The Importance of Legal Literacy to Your Business

“In a monumental verdict, a jury recently awarded Apple $1.05 billion dollars in damages, determining that Samsung copied the technology used on the iPhone and iPad. Christian Louboutin did not make out as well in its case against Yves St. Laurent. Despite having applied for a trademark for their brand-defining red-soled shoes, the court found that Louboutin could not impede the creativity of other designers and granted Yves St. Laurent the right to copy the well-known fashion statement. From smart phones to high heels, song lyrics to Spider-Man, possessing copyrights, patents and trademarks is the first line of self-defense, as well as highly lucrative.” Alexandre Montagu

Does your company have trademarked or copyrighted products, or are you using designs or technologies that may overlap those of other companies? Then intellectual property is a topic that you ignore at your own risk.

In Montagu’s new book, Intellectual Property, he looks at the dangers and opportunities inherent in this complex arena. Among the major areas that he investigates are:

  • Protecting your brand online – this includes domain name strategy, cybersquatting, fraud and impersonation online.
  • Online copyright infringement – this includes areas like piracy, peer-to-peer sharing and policing piracy online.
  • Indentifying, protecting and monetizing your intellectual property, especially in the industries of fashion, art, music and entertainment.
  • The next step in national security – this involves the well-publicized topic of cyber warfare and cyber attacks on corporations.

In our next Soundview Live webinar, Money and Power in a New Era, Alexandre Montagu will explore the pitfalls of being caught unaware of Intellectual Property law. “Whether it’s the trade secrets of a hedge fund’s algorithms, the copyrights or patents underlying the smart phone, the trademarks that protect well-known brands, intellectual property bastes the modern economy,” he says. Through fascinating anecdotes and compelling court cases, Montagu brings home just how important legal literacy can be for your business.

Why So Many Predictions Fail – But Some Don’t

THE SIGNAL AND THE NOISE

NO NOISE WITH THIS BUZZWORTHY BOOK

Nate Silver, the creator of the New York Times political blog FiveThirtyEight.com, is probably America’s most well-known statistician, especially after his assertion that a 300-plus electoral college vote victory for Barack Obama was highly probable proved correct. In The Signal and the Noise, Silver explores a wide variety of areas — including electoral politics, sports, weather, terrorism, war and gambling — in which prediction plays a major role. He examines some of the major failures, from Pearl Harbor, 9/11 and the 2008 financial crisis to a whole series of failed earthquake forecasts, to try to understand what went wrong and what can be learned for the future. The problem is not the lack of data — today there is an almost endless supply of information on any topic or question. Instead, the problem is learning how to interpret the information, paying attention to the right information and recognizing the rest as just distraction — in other words, recognizing the difference between a predictive signal and the distracting noise.

Colossal Misinterpretation

Silver begins by examining one of the most colossal errors in prediction in recent times: the world financial crisis that no one predicted. As Silver explains, the signals were present, but were dismissed. As analysts and decision-makers watched continuously rising house prices, they failed to see the potential for a bubble; as they watched the explosion of mortgage-backed securities, they failed to understand the risk of those securities; as they started to consider the potential of a housing crisis, they failed to see that such a crisis could trigger a global financial crisis; and as they dealt with the financial crisis, they failed to predict the long-term impact.

Be Foxy

For Silver, the best forecasters are going to be “foxes,” rather than “hedgehogs.” The metaphor comes from Isaiah Berlin’s famous essay, “The Hedgehog and the Fox.” Hedgehogs believe in big governing ideas from which everything flows, Silver writes. Foxes, on the other hand, believe in little ideas and multiple approaches. Hedgehogs are specialized, stubborn and confident. Foxes are multidisciplinary, self-critical and cautious. The principles of Silver’s FiveThirtyEight blog reflect his “foxy” approach to forecasting. Instead of confidently making one specific forecast and sticking to it, especially if it’s different from what everyone else is saying, Silver offers a range of probable outcomes and is willing to change the predictions in light of new information.

The Human Factor

Despite his mastery of data, Silver notes that the human factor is equally important in making the right predictions. “What is it, exactly, that humans can do better than computers that can crunch numbers at 77 teraFLOPS?” Silver asks, as he considers two meteorologists staring at every screen on the forecasting floor of the National Weather Service headquarters. The answer: “They can see.”

Of course, they can also misinterpret what they see. But Silver is hopeful for the potential of predictions as long as those making the predictions, he writes, adhere to the principles of an 18th century English minister called Thomas Bayes. In a chapter titled “Less and Less and Less Wrong,” Silver describes the probabilistic theory of Bayes, in which someone makes a prediction, looks at the new evidence, confirms or changes the prediction, looks at the new evidence, confirms or changes the prediction, each time getting closer to making the correct prediction. As Silver explains, Bayes taught us that we learn about the universe “through approximation, getting closer and closer to the truth as we gather more evidence.” Bayes theorem implies that “we must become more comfortable with probability and uncertainty,” he writes. “We must think more carefully to the assumptions and beliefs that we bring to a problem.” As Silver demonstrates in detail in such diverse areas as sports, global warming, and terrorism, the more predictions are based on a Bayesian approach, the more likely they are to come true.

