Charles N. Internicola is a business and franchise lawyer who is also an entrepreneur and franchisor. Charles “gets and understands” what it means to be a business owner. With that understanding, he has developed unique programs involving the representation of closely-held companies, franchisors, distributors and individual entrepreneurs in business transactions, franchising, licensing, and business litigation, including protection of intellectual property and partnership disputes.

The Business and Franchise Law Report is a publication of the Charles N. Internicola Law Firm, P.C., and is intended to educate the general public about business law issues. It is not intended to be legal advice. The information in this newsletter may be freely copied and distributed as long as the newsletter is copied in its entirety.

ABOUT CHARLES N. INTERNICOLA, ESQ.

email cni@BusinessandFranchiseLaw.com | web www.BusinessandFranchiseLaw.com | tel 800.976.4909

INTERSECTION OF BUSINESS AND LAW

BUSINESS SUCCESS: YOU NEED TO THINK BIG WHILE OTHERS FAIL TO ACTIt is always interesting to look at a successful business.

Everything looks in place, well run and sort of looks

simple. In fact, for those who don’t know any better (i.e.

someone who has not run his or her own business or

someone who is not involved in managing a business) a

successful business looks “easy” and the product of luck.

Well, success is anything but easy and time and again

it seems to me that success requires taking action and

thinking big even when faced with adversity, doubt and

some chaos. In many ways, success is the calm “after”

the unavoidable storm.

So why am I so focused on this? Because I am three

quarters through the book “The

Everything Store: Jeff Bezos and

the Age of Amazon” by Brad Stone

and can tell you that this book is

great. Sure, Amazon.com seems

like a sure bet today, but that was

not the case when Jeff Bezos left

his high paying job in New York,

moved to Seattle and started

selling books from a garage with desks made out of doors.

A really great book and a reminder that if you are too

comfortable in your business... you are probably not

challenging yourself enough.

4

Charles N. Internicola is a business and franchise lawyer who is also an entrepreneur and franchisor. Charles “gets and understands” what it means to be a business owner. With that understanding, he has developed unique programs involving the representation of closely-held companies, franchisors, distributors and individual entrepreneurs in business transactions, franchising, licensing, and business litigation, including protection of intellectual property and partnership disputes.

The Business and Franchise Law Report is a publication of the Charles N. Internicola Law Firm, P.C., and is intended to educate the general public about business law issues. It is not intended to be legal advice. The information in this newsletter may be freely copied and distributed as long as the newsletter is copied in its entirety. newsletter design and layout by zinegraphics.com

ABOUT CHARLES N. INTERNICOLA, ESQ.

email cni@BusinessandFranchiseLaw.com | web www.BusinessandFranchiseLaw.com | tel 800.976.4909

Sir Thomas Watson

To be successful, you have to have your

heart in your business, and your business in

your heart.”

IN THIS ISSUE

ARE YOU READY FOR BUSINESS EXPANSION?

volume 1 | issue 6

1000 South Avenue | Suite 104Staten Island, NY 10314

1.800.976.4904www.BusinessandFranchiseLaw.com

BUSINESS LAW There are several options for business expansion.See which is best for you. PAGE 2

NEWS Teleconference: What Are The “Tricks” and “Treats” of Franchising? An annual event you dont want to miss! PAGE 2

INTERSECTION OF BUSINESS AND LAW Are You Ready For Business Expansion? PAGE 1

BUSINESS SPOTLIGHT What is “Franchise Univer-sity”? Critical information before you buy a franchise. PAGE 4

Sounds like a simple question but, chances are, you

already know that answering this question can get

complex. Keep in mind that I am not asking you “if

you would like to expand your business” (a simple

question that 99.9% of the time will be answered with

a simple yes) but, rather, are you “ready” to expand?

That is, have you identified the necessary steps to

expand your business and are you taking action?

