Check out our December newsletter edition!
We guide small business owners over rocky legal terrain so they can protect and grow their companies.
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December 2021
ALL I WANT FOR CHRISTMAS IS NOW 3 Strategies to Help You Live in the Moment
December is a month of temptations — and I don’t just mean the cookies! At this time of year, a lot of business owners fall into the trap of looking back at the past year and forward to the year ahead instead of living in the moment. Before they know it, the holidays are over and they’ve spent them “rehashing and rehearsing” instead of making new memories. Of course, it’s important from a business perspective to take stock of the year behind you and set goals for the next one. But those things shouldn’t take over your life, especially life outside the office. If you spend too much time traveling to the past or the future in your mind, you won’t appreciate the now. You also won’t accomplish much, because the only place where you can really take action is the present. I’ve fallen into this trap more than once, and it’s a hard habit to break. I’m even guilty of time traveling in my personal memories. After my daughters left home, Christmas wasn’t quite the same as when they were little, so I spent a lot of time looking back fondly on those younger days. It’s a comforting habit but a dangerous one.
I’ve realized that postering my mental walls with these memories is a way of controlling my world. They make me feel safe and happy. But that’s not enough! I should really be focusing on making new memories as well as treasuring those old ones. The more I do that, the bigger my treasure trove of cherished memories will be when I’m older.
This year, I’m working hard to live in the present moment. These are just a few of the tactics I’m using — feel free to steal them.
1. Borrow wisdom from books. This fall, I read “The Power of Now: A Guide to Spiritual Enlightenment” by Eckhart Tolle, “The Untethered Soul: The Journey Beyond Yourself” by Michael Singer, and “The Voice of Knowledge: A Practical Guide to Inner Peace” by Don Miguel Ruiz. They all helped me understand the importance of living mindfully and reminded me that I can only take action in the present. 2. Appreciate your breath. Pausing to notice things as small as my breathing and the patterns in plant leaves helps me stay present. The physicality of mountain biking also helps bring me back to reality. You can find your own helpful mindfulness exercises with a quick Google search. 3. Keep a list of meditations. About a year ago, I found a small meditation ball on one of my walks. It’s covered with phrases like “It’s important to be grateful because…” and “slow deep breathing.” When I pick it up, I choose one of them to anchor me in the present. You can buy one of these balls yourself or just make a list of helpful phrases and exercises to return to when you drift. If you’re struggling for gift ideas this December, treat someone you love to a fully present moment together. You might be surprised by how much more they’ll appreciate that glassblowing class or those concert tickets if they come with a promise you’ll be there with them in the moment, focusing entirely on them without distractions.
Happy holidays!
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The Next Big Health Secret Why Seeing an Attorney May Be Good for You!
Consulting with an attorney when you are facing legal trouble allows you to have an advocate and expert in your corner who is fighting for you and your rights. And according to recent studies, it may be good for your health too!
For example, in Colorado, some chronically ill patients are struggling with immigration issues or problems as a result of losing their jobs in the COVID-19 pandemic. By consulting with lawyers — in addition to psychiatrists, social workers, and medical doctors — patients are lowering their stress levels, improving their physical well-being, and staying closer to their families. But how does this work? To answer that question, we have to examine the toll stress takes on our bodies. Constant stress, like concerns about visitations or deportation, can cause our bodies to fail. This often leads to headaches, heartburn, a weakened immune system, insomnia, stomach problems, and more. These problems then compound into other issues, causing the body to spiral when intervention isn’t possible. However, when the source of stress is relieved, the side effects are eliminated as well. This can powerfully help people who are facing potentially life-altering legal situations. So, while your attorney may not be able to perform heart surgery or help alleviate your knee pain, their expertise may be just what you need to feel better in the long run.
According to NPR, a 2017 study of Veterans Affairs offices in Connecticut and New York found that veterans who saw clinic attorneys reported improved mental health within three months after their initial meetings. Additionally, in Colorado, a five-year survey of 69 patients from 2015 to 2020 found that patients in Medicaid programs who saw attorneys at their clinics had a decrease in the amount of physical health problems they were facing. While further studies are needed to corroborate this evidence, the message is clear: Finding solutions to your legal concerns through an attorney is healthy!
This idea has led to several states permitting Medicaid patients to use some of their health care dollars toward legal clinical programs.
