A July 26, 2009 Houston Chronicle article authored by Chronicle reporter Allen Reed states that thousands of out-of-work Houstonians stood in line for hours in 90-degree heat as they attempted to land a government job.  According to the article, ambulances were called to carry away a handful of job-hunters who were overcome by the heat, crowds and wait.  The Houston federal job fair was hosted by U.S. Rep. Sheila Jackson Lee and sought to bring home government jobs created by President Barack Obama’s stimulus plan.  As stated in the article, more than 3,100 people attended and hundreds lined up outside the building.  The turn out was reportedly double the number expected.  Sheila Jackson Lee said the turnout was overwhelming and she plans to hold a second job’s fair in the fall.  She also said that Houston is facing its largest level of unemployment since 1987 and that Houstonians looking for work should keep an open mind about relocating.  In this regard, the article reported that the Houston area lost 69,600 jobs between June 2008 and June 2009.

The Texas Workforce Commission announced in a July 17, 2009 Press Release that Texas’ seasonally adjusted unemployment rate rose to 7.5 percent in June, but remained below the national rate of 9.5 percent.  The Texas unemployment rate was 7.1 percent in May.  According to the Press Release, education and Health Services represents the strongest industry for job growth over the year with 57,300 jobs added since June 2008.  Idustries hardest hit were Trade, Transportation and Utilities, which dropped 21,700 jobs in June, followed by Professional and Business Services with a loss of 11,900 jobs.  As stated in the TWC Press Release, Texas has recorded a net loss of 266,300 jobs in the past 12 months, compared with job losses of 5.7 million nationwide during the same period.   A TWC Commissioner quoted in the Press Release stated that “TWC has hired additional employment services staff to help Texans who are out of work at this time find employment … With workforce centers and staff located across the state, jobseekers can turn to TWC and the 28 workforce boards for assistance.” 

For further information about the TWC and services it offers, call (512)463-8556 or visit the TWC website at www.texasworkforce.org .

The U.S. Department of Justice (”DOJ”) announced in a July 1, 2009 Press Release that Beazer Homes USA Inc. has agreed to pay the United States $5 million dollars, plus contingent payments of up to $48 million dollars to be shared with victimized private homeowners, to resolve allegations that it, and Beazer Mortgage Corp., were involved in fraudulent mortgage origination activities in connection with federally insured mortgages.  See, http://www.usdoj.gov/opa/pr/2009/July/09-civ-654.html .  According to the DOJ Press Release, the settlement is in conjunction with a Deferred Prosecution Agreement entered into between the companies and the U.S. Attorney’s Office for the Western District of North Carolina.  The Deferred Prosecution Agreement provides for restitution to private homeowners who were victims of the companies’ alleged fraudulent activities, as well as to the Federal Housing Administration.

A Georgia Superior Court judge has ruled in a lawsuit that Turner Broadcasting System Inc. must pay David McDavid, a Houston Texas businessman, $281million.  A jury awarded that amount in a verdict last year. Judge Tom Campbell denied Turner’s request to overturn the verdict in favor of the Plaintiff, who accused the company of cheating him out of buying the Atlanta Hawks, Atlanta Thrashers and Philips Arena operating rights.  In 2003, McDavid signed a letter of intent with Turner, a unit of Time Warner Inc., to purchase the teams.  But in September 2003, Turner Broadcasting announced that it was selling the teams and the arena rights to an unrelated ownership group, the Atlanta Spirit.  The lawsuit was subsequently filed that resulted in a verdict for the Plaintiff and against TBS.  National Law Journal 2009.

Thinking of starting a small business? You’re on the right track. There’s a lot of thinking to be done before you start your own business.

Starting a small business is one of those huge, life-altering events. Think of it as a marriage; running a successful small business takes the same depth of commitment and desire. As in a marriage, you’re going to be living with your business 24 hours a day, 365 days a year. There is no such idea of getting off from work.  You must be passionate about the industry you get into before beginning.  Like any relationship, if you want your small business to be successful, you’re going to have to work at it. And it’s going to have its ups and downs and surprises.

