May 2019
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Inside the Art of Negotiation Understanding What It Takes to Make a Deal
Throughout my legal career, my interests have been diverse, but my goal has always been to get the best possible result for my clients. One client, a CEO of a $5 billion company, helped me understand one of my strengths that has since become one of my passions. He told me that I was quite a skilled negotiator. After thinking about his comment, I realized I am most at home when I’m negotiating. I love the chess match that takes place in these sessions: the push and pull, the jockeying for position, the compromise, and the thrill of the deal. I am proud to be able to offer my years of negotiating experience to my clients to get them the best possible outcome for their executive retention agreements. Most importantly, I bring with me the innate ability to know when to stop or when to push things a little further to get those results. These techniques can only be learned through countless hours of tense negotiations. You have to know when to call a bluff and when to fold, so to speak. For example, you wouldn’t go to a car dealership and immediately offer them top dollar for a vehicle. On the other side of the coin, they wouldn’t immediately try to sell you the car for the price they bought it for. I have the unique ability to find a middle ground that
Around the time when these realizations began to take hold, I was having lunch with a talented colleague who would later become the general counsel for a major Fortune 500 company. But before he held that title, he took a job offer for a respectable but less lucrative position. He explained to me that in his talks with this employer, he felt he had no ground to stand on. He wanted the job and looked forward to performing it, and the benefits were decent
agreements. They are concerned the ruffled feathers may not be easily smoothed. This is why people seek my counsel. Instead of them taking the blame for being a jerk, I get blamed as the hard-ass lawyer. I have no fear of taking the tough position and assuming the role of the no-nonsense negotiator. I’m always prepared to fight, and I’m more than happy to do it. At the end of the day, if you’re not willing to walk away from a deal, you’re bound to get the short end of a business transaction. After years of negotiating countless deals, I’ve learned you can’t always have everything you want, but you can have most of it if you negotiate well. Most of the executive professionals I work with are extremely intelligent and skilled business negotiators, but they aren’t good negotiators for themselves . That’s where I come in. To learn more about what Mailly Law can offer you, give us a call at 714-384-6531 or visit our website anytime at www.maillylaw.com. We’re ready to talk when you are.
“I am proud to be able to offer my years of negotiating experience to my clients to get them the best possible outcome for their executive retention agreements.”
works for both parties. Although, the way I see it as a fierce competitor, there is usually some semblance of a loss at the end. I work hard to see to it that my client isn’t on the losing end. Though I have taken some strong positions on behalf of my CEO clients, I have never lost a job offer for a client because I know when the fine line shouldn’t be crossed.
enough, but he didn’t know where to draw that line and how to negotiate for everything he deserved. He just didn’t have it in him to be hard-nosed with his new employer. Many people, even senior executives, fear they will negatively impact their future association with an employer if they take a hard-line position while negotiating their employment
-Guy Mailly
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THE GOLDEN ERA OF ATHLETES ON SOCIAL MEDIA Out of the Dark and Onto the Web
It’s not an overstatement to say that social media has revolutionized the way we live our lives today. But with that massively powerful platform comes a massive responsibility, especially if you’re already in the spotlight. Athletes have taken the opportunity social media affords them to build their personal brands and engage in community outreach with the fans who look to them as role models, but there’s a downside to cataloging years of unfiltered thoughts on the internet. For better or worse, social media is here to stay, and we have full access to all the drama that unfolds for our entertainment. Despite the web’s potential for good, some pros can’t seem to get the message that every post falls under the scrutiny of the public. PR firms representing players have now made it a top priority to keep their clients’ images in line by scrubbing old posts that could be offensive and land them in hot water. Still, though, it seems like there’s a new controversy every week. One of the best examples comes courtesy of former football star“Johnny Football”Manziel. The former HeismanTrophy winner was notorious for posting embarrassing images of himself partying when he should have been practicing, and he often blasted his private issues in public, seemingly
with no filter. He’s out of a job now, most recently having been banned from the Canadian Football League. For every bad apple, though, there is a bushel of athletes who use their platforms for the greater good. HoustonTexans defensive end J.J. Watt, five-time Pro Bowler and NFL star, has used his social media“juice”to spread the word about his charity, raising over $4.6 million for youth athletic programs and organizations.
Philanthropy aside, part of the beauty of celebrity social media is that the people who seem so much larger than life become accessible because of it. In decades past, you might have written a letter that, if you were fortunate, got a response from some unpaid intern. Today, fans can reach out directly to their favorite athletes. It is a personal connection unparalleled in history. What a time to be alive.
Leaving a Legacy of Giving MAKING CHARITY A PART OF YOUR ESTATE PLAN
Your estate plan is far more than just a set of documents. It’s a declaration of what you find most important and a roadmap of the legacy you’d like to leave. Not only does a proper estate plan ensure that your loved ones will be taken care of when you’re gone, but it also allows you to make an impact on the wider world through charitable giving. Many avenues exist for making planned gifts to nonprofits, but here are some of the basics on how to make giving a part of your plan.
notify an organization about what you are planning to give. Smaller philanthropies may not accept complex assets, such as stocks or real estate. On the other hand, some charities may specialize in specific assets. For example, if your home is considered a historic site within your town, you may want to gift it to a preservation society so that it stays properly maintained.
