San Diego Business Lawyer Blog
Modern technology has revolutionized the way we do business. Digital copies of documents are emailed instantly, faxes are sent via on-line services, fillable digital forms make transferring information simple and efficient, mobile phones allow business people to field calls almost anywhere and a vast array of information is instantly accessible via the internet. These conveniences reduce the need for receptionists, secretaries and other staff, and as a result reduce the need for physical office space. Many San Diego business owners find it practical to work from home without the need for any office space, virtual or otherwise. However, some businesses necessarily require client contact and in such cases it is more important to have an actual office. Lawyers, accountants, architects, doctors and other professionals must consider the client’s first impression. Meeting at home might convey a host of negative impressions whether real or imagined. While the home office is becoming more and more accepted, there remains a stigma that professionals in new business ventures seek to avoid. Yet, the cost of leasing an office can be prohibitive especially for new and growing businesses.
The virtual office provides an economical alternative while simultaneously conveying a professional impression on clients. Moreover, in today’s business climate, customers and clients are developing a healthy respect for businesses that are able to keep overhead low. They recognize that a virtual office results in savings that are passed on to them. There is a variety of virtual office space available throughout San Diego offering diverse services including the use of offices and/or conference rooms, shared receptionists and secretarial support, phone and internet services and in some cases actual support staff.
Typically, young professionals are offered a fixed number of hours (say 30) for the reservation of an office or conference room. They pay a relatively low monthly rent and perform most of their work at a home office. The virtual office provider can answer the phone for them, take messages and/or transfer calls. Their mail and deliveries are sent to the virtual office. When the time comes to meet a client, the professional sets an appointment with the client and reserves an office or conference room through the virtual office provider. When the client appears for the meeting, he or she is greeted by a receptionist without ever really knowing that they are meeting at a virtual office. Coffee and other refreshments may be offered, and most of the virtual offices available in San Diego are at prime locations like downtown, Mission Valley or La Jolla. In short, clients are treated to maximum professionalism for a minimal cost. The level of service offered by the virtual office provider will depend on the rent agreed to but the rent is always affordable when compared to leasing permanent commercial space.
California’s Uniform Trade Secrets Act prohibits misappropriation of trade secrets. “Misappropriation” is defined as “(1) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (2) Disclosure or use of a trade secret of another without express or implied consent by a person who: (A) Used improper means to acquire knowledge of the trade secret; or (B) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was: (i) Derived from or through a person who had utilized improper means to acquire it; (ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (iii) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (C) Before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.” “Improper means” is defined to include “theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means”.
Unfortunately, the law of averages guarantees that some business conflicts will not be resolved without resort to the legal system. When conflicts reach this level, business owners rely on the court system to provide them access to a just resolution. The problem of course is that access to a just resolution isn’t free and even in those circumstances where there seems little doubt about who is in the right, litigation outcomes are far from predictable. In fact, in most cases litigation is drawn out, expensive, emotionally draining and ultimately unsatisfying. This does not mean that access to justice is a myth. However, opting to resolve business disputes via litigation requires a cost benefit analysis similar to any other business decision. Even the most deserving cases may not be economical to pursue. 
Financials: The Financial section of the business plan is the dollars and cents section. It tells the reader about the company’s current financial health and its projected financial health over the next five years. This is where you crunch the numbers and it is your opportunity to show the prospective lender or investor just how sound your business plan really is. The financial data backs up the funding requests. The financial sections should include historical financial data (typically three to five years back or for as long as the company has been in business if shorter than three years). Provide the company’s accounting records including income statements, balance sheets and cash flow statements for each year, and identify any collateral. The prospective financial data should project the company’s finances for the next five years including forecasted income statements, balance sheets and cash flow statements. It is helpful to provide monthly projections especially for the first year, and quarterly projections thereafter. It’s important to discuss assumptions made to support projections. If you project increased revenue for year two based on increased advertising in the third quarter of year one, say so. Be sure your assumptions make sense and are consistent with your overall business plan. Don’t expect that the reader will make these connections for you. It’s also important that your funding requests are consistent with the financial projections. Finally, the Financial section should close with a brief analysis of the company’s financial information including an analysis of historical and prospective trends. Use of excel spreadsheets and graphs are great tools. 
The Marketing sections should also set forth your sales strategy if your business relies on or will rely on a sales force. What type of sales force will you use? How will you recruit and train them? Will they be 
Organization & Management: The next section in a typical business plan is Organization & Management. It sets forth in detail the company’s organizational structure, ownership and management structure and identifies the owners, management team and/or board of directors and their qualifications. This section tells the reader whether the company is a 
As you describe the target market, remember that ” target=”_ is the key. Focused business plans that describe a succinct segment of the population as a customer base are more appealing to others and more importantly have a greater chance of success. Trying to target the entire population (being everything to everyone) dilutes potential. Identify the characteristics of the targeted market. What are its demographics? What are the actual needs of the potential customers? How are those needs being currently met? Are there cyclical or seasonal variations? What is the current size of the market and what is its potential for growth? What are the market trends and is there or will there be a secondary market to exploit? What media has influence over the market? Once clear on the market definition, describe how the business will capture its share of the market either via price points, discounts, volume or other means. If market tests have been conducted, what were the results? 
Ultimately, the development of a business plan should be accomplished only after significant due diligence and where possible with the assistance of others specializing in marketing analysis. The information in a business plan tends to interrelate requiring thoughtful attention to each section. The goal is to highlight common themes without being repetitive. Consider consulting with 
Understanding your bargaining position prepares you for the negotiation process whether or not you are working with an 
In the vast majority of contract negotiations, one side is considerably more concerned about ensuring the success of the agreement. In such circumstances, the “more concerned” party must decide how much they are willing to give up. This defines the “more concerned” party’s negotiating power. The more the party is willing to walk away from the agreement, the more power that party has. Negotiating power is probably the single most important factor in contract negotiation. It is simultaneously one of the most often overlooked factors.