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What is libel?
Libel is a method of defamation expressed in print, writing, pictures, signs, effigies, or any communication embodied in physical form. Libel used to refer to things printed in newspapers and other forms of print media, but in our digital world, things like blogs, Twitter posts, and online publications can now be subject to libel lawsuits. Tabloids have been a reliable source for drama and libel cases for years. Many celebrities have repeatedly sued them for publishing stories with false or untrue allegations. For example, the British tabloid Daily Mail published multiple untrue stories regarding Keira Knightley’s weight, claiming she was anorexic. She sued the tabloid for libel and won. J.K. Rowling and Kate Winslet have also successfully sued Daily Mail for libel.
How does slander differ from libel?
Just tell the truth.
Where libel is a physical form of defamation, slander is spoken defamation, whether it be on television, radio, or even just rumors spread around the water cooler at work. Like libel, slanderous statements need to be expressed as fact, not just opinion. Since slander is spoken defamation, it can be much harder to prove than libel. Not only do you have to prove the person said it, but you also have to prove the person was negligent with the truth. Politicians have to prove actual malice in addition to all the other stipulations regarding slander.
If you are ever accused of defamation, the best defense is the truth. If you can prove what you said or wrote was truthful, there is no case. The bottom line is this: The easiest way to avoid defamation lawsuits is by simply telling the truth about people. If you’re not sure something is true, don’t spread it around. Find out the facts before needlessly ruining someone’s reputation. Telling lies and spreading rumors can cost you big in the long run.
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MEET THE TEAM Maria Gutierrez
What kind of music do you listen to? Music has been good to me. I can listen to anything really country, rap, hip hop, Spanish or English. If you happen to hear me listening to heavy metal, know that I am in the zone. System of a Down is my favorite rock band. Who is your favorite person? My favorite person, celebrity, superhero, go to person in the whole world is my mom. I know that if I need a kick in the pants, she will give it to me. She doesn’t sugar coat it; she doesn’t tell me what I want to hear; she doesn’t make excuses for me; she keeps me accountable. My mom will tell me I look fat in a dress, she will tell me I didn’t meet my goal, she is tough love and I whole heartedly appreciate her for that. What is the silliest fear you have? Spiders, any size, shape, or color. I will not smoosh, squash, swat, nor step on a spider. The fear is that the spider will be smart enough to dodge me and climb up my limbs. Spiders are not my thing! I am a definite arachnophobe. What is the last show you binged watched? With my kids Iker 8 yrs. old and Adrian 4 yrs. old, we are really hooked on Just Add Magic
from Prime Video and Fuller House from Netflix. With my husband we are watching Gotham on Netflix. What are you kind of obsessed with these days? I’ve always been obsessed with soccer, as an adult that hasn’t changed much. I try to play 3-4 nights a week. My favorite position is goalie, I feel like I have a pretty good handle of the game in the goal box, can dive headfirst with little to no thought. I am not as good on the field, sometimes I get lucky shots. And yes, I am a total soccer mom!
691 Sierra Rose Dr., Suite B Reno, NV 89511 775.448.6070 WWW.SIERRACRESTLAW.COM
How to Win a Contract Court Case
1. To Win A Contract Court Case, Have a Good Contract A good contract might be more difficult than it seems. A lot of people create contracts on the internet using a mish-mash of boilerplate language that sounds legal but was not appropriate for the situation. Start on the right foot by having an experienced attorney, who knows what you need in the first place, prepare your contract. 2. Keep Good Records Preserve all of your emails, text messages, letters or other written correspondence that is related to your contract dispute. Keep your business documents in order and keep them in a way that you can reach them to turn them over to your attorney when the time comes. 3. Have an Attorney Nevada requires that a business entity, such as a corporation or LLC, has to be represented by an attorney when they go to court. While you can represent yourself in some personal matters, a business entity has to have an attorney speak for them in court. 4. Tell the Truth You need to tell the truth to your attorney and don’t leave anything out. Your attorney can’t protect you from something they don’t know
about. It doesn’t matter what reason you’ve given yourself for not sharing that information, Trust your attorney. Your conversation with them is protected by attorney-client confidentiality so give them the complete story. 5. Keep Your Mouth Shut This is not a joke. Don’t go around posting all over social media telling everybody your story. Everything you say to everybody can later be twisted around and used against you. While you want to tell your attorney the whole story so they
can put together a cohesive, comprehensive package for your contract court case, don’t go spreading your story all around town in a disorganized, inflammatory manner.
