Starting & Growing Business in New York State

The New York Empire State Development’s Small Business Division has put together a unified website collecting various New York State programs/services offered to New York small business to start-up or expand their small businesses. The site contains a 52-page guide to owning and operating a small business in New York State as well as a directory of New York State small business programs. There is also a link to discover more information about becoming a New York State government contractor and qualifying to bid on New York State government procurement contracts. Finally, the site links to various financing and lending programs offered by New York State government entities–and contains a searchable directory of alternative lenders in New York State catering to small businesses.


Daniel H. Erskine, an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.

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Technological Innovation Government Programs

For small businesses looking to conduct research and development, while needing funds to realize their small business technology, check out The Small Business Innovation Research (SBIR) program. The SBIR “is a highly competitive program that encourages domestic small businesses to engage in Federal Research/Research and Development (R/R&D) that has the potential for commercialization.” Progressing in three phases (I to III) with funding of up to US$150,000 in phase I (6 months) and up to US$1,000,000 (2 years) in phase II, the “SBIR funds the critical startup and development stages and it encourages the commercialization of the technology, product, or service, which, in turn, stimulates the U.S. economy.” The program started in 1982 (President Regan) and encompasses several US federal agencies.

Another US federal government program focusing on small business technology companies is The Small Business Technology Transfer (STTR) . The STTR “expands funding opportunities in the federal innovation research and development (R&D) arena.” Like the SBIR, the STTR is a three phase program offering the same monetary support as the SBIR to small businesses who partner/collaborate with research institutions/laboratories. The goal of the STTR is to “[i]ncrease private sector commercialization of innovations derived from federal R&D.”

  • Funding opportunities are listed online, and include current solicitations as well as future opportunities.

If your small business technology enterprise resides in New York (the Empire State), then check out the Empire State Development’s Division of Science, Technology and Innovation (NYSTAR) site. NYSTAR lists a number of programs offered in the State of New for New York companies on the left hand side of their site (click thru the links listed for more info). If your high technology small business is located in Connecticut, take a look at the venture capital program called Connecticut Innovations.

Daniel H. Erskine, an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.

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Cybersecurity Tools

If your business operates online, then your business/company should seriously address cybersecurity issues. The Small Business Administration (SBA) dedicates a page describing and linking to “Top Tools and Resources for Small Business Owners”. The page features links to fact sheets, webinars, online courses, and other federal agency resources. One such resource derives from the Federal Communication Commission (FCC) that provides and generates, through an interactive web site, a Small Biz Cyber Planner that a company may use to “create and save a custom cyber security plan for your company, choosing from a menu of expert advice to address your specific business needs and concerns.” There is also a link to the Department of Homeland Security’s Cyber Resilience Review (CRR), “…a no-cost, voluntary, non-technical assessment to evaluate an organization’s operational resilience and cybersecurity practices.” The CRR page contains a number of downloadable forms and resource guides.

An additional SBA webpage contains their “Social Media Cyber-Vandalism Toolkit”, which

…provides guidance and security practices to small businesses using these tools in their online operations. Suggestions and resources prepare users to respond to cyber-hijacking, and will empower digital users to make informed choices and enact future policy.

Daniel H. Erskine, an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and small business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.

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Social Media and Employment

Chances are your small business utilizes social media to connect with its customers and employees on a daily basis. Your small business may want to check out the Federal Trade Commission’s (“FTC”) Endorsement Guides: What People Are Asking, which provide guidance on compliance with truth-in-advertising requirements contained in the FTC act. The FTC opines the Act’s requirements apply to small business’ social media. You may also want to check out the National Labor Relations Board (“NLRB”) for information on how the National Labor Relations Act applies to union and non-union social media activities. The NLRB has a short policy statement on the Act’s applicability to employee social media use here and a more complete statement here. Additionally, the Equal Employment Opportunity Commission (“EEOC”) together with the FTC publishes Background Checks What Employers Need to Know as well as Background Checks: What Job Applicants and Employees Should Know addressing your small business’ use of social media in the hiring process.

Daniel H. Erskine, an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and small business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.

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Looking to Enter New Top Export Markets

If your a small business or a medium sized business looking to access new export markets look to the International Trade Administration’s Top Markets Series. The Top Market Series analyzes future export opportunities across various commercial sectors. The Series page links to a number of reports complied by the US government to assist exporters in reaching new international markets. After consulting the reports your small business or medium sized company may check out the International Trade Administration’s Data & Analysis page where numerous links take you to hard data on export activities emanating out of the United States. Try also reviewing TradeStats Express for more statistical data on export and import matters.

Daniel H. Erskine, Esq., an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and small business transactions.www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT

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A Methodological Approach to Negotiating International Business Contracts

The United States government has declared increased exports are the path for financial recovery. In particular, the Small Business Administration declared exports are the principal method to buttress American small business. So, how do small businesses effectively negotiate in the international market?  Equipping oneself with a negotiation strategy permits a business to maximize benefits and foster relationships—if you use the appropriate method of negotiation. What is the negotiation method a small business should arm itself with to reach an agreement with a foreign company?  This article sets out a negotiation strategy, which small businesses may use to effectively enter into the export business and conclude an international agreement.