The Signal and the Noise is a sprawling, dense book that is as filled with stories and personalities as it is with data. This book will fascinate those who care about what is happening in the world — or what may happen.

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Take the Fear Out of Business Finances

So you finally got that promotion and today is your first day attending the management meeting. As you sit down among your new peers a thick report is passed out filled with numbers. These are the monthly financial reports and as you look through them you’re completely lost. What does it all mean and am I going to be asked to comment on these numbers?

Don’t panic. There are simple ways to get up to speed with the basics of business finances. You could enroll in a business finance course but that would take too long. Or you could read the book No Fear Finance by Guy Fraser-Sampson.

Fraser-Sampson takes the fear out of understanding business financially concepts and reports. In a very clear and methodical way he goes through all the basic information needed to understand and use and understand financial reports and tools.

Early in his book Fraser-Sampson distinguishes between Financial Accounts and Management Accounts. Financial accounts are used to report about a company to outsiders like shareholders, while management accounts are used by management to make business decisions.

Other topics covered include:

  • Basic financial concepts such as the time value of money, and financial instruments including stocks, bonds and derivatives.
  • The main investment concepts like liquidity, volatility, active versus passive investing and different return measurements.
  • Key accounting matters like balance sheet and income statement analysis, working capital and solvency.
  • Company life cycle events including M&A, capital raising, insolvency.

If you would like to get a head start on understanding business finances, please join us for our next Soundview Live webinar, No Fear Finance. Guy Fraser-Sampson will explain basic financial concepts for business use, and will take questions from the audience. Now is a great time to get your burning questions answered in a low-pressure environment.

Is Your Company Optimized?

In 2008, UPS wanted to increase the fuel efficiency of its 88,000 delivery trucks. With such a large fleet, even an incremental increase in fuel efficiency would result in major savings for the company. One efficiency problem that UPS discovered was the amount of time the trucks idled while waiting to make left-hand turns. Using special optimization routing software, UPS was able to redraw its delivery routes to favor right-hand turns. As author Steve Sashihara writes in The Optimization Edge: Reinventing Decision Making to Maximize All Your Company’s Assets, “In 2005, the software helped UPS eliminate 464,000 driving miles in Washington, D.C., alone, saving 51,000 gallons of fuel.”

UPS is just one of many winning companies, writes Sashihara, that illustrate the power of what he calls optimization, which he defines as “a decision-making process and a set of related tools that employ mathematics, algorithms and computer software not only to sort and organize data, but to use that data to make recommendations faster and better than humans can.” Optimization, he writes, allows companies to “squeeze every ounce of value” from their assets.

According to Sashihara, the best companies — the ones that have been able to beat their competitors and stay on top even during the worst of the economic downfall — are those that have taken full advantage of the optimization edge. Today, executives need, more than ever, to look at their companies and determine where there might be opportunities for optimization initiatives. Key questions for executives include:

  • What are my company’s underutilized assets? For example, train capacity for a railroad or the face time that a pharmaceutical company’s sales reps spend with doctors might be optimized to bring greater value for the company.
  • Where and how are repetitive decisions about key assets being made in my company? Improving the accuracy of those decisions by even 10 percent could have a major impact on profitability.
  • How accurate are our forecasts?

If you would like to learn how you can make the most of your assets, join us on September 22nd for our webinar with Steve Sashihara entitled How to Maximize Your Company’s Assets. Steve will provide examples of other companies that have found efficiencies through his 5-step methodology for optimization. A 60-minute investment of time will be well worth it if you can save your company thousands of hours and dollars.

A FREE Resource You HAVE to Use!

There’s a reason I tend to conclude my posts by telling everyone to visit Soundview’s Web site, Summary.com. The site is regularly updated with information about newly released executive book summaries, book reviews (1,000 FREE reviews and growing!), upcoming Soundview Live Webinars and other great business learning resources.

I’ve got great news about another new resource available at Summary.com. How much do you think it would cost to attend an event where you hear vital business lectures from speakers such as Bill George, Patrick Lencioni, Jeffrey D. Sachs, Paul Krugman and David M. Rubenstein, among others? The event is the World Business Forum, and a ticket can cost as much as $2,500.

Fortunately, Soundview has partnered with HSM Global, producers of the World Business Forum, to bring you exclusive audio summaries of the event’s major speakers. These audio summaries are available for you to listen to for FREE!

Each audio summary is a 10-minute MP3 that features a narrated overview of the speech. The summary includes actual clips from the live speech given by the presenter at World Business Forum. If these tough economic times meant that you weren’t able to spend $2,500 on a ticket to the World Business Forum, these FREE audio summaries allow you to hear what you missed.

I need to stress here that you do NOT have to be a Soundview subscriber to listen to the World Business Forum audio summaries. These exclusive content pieces are FREE for everyone to learn from and enjoy. In fact, I’d recommend starting with Patrick Lencioni, whose latest book Getting Naked: A Business Fable About Shedding the Three Fears that Sabotage Client Loyalty is now available as a Soundview summary!

To listen to the audio summaries from the World Business Forum, CLICK THIS LINK!