DECIDE HOW TO GIVE
NAME A CHARITY IN YOURWILL
There are different ways to structure a charitable bequest, giving you the flexibility to make sure your estate planning goals are met. If you have a set sum of money or a particular asset you wish to leave to a charity, you can make a specific bequest in your will. However, if you want to ensure your loved one’s needs are met before giving a portion of your estate to charity, you can make what’s known as a residuary gift. With a residuary gift, once debts have been paid off and your other beneficiaries have received their bequests, a specified percentage of your remaining estate will go to a charity of your choice.
The most basic way to give to a charity is by naming it in your will. Simply name the charitable organization you wish to support among your beneficiaries, and specify the assets you wish to give. If estate or income taxes are a concern, ensure your chosen organization is a 501(c) (3) nonprofit. These are the charities the IRS deems tax-exempt.
MATCH THE ASSETS TO THE CHARITY Almost all charities will accept cash bequests, though
OTHER AVENUES
Depending on your income level and the kinds of assets in your estate, more complex means of making a planned gift may be available to you. Talk to your estate planner to see if creating a charitable trust or establishing a foundation is the right move for you.
it is always a good idea to
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TAKE A BREAK
How to Cultivate Valuable Customer Reviews THE GOOD KIND OF GOSSIP When you’re thinking about buying a new product or service, what’s the first step you take? If you turn to the WorldWide Web in search of reviews, then you’re in good company. According to a survey conducted by BrightLocal, 85 percent of consumers regard the customer review to be the single most credible and trustworthy source of advertising. That same survey found that 68 percent of customers surveyed were willing to provide feedback for a company. So, how do you get your customers to write the glowing reviews that help close deals? Don’t rely on customers to go to your website to leave reviews. There are numerous websites you can utilize that make leaving feedback more convenient for your clients. What’s more is that these other platforms are highly trafficked. BrightLocal found that Facebook and Yelp were consumers’most trusted sources of user reviews in the U.S., but you can also use Google My Business or the Better Business Bureau. Most importantly, be sure you are active on all the platforms you use. DIVERSIFY YOUR PLATFORMS
SHRIMP SAUSAGE SKEWERS
Ingredients
OFFER INCENTIVES
CREOLE SEASONING
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1/2 pound raw shrimp, peeled and deveined 1/2 pound cooked sausage, cut into 1-inch pieces
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2 tablespoons paprika
Give your clients a reason to write reviews. Consider offering incentives like a discount or coupon code, coffee gift card, or an entry to win a contest for an even bigger prize.
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1/2 tablespoon garlic powder
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1/2 tablespoon onion powder
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2 zucchini, cut into 1/2-inch cubes
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1/2 tablespoon cayenne or chili powder
ASK THE RIGHT QUESTIONS
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2 tablespoons extra-virgin olive oil
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Wooden skewers, soaked in water for 30 minutes
Think of the review process as a conversation rather than a request to be met, and use open-ended questions to start. Before you even request a review, you can ask customers questions like “How was your recent experience with us?” or “How are you liking your product?”That way, you can gauge their satisfaction before they leave any feedback.
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1/4 tablespoon dried oregano
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1/4 tablespoon dried thyme
Directions
1. Heat your grill to medium-high. 2. In a bowl, combine all ingredients for creole seasoning. 3. In a large bowl, combine the shrimp, zucchini pieces, and sausage pieces, and cover them with the olive oil. 4. Add creole seasoning and mix well until all ingredients are covered. 5. Load up skewers with alternating pieces of shrimp, sausage, and zucchini until they’re full. 6. Grill skewers until shrimp are well-cooked (6–8 minutes). Inspired by Food Network
RESPOND, RESPOND, RESPOND
The last thing you want to see is a scathing one-star review. But no matter how hard you work, they are still bound to happen. When you receive one, take the time to respond thoughtfully —without being defensive — and try to come up with a possible solution to the complaint. And be sure to respond to your positive reviews as well. When you show that you engage with all of your customers, prospective ones will be more likely to give you a shot.
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INSIDE THIS ISSUE
1 2 3
When to Budge and When to Shove
The Golden Era of Athletes on Social Media Making Charity a Part of Your Estate Plan
Shrimp Sausage Skewers The Value of User Reviews
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Genealogy Sites Provide Breakthroughs in Cold Cases
GENEALOGY SITES AND THE WARMING OF COLD CASES The Revolution in Forensic Science Continues to Captivate the Masses
We’ve come a long way in the field of forensic science since 1986, when DNA was first used to convict someone in court. In 2019, criminals who would have gotten away with their crimes in the past are now put behind bars where they belong. The advent of genealogy testing has been thrust into the spotlight with high- profile cases that were solved by sequestering information from sites like 23andMe and Ancestry.com. With this revolution in DNA testing on the rise, there’s really no end to the impossible-to-solve cold cases that can finally be put to rest. Whatever the motivation was behind genealogy sites in the beginning, they’re now some of the most sought-after databases in the world and are worth billions for their collection of the most personal consumer data in existence. Using these websites’ data, investigators can make DNA matches with potential offenders. The most famous recent case is the successful apprehension of Joseph James DeAngelo, otherwise known as the Golden State Killer.
After 13 murders and dozens of assaults, he was finally brought to justice after investigators matched his DNA to the evidence found at the crime scenes. They gained access to his DNA from the personal genomics site GEDmatch.
to its customers, law enforcement agencies successfully subpoenaed the companies to hand over the requested data. With the ability to theoretically solve any crime with preserved DNA, law enforcement and websleuths alike are foaming at the mouth at the possibilities genealogy testing has to offer. If only we’d preserved some of Jack the Ripper’s DNA!
Although access to the data of popular sites like 23andMe and Ancestry.com is restricted
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