  1. Prepare

Preparation is the key element in any negotiation.  Familiarize yourself with the other company you desire to do business with and the market place they operate in.  Look to the publicly available information about the company.  Most foreign companies maintain English version websites that contain a wealth of information about the company. Governmental websites, like www.business.gov, www.export.gov, UK Trade and Investment’s Export Country Guides and the Enterprise section of the European Union’s website contain key data, advice, and insights about foreign markets.  Utilize the transparency of governmental agency to cull necessary data on the foreign company to evaluate market conditions in the country or region the business operates.

Ask initial questions about the other company to identify their objectives.

Evaluate whether the foreign company’s interests are compatible with your company’s aspirations.  Dialog at the beginning stages of a negotiation fosters increased information sharing when the actual deal is made—and, equally important, will persist after you executed your contract. Many misunderstandings at the deal-making stage may be avoided by dispelling misconceptions at the preliminary stage.

Inquire of your own company why you seek to enter into a deal with a foreign company.

Do you desire the relationship to coax prospective domestic business partners into relationships with your company, or do you desire foreign company associations to grow your company into a multi-national enterprise? Asking why will help your company to determine your priorities in negotiating a deal with a foreign company.

Much like a good football coach, a well thought out game plan will minimize wasted time, misconceptions, and likely lead to a successful result.

Business Lawyer New York and Connecticut

  1. Recognize Cultural Differences

A tremendous consideration in international business is the participants’ cultural acuities.  Culture strikingly affects the manner and method of negotiation.  Investment in learning about the other side’s culture plays a pivotal role in succeeding in negotiations.  Remember that all Europeans do not act alike, nor do nationals from other geographic regions, like South East Asia.

Consider use of the other culture’s language or providing translation in order to conduct a successful negotiation.  Examine the type of dress you will ware to the negotiation table,

the mannerisms you will use, and the physical place where negotiations will occur.

Each may dramatically affect the outcome of your discussions.

Culture may also affect the type of tactics you employ in negotiation, so be mindful that threats may terminate negotiation in some locales whereas promises may have the same effect in other regions.  Considering all of the above, do not let cultural differences discourage you in your quest to transact internationally because behind cultural divides lies the reason your two companies came together in the first place—to make money.

  1. Effectively Negotiate

Use your preparation to identify your soon to be business partner’s objectives, as well as your own.  Both parties want to maximize their individual benefits.  Don’t be afraid to be creative and propose innovative methods during negotiation.  Realize each of you are at the table to grow your respective businesses or because both companies see an inherent benefit in establishing the relationship.

Try to uncover that benefit during negotiations by asking open-ended questions to elicit more information from the other side.

Utilize and employ tactics. Tactics are calculated actions taken to move the other party toward your objectives. During a negotiation you will utilize tactics to induce the other party to agree to your goals. A good tactic is setting an agenda to guide both parties in the negotiation.  The agenda does not have to be a 20 page tome, but could be a page outline of bullet-point key issues you want to discuss. To create an agenda look back at your objectives identified in your preparation and give your agenda to the other side before the negotiation.  Letting the other side revise and comment on your agenda facilitates negotiation and removes uncertainty.  Even if the other side does not want to use an agenda take the document with you to the negotiation for your own use to focus talks on the issues you need to discuss.

Be flexible on small issues and concede items you view possess little value to your company.

Ceding a small issue to the other side may induce greater agreement on items more important to you. Do not fear structure in negotiation and do not fear innovation arising during a negotiation.

Both structure and innovation do not need to oppose one another in negotiating a deal.

Make sure you have a deal-maker on the other side of the table as well as on your side.

Without individuals authorized to make the deal you are wasting valuable time and energy.

Realize both sides are imperfect.

You will be nervous and say the wrong thing just like the other side.  Welcome to the human race!  Every human is prone to error—it is in our nature.  Do not let these blunders end the negotiation—persevere through these red-faced moments.

  1. Ethics

Ethics are a consideration in an international business negotiation. Ensure that professionalism is maintained and appropriate tactics are employed to avoid possible criminal or civil liability.  Do not get caught in a gross misrepresentation or outright falsehood.  Honesty goes far in negotiation and the relationship that follows a successful deal.  Though, you should utilize the skills that got you to the negotiation table—an ability to get the deal done.

Daniel H Erskine

  1. Get It In Writing

No matter how wonderfully you negotiated an agreement—get the agreement written down and signed by the other party; make sure the final agreement is signed by an authorized party or deal-maker. The written agreement may go through a couple of variations.  Throughout the redrafting process ensure that key negotiated items are not altered.  In other words, make sure the essence of your deal remains intact.

