1/11/2015

The "Not So Secret" Secrets of Success

By Terri Seymour

Have you ever heard of the "secrets of success"? Many times people are trying to sell you these "secrets" for a very high price! Well, in my five years of Internet marketing experience, I haven't learned any "secrets".

These so-called "secrets" are mostly common sense and hard work. We all know these "secrets". We just have to apply them and use them consistently.

"Secret" #1 - People

Dealing with people can be hard, but we all know we must be courteous and professional. You need to accept the fact that you cannot please everybody. When you come across one of these people you cannot please no matter what you do, just deal with them firmly, but courteously and professionally. Not a "secret"!

MOE Motto -Treat people as you would like to be treated!

"Secret" #2 - Passion

We all know that we need to like we do in order to be really successful at it. If you are interested in pets do not start a business dealing with cars! ;-) Building an online business will take a lot of passion to get through the frustration, obstacles, and other difficulties. There will be many times when we will need our passion to get us through! Not a "secret"!

"Secret" #3 - Customer Service

Another "secret" is to treat the customer with respect and courtesy. It will not be easy to deal with difficult customers this way, but it can be done. I have worn down some of the nastiest customers by a continuing campaign of courtesy, politeness and professionalism!

Each time I dealt with this one lady, she was less and less rude and upset and more relaxed and easy to deal with. Eventually, she was thanking me and praising me for being so helpful and nice. Don't be condescending and don't let yourself get upset. Remain calm, yet be firm and respectful. Not a "secret"!

"Secret #4 - Promotion

To build a business, people must know that you and your business exist. Advertising, promotion and networking are how this is done. Set up a promotion schedule and stick with it. Be consistent. This may get tedious at times, but it must be done!

Write and submit articles, publish an ezine, get listed all over the web, do link exchanges, swap ezine ads, compile a free ebook for viral marketing, subscribe to announcement lists, visit message boards, get involved in discussion groups...there are hundreds of ways of promoting yourself and your online business! Not a "secret"!

"Secret" #5 - Hard Work

Despite what many people have said, it is not easy to "get rich overnight" and "making thousands a week, while doing nothing" just doesn't happen. To be successful you will need to work and work hard. This is where passion for your work comes in! Not a "secret"!

"Secret" #6 - Commitment

Expanding on the hard work "secret", you will need to make a commitment to success. You must be willing to make sacrifices and work long hours. This will not happen overnight...it could take years. Are you prepared for years of frustration, hard work, ups and downs, dealing with people (good and bad), rejections, and everything else that comes along with building a business? Not a "secret"!

"Secret" #7 - Pride

Take pride in your work. Your work and your business will be a reflection of you. Build your reputation for a solid foundation of success. Be true to yourself and your business. Not a "secret"!

"Secret" #8 - Goals

Be aware of what you want and how you want to get it. Do not go blindly into business without some planning of your goals and accomplishments. Use short term smaller goals to eventually reach your long term ultimate goal of success. Not a "secret"!

So we know in order to start and build a business, we must plan our goals, be prepared for the work and commitment of building that business, and that we must build a reputation of trust and professionalism.

I know we all knew that. It just helps to be reminded once in awhile! ;-)

Terri Seymour (also known as "The eBook Lady") has over ten years online experience and has helped many people start their own business. Visit her site at http://www.seymourproducts.com for resources, $1 resell ebooks & software, free tutorials, affiliate programs, free ezine and free business ebook with Master Resell Rights. http://www.seymourproducts.com/free.shtml

Article Source: http://EzineArticles.com/?expert=Terri_Seymour

Secrets and Their Problems

By Catherine Franz 

Having our own secret secrets, ones that you never dare tell anyone else, creates emotional stress. When they build, they ruin your health. They can make you angry with people, and even at the whole world in general.

Knowing secrets about other people creates drama and builds excitement. It is also a trillion dollar industry. Just look at the tabloids.

Four elements create the formula that builds into a guarded and destructive secret:

Guilt + Fear + Judgment + Person = Secret

Secrets need to be let go and there are three ways to do just that:

1. Talk with a therapist.

2. Talk to the person that the secret is connected too. Maybe you need to apologize or ask for forgiveness. Maybe you feel they need to. You will usually find that they were feeling the same thing. Use an intermediary, like a coach, or a therapist, or someone trained to stay neutral and guide the discussion if needed.