THE PROBLEM: GETTING STARTED

The problem that many of us struggle with

on the expansion front is getting started. Sure, we are

all busy, focus on our work and work hard in delivering

products or services. The problem in just doing this is—

as author Michael Gerber articulated so well—that we

end up working “in our businesses” instead of “on our

businesses”. For example, as a business and franchise

law firm, many times (I am a lawyer after all) I spend the

vast majority of my time in the courtroom, negotiating

transactions or providing legal services. This is certainly

a good thing (since I enjoy what I do) but to truly “work

on my business” I need to set aside time and effort to

work on the business of the law firm. That is, reviewing

our client communications, reviewing the programs

that we offer, developing value based billing systems

and ensuring that our internal systems are focused on

delivering excellent and valuable services for our clients.

THE NEXT PROBLEM: STAYING

STARTED Once you get started you

need to keep going and ensure that you continue to

focus “on your business”. At our law firm there are many

business systems that we have developed to monitor

the quality of our work, the satisfaction of our customers

and attract only those new clients who will benefit from

our specialized programs. But like you, I sometimes lose

WHAT IS “FRANCHISEE UNIVERSITY”?The “Buying a Franchise University Series of Videos” was created to educate and inform individuals who are interested in entrepreneurship and buying a franchise. This series gives access to critical information that you need to know before you buy a franchise including practical and real world insights that you can use and benefit from.

BUSINESS SPOTLIGHT

Visit “Franchisee University” at www.BuyingAFranchiseUniversity.com

QUOTE OF THE MONTH

INTERSECTION OF BUSINESS AND LAW

—continued on page 3

volume 2 | issue 1

2 The Business and Franchise Law Report | Volume 2 Issue 1

BUSINESS SPOTLIGHT

GLOBAL GARAGE FLOORING®: RETHINK, REINVENT, REDEFINE THE GARAGECongratulations to our client Michael Iannuccilli, one of the

newest franchisees of Global Garage Flooring®, serving Central

New Jersey.

Global Garage Flooring® & Design of Central New Jersey is a

premier garage refinishing and coating company that views

the garage as the front door to the home, not simply just

a place to park your car. A personalized garage provides a

unique opportunity for homeowners to add tremendous value

to their home while dramatically enhancing the comfort and

convenience of everyday life. Just take a look at Michael’s very

own garage (left).

Just like many businesspeople, Mr. Iannuccilli’s desk job left his entrepreneurial spirit suppressed. “Long hours commuting just to

spend 12 hours a day sitting at a desk in front of a computer left me unfulfilled,” he explains.

“Owning my own business allows me the freedom to make my own decisions and reap the rewards of my

hard work.”

Mr. Iannuccilli chose this particular franchise for a variety of reasons. First, because the product itself, including the flooring, cabinets

and storage solutions, is highly competitive and superior in today’s market. Being an entrepreneur also gives Mr. Iannuccilli creative

control and most importantly, leaves him with satisfaction “from seeing the homeowner thrilled with the result and appreciative of a

job well done.”

What’s the key and most important piece of advice that Michael has for future franchisees? “Make sure to gauge the level of support

you are going to receive from the franchisor. You need to feel comfortable that the franchisor is going to work with you to become

successful and meet your financial goals. Be wary of franchises that do not charge franchise fees. In my experience, those that

waived the franchise fee provided limited support and were more interested in selling their raw materials then supporting and

working towards the success of the franchisee. What you are paying for in your franchise fee is for the support and the blueprint

to run a successful business. If you are not comfortable that you will receive the equivalent level of support, think twice about

the franchise. You want a franchisor who will be actively engaged in assisting you with your business setup, initial and on-going

training, marketing and has a shared vision of your business.”

Once again, congratulations to Michael Iannuccilli on the establishment of his Global Garage Flooring® business. We wish you much

success in the future!

For more information about the services offered by Michael and Global Garage Flooring (including a much needed reorganization of your garage), please be sure to visit www.GlobalGarageFlooring.com/CentralNewJersey or call Michael at

(908) 892-4045.

3www.BusinessandFranchiseLaw.com

So, you started a business some years ago. Maybe you started off

with one or two partners or brought them in later on, the business

is a success but internally you are faced with a dispute with your

partners. Maybe the dispute is based on a legitimate disagreement

about business expansion or maybe it is brought on by a partner

who is misappropriating assets in the form of hidden distributions,

personal expenses or a competing business.

An All Too Common Scenario...But Armed Guards?