But on the positive side, if you’re the right person with a solid plan, starting your own business can be the most satisfying, exhilarating experience of your life.

Check Yourself

The first step is to examine whether or not starting a small business is right for you; not your neighbour, friend, coworker, or whoever else is trying to tell you that you should start your own business. Do not start a business because it is the new trend.  If everyone else has heard about it, you may want to reconsider.

The main quality that you have to have to start your own business is a burning desire to do it. Running a small business isn’t for the ambivalent or indifferent. You have to really, really want to be your own boss, transform your dream into reality, or market your product or service.

Ask yourself three basic questions:

(1)  you really want to operate independently and be the person making all the decisions and shouldering all the responsibility?

(2) Are you willing to work hard and make the sacrifices starting a small business entails? Sacrificing time and money?

(3) Do you have the self-confidence and self-discipline that will enable you to persevere and build your new enterprise into a success?

If you’ve answered “no” to any of these, you’re probably not ready to start your own business. Overnight success stories are just that… stories. The reality is that success is won through hard work over time.

If you answered all three of these basic questions positively, then you’re ready to think seriously about starting a small business. But not everyone who wants to start a small business is cut out to actually run a business. Are you enough of an entrepreneur? 
Are you an entrepreneur? There are certain traits and attitudes that make some people more suited to running a successful small business than others. In one study where entrepreneurs were given a list of attributes and asked to rate their importance for success, the seven most highly ranked qualities were perseverance, the desire and willingness to take the initiative, competitiveness, self-reliance, a strong need to achieve, self-confidence, and good physical health

None of these are particularly surprising; you’d expect a person who was a successful entrepreneur to be self-reliant and self-confident. The qualities that the same group of entrepreneurs ranked as least necessary for success may surprise you, though; a strong desire for money, patience, being well organized, and having a need for power all ranked at the bottom of the list.

Small Business Owners must emphasize qualities such as persistence, self-confidence, and flexibility. For instance, entrepreneurs “believe that they control their own destiny, they refuse to be at the mercy of others or of events. As a result, they take the initiative in starting projects and getting ideas off the ground.

According to Counselors to America’s Small Business,

• There were 637,100 new businesses, 560,300 business closures and 28,322 bankruptcies.
• Two-thirds of new employer firms survive at least two years, 44 percent survive at least four years, and 31 percent survive at least seven years.
• Findings do not differ greatly across industry sectors.

Sources: U.S. Small Business Administration Office of Advocacy, September 2008
Survival and Longevity in the Business Employment Dynamics Database, Monthly Labor Review, May 2005. Redefining Business Success: Distinguishing Between Closure and Failure, Small Business Economics, August 2003.

The spirit of being an entreprenure encompasses dedication, discipline and determination.
Feeling better now, you wouldn’t be reading this article if you weren’t a self-confident, energetic person who enjoyed challenges. But even if you have every entrepreneurial quality every study has ever listed, you won’t get anywhere if you’re not equipped to put all those positive traits into action. What are the abilities you need to succeed when you start your own business?
What abilities do you need to have to succeed in starting a small business? According to studies conducted by the Bank of Montreal Institute for Small Business, “The Six Success Factors” for starting a small business are self-motivation, business and industry knowledge, organization and management capabilities, marketing skill, customer/vendor relations, and vision.

Business and industry knowledge should be near the top of anyone’s list of requirements for small business success. After all, how many skis or snowboards are you going to sell if you don’t know anything about the products or the sport? You can acquire this knowledge through trial and error when you start your own business, but you will probably have to declare bankruptcy before you learn all you need to know.  In my opinion, lack of knowledge is one of the prime reasons so many new business fail.

It’s logical that organizational and management abilities are also absolute necessities for business success. You’re not going to be able to satisfy many (if any) clients or customers without these skills, and you’ll certainly quickly run afoul of the Texas Secretary of State And Revenue Agency without them!

People keen to start their own businesses sometimes forget about the managerial and administrative skills necessary to run a business; if you’re going to start a successful small business, you need to have or develop expertise in money management, managing people, directing business operations, and directing sales and marketing operations. Accounting and Bookkeeping Resources and Cash Flow Management will help you learn how to manage these aspects of starting a small business.