If you have any questions about the strength of your contracts or wish to have an attorney review your existing contracts, we would be happy to assist. Contact Sierra Crest Business Law Group at 775-448-6070 to speak with one of our Reno business attorneys.
If you would like more information regarding 5 Tips to Keep your Business from Getting Sued, please scan the QR code.
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TAKE A BREAK
BOOST YOUR MOOD WITH THESE TIPS SPENDING THE HOLIDAYS ALONE?
Many Americans spend the holidays alone every year, and the pandemic has only made it more difficult for people to see their loved ones, as travel has become more restricted and strenuous. If you’re one of these people who are spending their first holiday season alone this year, here are a few strategies you can try to make the situation a little easier. Don’t hold yourself to the usual standards. One of the best things about spending the holidays alone is that you can do things your way. You don’t have to worry about meeting everyone else’s standards. Instead, you only have to make yourself happy. Simply telling yourself that you are not going to have the usual holiday environment can slightly help, but redefining what the holiday means to you can remove a huge weight. Trying new things or looking toward the future are great ways to reduce the stress of spending the holidays alone. Keeping up with old traditions may remind you of what you’re missing out on, so it can greatly help to create your own traditions. Plan ahead. If you know in advance that you’re going to be spending the holidays alone, planning ahead can prevent negative feelings. While being spontaneous can sometimes keep things fresh, it could leave you with a feeling of hopelessness about what to do next. There’s no need for your list to be extensive or highly detailed, but even just planning to watch a movie or cook some of your favorite dishes can give you something to look forward to. Take care of yourself. Just because you’re not seeing people during the holidays does not mean you should forgo your basic needs. Stick to your regular hygiene habits and do not let them get away from you. The same goes for eating and sleeping. Staying clean, well-fed, and well-rested goes a long way toward improving your happiness. As with all mental health advice, what works for some does not work for everyone. Do what you think will work best for you and help you keep your thoughts happy.
SOLUT ION
Inspired by TastesBetterFromScratch.com DIY HOLIDAY EGGNOG
Ingredients
• 6 egg yolks • 1/2 cup sugar • 1 cup heavy whipping cream • 2 cups milk • 1/2 tsp nutmeg
• 1 pinch salt • 1/4 tsp vanilla extract • Cinnamon and whipped cream, for garnish
Directions
1. In a medium bowl, whisk the egg yolks and sugar until light and creamy. Set aside. 2. In a saucepan over medium heat, stir together the cream, milk, nutmeg, and salt. Bring to a simmer. 3. Add a spoonful of the milk mixture to the egg mixture. Whisk vigorously and repeat, one spoonful at a time. 4. When most of the milk is whisked in, add the egg mixture to the saucepan. 5. Whisk until the liquid thickens slightly or reaches 160 F. Remove from heat and add vanilla extract. 6. Pour the eggnog into a glass container and cover. Refrigerate. 7. When the eggnog has thickened, pour it into glasses, garnish, and enjoy!
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INSIDE THIS ISSUE
Jerry’s Tips for Living in the Moment
1
Your Attorney Is Good for Your Health!
2
DIY Holiday Eggnog Tips for Spending the Holidays Alone
3
The Difference Between Slander, Libel, and Defamation
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Slander, Libel, and Defamation What’s the Difference?
In a time when attack politics are at the forefront of media and politics, we often hear terms like slander, libel, and defamation. While the First Amendment gives us our freedom of speech, not all speech is protected. It’s more important than
ever to understand the difference between slander, libel, and defamation and know how to ensure your speech does not cross into these areas.
What is defamation?
Defamation is the all-encompassing term that describes both slander and libel. When an untrue and damaging statement, presented as fact , injures a third party’s reputation, it’s defamation of character. For example, you can’t hurt a person’s reputation by simply saying they’re annoying; however, saying they participate in illegal activities when they actually do not can be extremely damaging. It should be noted that you cannot be sued for defamation for simply stating an opinion. However, if the statement is untrue and damages the person’s reputation, whether it be written or oral, you could be sued for defamation.
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