Well armed guards may be a stretch (except if you are Kathleen

King) but this “partnership dispute” senario is

all too common and known by far too many

business owners - including Kathleen King of Tates

Cookies. Ms. Kings’s story and how she built not

one - but two successful businesses - and how

she responded to her own partnership dispute is

quite impressive. Prior to establishing the highly

successful “Tates Cookies”, Kathleen King started

“Kates Cookies” and her self named business was

quite a success. She later brought in partners

and after some disagreement was faced with a

partnership dispute that left her locked-out. In a

New York Times Article written by Alex Witchel, “One Tough Cookie:

How Kathleen King Built Her Chocolate Chip Empire”, we learn some

more about what Ms. King went through in her own partnership

dispute:

...a business deal with partners went bad, and she ended up in

debt. She lost the building, along with the right to the cookies with

her name on them. And then it got personal. The partners hired

a security guard and got a restraining order to prevent her from

entering the store...

A Court Ordered Lock-Out...Losing the Rights to Your Own Name?

Well we dont know all the facts surrounding Ms. King’s dispute

but indeed injunctions (court orders) do play a pivotal role in

partnership disputes. But the compelling story is what happend

next...Ms. King moved on and founded another successful

cookie business. Sure she may of lost the right to use her own

name (Kates Cookies) but she went on to establish “Tates

Cookies” and in doing so proved that for many (including the

many clients that we have seen) success cannot be stopped -

even by business partners that “just dont get it”.

Is There a Proven Course of Action for Dealing with Partnership Disputes?

Sort of like “Standing Orders for Army Rangers” there are a

series of facts, steps and procedures that must

be evaluated by business owners both prior to

and after engaging in a partnership dispute.

In Kate’s senario I wonder if she and her legal

team had taken a more aggressive proactive

approach (i.e., be on the offensive and be the

one seeking an injunction) whether or not the

legal outcome would of been different. We

dont have enough facts to know.

However, one thing that I have seen is

that this negative situation (fighting with

business partners) in many cases may become

unavoidable but if handled properly can set the groundwork

for future success. Katleen King is certainly proof of that.

Learn More:If you are faced with a business lock-out or partnership dispute, learn more about Charles N. Internicola’s “standing orders” for effectively dealing with a partnership dispute and order a completely complimentary copy of Mr. Internicola’s book “The Partnership Dispute Guide”. Also, to learn more about “Important Factors to Discuss with Your Lawyer when Faced with a Partnership Dispute”, visit www.BusinessAndFranchiseLaw.com.

BUSINESS LAW

WHAT IF YOUR PARTNERS HIRED ARMED GUARDS TO LOCK YOU OUT OF YOUR BUSINESS?

CONNECT WITH US!

4

—Mark Twain“Courage is resistance to fear, mastery of fear, not

absense of fear.”

IN THIS ISSUE

1000 South Avenue | Suite 104Staten Island, NY 10314

1.800.976.4904www.BusinessandFranchiseLaw.com

“ENDWISE: THE GUIDE TO SELLING YOUR BUSINESS WITH PEACE OF MIND” BY BRIAN. A LINCER, ESQ.If you are a business owner who is considering the potential sale of your business, be sure to order your copy of Mr. Lincer, Esq.’s latest book “ENDWISE: The Guide to Selling Your Business With Please of Mind”.

Order a complimentary copy by visiting www.BusinessAndFranchiseLaw.com or call 800. 976. 4904.

INTERSECTION OF BUSINESS AND LAW Thinking Big and Taking Action When Faced With Adversity. PAGE 1

BUSINESS LAW What if Your Partners Hired Armed Guards To Lock You Out of Your Business? PAGE 3

BUSINESS SPOTLIGHT Our client, Michael Iannuccilli’s leap into entrepreneurship with Global Garage Flooring. PAGE 2

RESOURCE “ENDWISE: The Guide to Selling Your Business With Peace of Mind by Brian A. Lincer, Esq. PAGE 4

RESOURCE

QUOTE OF THE MONTH

THE INTERNICOLA LAW FIRM IS EXPANDING!

We are pleased to announce that we are expanding for 2014. Currently, we are constructing our new offices located in the same building just a little bigger.

We look forward to welcoming our clients to our new offices! Construction should be complete by March 2014.

NEWS