Investing the time to learn the skills you need before you start your own business is especially wise because once you’ve decided to put so much energy into starting a small business, you’re going to want it to develop into a viable, thriving enterprise. Sadly, there’s a large percentage of small businesses started in Houston each year, however eighty-nine percent fail annually.

Most small businesses fail because of mismanagement. Most businesses fail because of weak general management, weak financial management, or weak marketing capabilities. How do you avoid business failure when you starting a small business? Preparation and planning are key.

This article is all about the first step in preparing to start your own business, exploring your attitudes and abilities to determine whether or not you want to start your own business. From here, if you’ve decided that starting a small business is right for you, the next step of preparation is to decide what kind of business you want to start, and begin working on your business plan.

What do you really want to do and why do you want to do it? “Do what you love” is still sound advice; having a passion for what you do will fuel your commitment and give you the energy you need for the long haul. Thinking of starting a small business? What is your “burning desire” and how can you shape it into a reality that will provide you with both satisfaction and a profit? That’s really the only question you have to answer to start your own business.

According to a 2008 Texas Class Action survey, the number of class actions that have survived apellate scrutiny have plummeted since the Texas Supreme Court’s opinion in Southwestern Refining Co. v. Bernal, 22 S.W.3d 425 (Tex.2000).  See, Bayer, Mark, “2008 Annual Survey of Texas Class Action Cases,” Texas Business Litigation Journal, Vol. 31, No. 1, Winter 2009, p. 22.  In this regard, the article reports that Texas class actions are an endangered species and that the small number of appellate decisions in 2008 supports the notion that the Texas class action is on life support.  Id.   The few appellate decisions addressing certification issues in 2008 placed additional barriers to class actions in Texas, and, as stated in the article, the supreme court held that a putative class action case should be dismissed before certification for lack of standing because a named plaintiff’s claim was too remote.  Id.  In addition, the article stated that the supreme court also decertified two of three proposed subclasses in a case brought by royalty owners against a natural gas producer.  Id.  In the courts of appeals around the state, less than a handful of decisions reportedly addressed certifications issues and the few decisions all rejected class actions.  Id.

The Houston Chronicle reported on May 3, 2009 that the recently unemployed are discovering that layoffs mean more than lost income as they strip away routines and social structures, leaving many people feeling trapped at home and in a rut.  See, Latson, Jennifer, “Layoffs Cut Deeper Than Just Income,” Houston Chronicle, 5/3/09, p. 1.   The shine of having new found freedom may be shortlived as job prospects dwindle and leisure time turns to lethargy exacerbated by daily frustrations and disappointments. Id. at A8.  According to the article, career counselors urge the recently laid-off to keep up the routine they are used to even though they are no longer going to work.  Id.  One counselor quoted in the article suggested that job seekers work full time on their search, meaning put in at least 40 hours per week.  Id.  In this regard, the counselor stated that the best way to make sure you will stay active and focused is to make sure someone holds you accountable.  Id.  Other means of maintaining motivation can include exercise and reading self help publications.

According to the April 9, 2009 issue of The Houston Sun, African American principals in a ten-year old construction company have filed a racial discrimination lawsuit in a Mississippi federal court against Toyota of North America, the State of Mississippi Development Authority and the Governor of Mississippi, alleging that their Jackson, Mississippi company was denied the opportunity to bid on the Toyota Plant construction project in Blue Springs, Mississippi as a prime contractor.  See, “Mississippi Minority Contractors File Civil Action Against Toyota of North America,” The Houston Sun, 4/9/09, p. 3.  An attorney for the plaintiffs was quoted in the article as saying that the bid process was racially discriminatory and is in violation of the Civil Rights Act of 1866, as codified at 42 U.S.C. Section 1981.  Id. 

Whether race discrimination in minority contract processes occurs in Mississippi, Texas or elsewhere, minority contractor discrimination victims may consult an attorney to determine if a discrimination lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential discrimination claim.

