Consulting Company Needs to Focus Talent Search
Q I have a children’s talent consulting company and would like to find some individuals with similar goals who would be interested in helping me run this business and bring in new clients. Do you have any suggestions?
--Nicole Glenn, Los Angeles
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A The most basic question is, do you want a partner, or a key employee? Partnerships are difficult at best and should be entered only when you feel you are missing a key ingredient--a financial or a skills deficiency--to the success of the venture.
The advantage of a prospective partner putting money into the business is that capital investment increases commitment. Make sure to value the work you have done already, and the leadership you have assumed, when you price your new partner’s stake in the company. Do not enter a 50-50 partnership! Disagreements crop up and this arrangement produces stalemates that often lead to breakups.
Nonfinancial reasons to want a partner or key employee might include a balance of strengths. If you happen to be great in sales and marketing, you probably need someone with experience in the financial or technical aspect of the business to round out your management team. No matter how appealing it might seem, avoid going into business with friends. A good friend might soften bad news, or fail to tell you something for fear it would hurt your feelings, to the detriment of the business.
How do you find the right person? Identify the attributes of people with whom you have particularly enjoyed working. Think about where they might look for an opportunity. Newspaper advertising is seldom effective for key management positions. Professional societies and referrals from people in similar specialties can be helpful. Recruiters, particularly those who know your business, can be effective.
When selecting a candidate, even when your strengths complement each other well, be sure your business philosophy is similar. For example, if your intention is to grow the company rapidly, do not select a partner who just wants a little supplemental income. Before committing to a candidate, check his or her background. A person with a poor business track record may not be what you are looking for. The last thing you need in your business is a dishonest partner. Be discreet, but get references, and check them.
--John B. Vinturella, president,
JBV’s Competitive Edge,
Los Angeles
Day-Care Info Available
Q We are interested in opening day-care centers for senior citizens. Where can we get information about block-grant funding for support services and transportation?
--S. Malek, Sunshine Seniors
Service Assn.
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A I would do a multi-task investigation into this question. First, check with officials at the federal level, through agencies such as the Department of Housing and Urban Development, at https://www.hud .gov, and the public health agencies such as the Health Care Financing Administration, at https://www.hcfa.gov, and the Department of Health and Human Services, at https://www.os.dhhs.gov.
You should also visit the cities where you are considering locating your senior day-care centers. Local authorities may have insight into both federal and state funding sources, especially for transportation help. For instance, most cities have dial-a-ride or senior access buses.
--Jack Kyser, Los Angeles
Economic Development Corp.
Foreign Patent Check
Q I have an idea for a product that has been patented in Europe but is not available in the U.S. Do I need to get licensing rights to sell it here, or do I need to tweak the design so I can patent it for a different use here?
--Lisa Pirkl, Newport Beach
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A A patent gives the patent owner the right to stop others from making, using, selling, offering for sale or importing the claimed invention. Patent protection is valid only in the country or region in which the patent was issued.
Therefore, a European patent that has been validated in various European countries can only be used to stop a third party from making, using, selling, offering for sale or importing the claimed invention in those European countries, not in the United States.
Before you try to make, use, sell, offer for sale or import the product, however, you should be certain that a corresponding U.S. patent application does not exist. You should also be aware that a corresponding U.S. patent application may be pending without your ability to locate it on publicly available databases.
Such a pending application might issue in the United States and give the patentee the right to stop you from doing anything with the product here at a later date.
If a patent exists in any country, you can always try to “design around” the claimed subject matter. However, to do that you must understand what the claim language means and no lay person has the expertise to do this. You should consult a registered patent attorney before taking any action.
--David Farah, intellectual
property attorney, Sheldon
& Mak, Pasadena
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Recent Small Talk columns are available at https://www.latimes.com/smtalk.
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If you have a question about how to start or operate a small business, mail it to Karen E. Klein, Los Angeles Times, 1333 S. Mayflower Ave., Suite 100, Monrovia, CA 91016, or e-mail it to kklein6349@aol.com. Include your name, address and telephone number. This column is designed to answer questions of general interest. It should not be construed as legal advice.
