southern California Edison. “We try to be South Bay Regional Office
as comprehensive as possible,” said Tech Go Patti A. Vollmer, Regional Vice President
Green Director of Development Heather Brian Ishida, V.P. | Tom Buescher, V.P.
Ramirez, who said the on-site evaluations 310.808.1200
typically take a week from start to finish.
“When we’re done with the walk-through,
we give them a proposal that describes A MERICAN B USINESS B ANK
how sustainable they are and how they can Member FDIC
become more sustainable. We hand-hold

28 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 n d I ss u e 2 0 0 9
prevention. The program will eventually expand to the entire South the biggest offender: lighting. “You don’t need a consultant to tell
Bay. you your lighting isn’t energy-efficient,” said Ramirez. “But lighting
While most environmental consulting can be pricey, Tech Go alone can save thousands of dollars. Also, bathroom fixtures and
Green has managed to get around that obstacle. “We filed for non- toilets can make a huge difference.” Ramirez added that changing
profit status so that the small businesses we work with wouldn’t employee mindsets is also critical. “We look for the best way to edu-
be hampered by consulting fees,” she said. “This allows us to secure cate employees on green issues and how to change their behavior
outside funding to cover those fees and allows businesses to spend at work,” she said. “Turning on a screensaver doesn’t reduce energy
more money actually implementing our recommendations.” Such consumption, for example. On the other hand, even if you install
recommendations are not only meant to be eco-friendly, but also energy-efficient lighting, it defeats the purpose if you leave it on at
help the bottom line. “It’s a win-win situation for the business and night. Our goal is to educate them about going green so they in turn
the environment,” Ramirez added. spread the message to their friends, family and people in the com-
While Tech Go Green’s business analysis identifies every possible munity to do the same.”n
and even obscure energy-wasting behavior, one high-profile area is Brian Simon is a freelance writer who lives in El Segundo.

Continued from page  blogs are already providing content available for download. The
Although constructed from rigid plastic and glass, the lightweight periodical market is set to explode when future generations of ad-
Amazon Kindle is the first device to reach consumers that uses elec- vanced screen technology offer full-size page display in color. How-
trophoretic technology. Originally launched in November 2007, this ever, we will still be reliant on LCD technology to stream moving
first-generation advanced electronic reader makes an extraordinary pictures and video for the foreseeable future. But the road ahead is
leap in functionality. It can download from a selection of 230,000 paved and the horizon is becoming clear.
book titles, purchased for $9.99 each and delivered through existing Sony has a competing product and iRex, a Dutch firm, launched
wireless networks. The cost savings alone on book purchases offsets a product last year. As new products are innovated and industry
the $359 price tag for the device. Plus, Amazon.com provides wire- standards are set, it’s only logical that much of the paper we produce
less access with the purchase of the device. The system backs up all now will no longer be wanted or needed.
user downloads in case a device is lost or another one is purchased. But the demand to read will always be there and whatever form
If you want to use it to read your own documents, you can email
we ultimately use to deliver it, rest assured the publishers you have
your .pdf or Word files to the device and go to it.
always known will be here to serve you. Most of them must need to
As with all first-generation technologies, the Amazon Kindle and
its few competitors have notable limitations. Electrophoretic dis- break their pulp addiction. Perhaps the green revolution will knock
play screens are only available in black and white and the Amazon some sense into them.n
Kindle has a screen about the size of a paperback book. David Whitehead is the Publisher of Business Insider Magazine. He
Despite its limitations, major newspapers, magazines and even can be reached by email at Publisher@Businessinsider.us.