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Aenean at risus nec urna convallis cursus. Phasellus risus. Donec pretium ipsum sed libero. Sed vulputate ipsum. Fusce porttitor mi et lorem consequat pharetra. Vivamus orci quam, vehicula in, pulvinar id, blandit et, justo. Suspendisse dignissim dignissim enim. Sed nisl velit, tempus sed, condimentum ut, porta eu, ante. Aliquam eu velit eget libero porttitor dictum. Etiam egestas libero ac elit. In hac habitasse platea dictumst. Phasellus velit ante, molestie accumsan, tempus eget, malesuada vitae, nulla. Nulla facilisi. Quisque ligula. Aenean tempus libero eu tellus. Vivamus at lacus. Cras elementum risus vel magna. Integer fermentum ultrices ipsum. Pellentesque mi leo, aliquam in, scelerisque vitae, interdum eget, dolor. Curabitur condimentum.

Here is a block quote …

Ut nisi est, malesuada eget, tincidunt consectetur, consectetur id, neque. Donec molestie fringilla massa. Integer a est id est aliquet mollis. Nulla facilisi. Integer suscipit odio eu diam. Vivamus tincidunt lectus ac neque. Proin ac eros. Donec eleifend. Cras tempor. Nam pellentesque, dolor ac condimentum convallis, ligula mauris adipiscing purus, ac bibendum augue nulla sit amet justo. Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. Quisque metus est, gravida nec, tincidunt nec, posuere sit amet, neque. Duis sodales. Phasellus pellentesque feugiat mi. Curabitur pharetra purus ac quam. Mauris quis felis. Aliquam eros odio, rhoncus elementum, blandit vel, commodo nec, mi. Donec ligula tortor, pretium quis, vulputate vitae, dignissim ut, tortor. Nulla facilisi. Sed elementum.

Quisque tincidunt. Duis lacus. Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. In tristique felis eu felis. Integer euismod, lacus non accumsan aliquam, mauris dui luctus nulla, ac condimentum ipsum nisl eu enim. Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere cubilia Curae; Praesent ac lacus eget est commodo vestibulum. Ut consequat fringilla neque. Nam eget massa. Vivamus diam mauris, sodales at, ullamcorper id, iaculis vitae, dolor.

Pellentesque ut libero. Aenean semper nunc ut elit. Ut venenatis, lorem nec pretium facilisis, purus est sagittis mi, id molestie orci tortor vehicula ligula. In consectetur urna ut risus. Proin tincidunt tincidunt libero. Nullam convallis nunc sit amet libero. Fusce semper, risus quis adipiscing auctor, turpis velit mollis nisl, nec mollis sapien turpis eu elit. Aenean sollicitudin consectetur lectus. Integer vel lorem. Donec vehicula lacus ut quam. Duis nulla nisl, dapibus a, consectetur eu, rutrum sed, metus. Morbi tortor quam, tempus at, interdum at, commodo non, mauris. Fusce odio eros, vulputate sit amet, bibendum nec, hendrerit in, orci. Nulla lectus dolor, ultrices non, vehicula a, pharetra sed, nibh. Maecenas tincidunt, velit vel tempor pellentesque, nisi odio iaculis dolor, eget commodo augue nulla vitae metus. Nulla lacus.

Nulla eros mauris, lobortis at, pharetra ultricies, commodo a, elit. Curabitur eget libero at ante semper pulvinar. Cras non tellus. Morbi aliquam orci et dolor. Donec sodales mi nec tortor. Duis imperdiet ornare eros. Suspendisse sapien est, fermentum id, commodo in, eleifend id, dolor. Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere cubilia Curae; Curabitur at dui. Nunc rutrum, nulla vel commodo rhoncus, felis mauris bibendum magna, ac sodales felis orci eget libero. Donec fringilla erat nec ligula. Cras vel metus at ipsum pharetra facilisis. Aliquam ornare arcu at elit. Sed quis odio in leo ullamcorper placerat. Fusce eu orci. Suspendisse sit amet augue ut ante rhoncus placerat. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Integer eros orci, condimentum eu, ultricies non, vulputate et, quam. Nulla facilisi.