The best way to get an agreement written down is hire an attorney.  Despite the cost of hiring counsel, it remains a good idea to have a lawyer to draft the agreement.  This investment may avoid larger financial liabilities resulting from a poorly worded agreement.  Remember you want to spend your holidays leisurely not standing before a foreign tribunal. Do not be afraid to ask the lawyer to keep the language of the agreement simple.  Increasingly, attorneys understand business perspectives and realize the importance of the deal to your company.

Also, consider the law is not only different in other countries, but in different states you transact business in.  A lawyer may also help you with writing (or rewriting as the case may be) your contracts to ensure an appropriate law and court system possess sole jurisdiction over any disputes arising out of your agreements.

Lastly, remember you negotiated the deal, so make certain the provisions of the agreement reflect the bargain you struck.  Just as dialog is important with your business partner, the same principle applies to your lawyer.

In summary, the method necessary to approach international negations is to:

(a) prepare for negotiating the deal;

(b) effectively negotiate by structuring discussions;

(c) focus on both party’s objectives;

(d) use appropriate tactics during the negotiation in light of cultural and ethical considerations; and

(e) set down the agreement in a writing signed by the authorized representatives of both parties. 

Remember you are human and will inevitably make mistakes.  Do not let these errors cause the negotiation to fail.

Disclaimer: The above article is only for general informational and educational purposes, not for the provision of legal advice or a legal opinion.  Use or viewing of this article or any of the web pages linked to it does not invite or establish an attorney-client relationship.

 

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Sanctions List to Check Before Doing Business

Before doing business with a prospective new business partner or customer your US or UK small business should (and may be required) conduct due diligence on your new prospect. Some lists to check are UK-HM Treasury’s Consolidated List, EU Sanctions List, EU Regimes Sanctions List, UN Sanctions List, OFAC Sanctions Lists, and Consolidated Screening List. www.erskine-law.com

Daniel H. Erskine, Esq., an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and small business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.
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SizeUp your Business & NY Business Financing

Looking for market data on how your small business compares; check out the Small Business Administration’s online tool Sizeup. The tool helps by “benchmarking [your small business] against competitors, mapping your customers, competitors and suppliers, and locating the best places to advertise.” You will need to create a sign in to access some of the options. Your New York small business may also retrieve labor market data from the New York Department of Labor’s statistics site. There you will find wage data by occupation, employment projections, and regional data (among other items). In addition, your New York small business might want to look at business financing options at New York Business First’s website. The site details programs available for New York small and larger businesses offered throughout New York State. Also, reference to Empire State’s various business programs may prove useful for your New York small business or your SME located abroad. Their International Division has offices overseas (there is one in the UK in London). www.erskine-law.com

Daniel H. Erskine, Esq., an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and small business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.
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Looking for Export Trade Leads…

If your small business is interested in export related sales leads take a look at the Empire State Development Marketing Assistance Service Program. There you will find a description of the sales and marketing assistance program offered by New York State promoting “Made In New York” products. There is an application you need to complete to qualify for the program. On the federal level you may want to check out export.gov, which offers a range of market entry and expansion services (some for a fee). While your small business is getting new export sales leads, you may want to pursue the Small Business Administration’s Export Loan Programs. There is a short explanation of the International Trade Loan Program as well as Export Express Loan Program and Export Working Capital Program. All normally require an application. If you are a UK SME, take a look at the UK trade and Investment International Trade Services for Exporters. There you will find information on trade sales leads (registration required) and UK Export Finance. A good overview of UK Export Finance is available on their Overview Page describing the various programs offered. www.erskine-law.com

Daniel H. Erskine, Esq., an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and small business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.
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Your Small Business Can Now Use US Ambasadors

A recent program rolled out by the United States Department of State permits US small business owners to directly connect with American Ambassadors to discuss available in-country business opportunities. The program is called Direct Line and features US consular officers as well as local government officials available for conference calls and webcasts at predetermined dates and times. To learn more about the Direct Line program visit the data sheet webpage. You may also want to check out the US State Department’s Business Information Database System (BIDS), which is a newly developed website for small business international commercial opportunities. Interested in a particular country to find small business opportunities, then go to any US Embassy or Consulate webpage and click on the business tab (e.g. US Embassy London, England). The business webpages contain useful links to items such as exporting to the country (e.g. Exporting to the UK) as well as contact information and trade show data. Also, your small business might want to peruse the Investment Climate Statements issued by the US Department of State for concise analysis of economic and political in-country factors (e.g. United Kingdom Investment Climate Statement). www.erskine-law.com

Daniel H. Erskine, Esq., an international attorney, practices in New York and Connecticut focusing on international law, civil litigation, appeals, and small business transactions. www.erskine-law.com Attorney Advertising; USE OR VIEWING OF THIS BLOG OR ANY OF THE WEB PAGES LINKED TO IT DOES NOT ESTABLISH OR OTHERWISE CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.
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