Continued from page 25 goals and resources at every step in the process and to work with
you, again consider settling. An amount less than the judgment a legal professional who understands your needs. So if you should
plus a waiver of an appeal might just resolve the case. be handed papers, stop and take a deep breath. You are in for a
fight, but you will improve your chances and minimize your losses
Step Seven: Appeal if you understand what you are up against and approach it not as an
You can appeal an unfavorable judgment, but about 80 percent of emotional issue, but as a business problem to be solved as efficiently
appeals fail. That is not surprising, since appeals do not test the facts
as possible. n
found by the juries, but rather the judge’s legal rulings. Things like
Kurt Andrew Schlichter is a business litigator and a partner at Schli-
the improper introduction of evidence or the incorrect application
of law are typical appellate issues. What the court of appeals will chter & Shonack, LLP, in Manhattan Beach, a six-attorney law firm
not look at are facts – the court of appeal will almost never override primarily focusing on the representation of businesses and businesspeo-
a jury’s finding of fact. For that reason, and because it is extremely ple ranging from Fortune 500 companies to individual entrepreneurs.
expensive, you should carefully consider whether to appeal. He writes frequently on legal issues. This article does not constitute legal
Business litigation is a long, complex process that takes consid- advice and does not establish an attorney-client relationship. Consult
erable time and money. The key is to think about your business an attorney regarding your individual situation.

2 n d I ss u e 2 0 0 9 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 9
TECHNOLOGY INSIDER

Continued from page 30 been avoided. Individuals also made fre- ment. Bad feelings and finger pointing
quent mistakes because they didn’t have the result when these kinds of problems lead
prehensive IT system to be devised for the to horrible mistakes or create a productiv-
various departments that needed to keep right information when they needed it.
ity gridlock. And when the economy gets
and share much of the same information. I realize that during a booming econo-
bad, you simply can’t afford to put up with
The result was a disillusioned staff that got my, companies get too preoccupied with it any longer. But the Catch 22 is that by
buried in muck, not to mention enormous their core business to notice the monsters this time, you may not be able to afford to
expense to the company that could have they often create with their IT manage- do anything about it. It’s cheaper and easier
mpany to build and maintain a system correctly on
and the front end than it is to fix a badly con-
nor-
to
ALPHA COMPUTER SUPPORT, INC. ceived one. I remember how difficult it was
to
Our business is to keep you in business. to consolidate two ACT databases from
different departments. When our IT pro
little
anies, Consulting and Service for Businesses finally did it, we still had duplicate entries
• Experts in all phases of networking and server support. all over the place that couldn’t be fixed with
pro- an automated procedure.
ound. • Experienced with all Microsoft Windows operating systems.
their Avoiding Gridlock and Problems
to
oice I Call Now ! (310) 801-9026 The best way to avoid these kinds of
problems is to implement integrated IT
phone
from the start. Evaluate and select software
keep We understand the value of keeping an eye on the bottom line!
solutions that serve the broadest range of
your IT needs. If similar information is
shared between accounting, sales and other
administrative staff, make sure you are not
creating redundancies and ensure that spe-
Design Group cific individuals only have access to infor-
mation related to their jobs that they are

SLIDE Quality ad designs authorized to see. Most importantly, make


sure the entire integrated system is secure
affordable for any company
AREA
from the outside.
I always had the impression that tech-
or organization. resistant managers were afraid sensitive
information would get into the hands of
the wrong people if they integrated their
systems. Ironically, there is actually a
greater risk when the system is screwed up.
The best way to handle the situation is to
hire IT experts with in-depth experience
at creating the kind of secure system you
need—an industry specialist if possible. If
you believe your company will grow to a
Magazine-quality display ads • substantial size, you’ll probably need either
a custom system or high-end software that
Brochures and flyers •
is easily customized to your specific needs.
Newsletters • It’s definitely worth the investment.
Be careful how you put together a man-
Publication consulting • agement team to make vendor and product
selections. Remember that it is natural for
Call (310) 872-9732 for a FREE quote . Website: www. businessinsider.us/slide-area-design managers to feel territorial about their own
Slide Area Design Group is a division of Business Insider Magazine departments. This often leads them to fo-
cus on areas of the company they feel are

30 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 2 n d I ss u e 2 0 0 9
Event Resources
important rather than on the company as a Event Planning
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David Whitehead is the publisher of Busi- www.CharmedEvents.biz Toll Free 877-432-3231
ness Insider Magazine. He can be reached by www.BaymontInns.com
email at www.BusinessInsider.us.

2 n d I ss u e 2 0 0 9 S o u t h B a y B u s i n e ss I n s i d e r M a g a z i n e 3 1

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