If the person is deceased, then talk with someone you trust implicitly like a coach or therapist. Let them provide feedback on what they are hearing in-between the lines and give some course of action suggestions.

3. If it was something they did to you, find out more about that person, what was their life like, who were they, what pressures did they have in their life, what were their goals.

Most individuals who journal will only write entries up to a certain boundary and then stop. They will not go into their deep downright embarrassing secrets. Yet, these very same secrets stop us from being the stars of our own life.

Secrets make you sick; they place barriers in between you and your goals. Even in your relationships when they actually have nothing to do with that person.

Holding onto other people's secrets is dangerous. Someone at work tells you something in secret. Now you walk around with THEIR weight on your shoulders. What a burden you are carrying.

Built over time, with this person sharing and the next sharing, you either can't hold them in any longer or forgot whose what to whom and they just slip out. Of course, losing their trust in the process, and usually their fake friendship. When these build over time, it affects sleeping habits, eating habits, and even thinking clearly. Many people don't even know this is what is occurring. They blame it on the weather, working too hard, someone else, and worse yet, themselves.

When someone wants to share a secret with you, don't get into the drama and excitement of the moment. The price is too high. Tell them, "No, thank you." Tell them this story and about the price that is paid. Stop the process. Start nipping it in the bud. You don't need this, and you don't want people who fuel their life by pushing their secrets on you. Because when they give you their secret, they no longer carry the weight, you now carry their weight. This is exactly why people want to give away their secrets, because they are too heavy for them.

You will definitely walk taller and carry a lot less weight on your shoulders. In addition, sleep much better at night.

Oops, got off the topic of journaling here -- so, let me get back on track.

If you're secret is that powerfully deep, then write it down on separate paper, and burn it afterwards. Keep writing about on separate paper and keep burning it. You may need to do it many times until you begin to release the secret from its stronghold, especially if the secret has gone for a long time. People have shared with me over the years that sometimes they had to do this exercise as many as 40 times when it was from long ago or the secret was big.

Do the same if you hold the secret for other people. If you have enough courage, give the secret back to them. Tell them you don't want to hold their secret anymore and if someone asks you, just say no. No explanation necessary. Now, that takes a lot of courage but it sure does make a HUGE difference in who you are and your confidence. It will also make you think quickly before you accept another new secret.

Now, I didn't say this process was going to be easy. Then it isn't that hard either. You pick up the pen, start with one secret, work through that one, and then burn it in a ritual over the sink. Others will bubble up afterwards because our soul is recognizing an opportunity to free itself. To feel lighter and it will jump at the chance. This will work, guaranteed! All you have to do is do it once and you will see.

If you are overweight, you will probably find yourself stop stuffing your face trying to bury the secrets with food. That's a good thing. I've known many a client and friend, who once started working on this loose many, many, pounds.

Catherine Franz, a Certified Marketing and Writing Coach, specializes in product development, Internet writing and marketing, nonfiction, training. Newsletters and articles available at: http://www.catherinefranz.com blog: http://abundance.blogs.com/intothelight

Article Source: http://EzineArticles.com/?expert=Catherine_Franz

Texas Theft Liability Act - Providing Civil Remedies for Criminal Theft of Trade Secrets

By Darin M Klemchuk

The Texas Theft Liability Act (TTLA) was enacted in 1989. See Tex. Civ. Prac. & Rem. Code § 134.001. The TTLA was introduced because, although theft was criminalized under the Penal Code, there were no provisions for civil liability of theft. Committee Report on S.B. 269 p.2.; Cooper v. Sony Music Entertainment, Inc., 2002 U.S. Dist. Lexis 3832, *16 (S.D. Tex. February 22, 2002) ("[T]he Texas Penal Code does not provide a private right of action."); Aguilar v. Chastain, 923 S.W.2d 740, 745 (Tex. App. Tyler 1996) (writ denied) ("[T]he Penal Code does not create private causes of action, and a victim "does not have standing to participate as a party in a criminal proceeding.") This was particularly true for trade secrets, even though trade secrets are generally considered to be rights in the nature of property rights. The only way a party could seek to enforce those rights prior to the passage of the TTLA was through tort or contract principles. IBP, Inc. v. Klumpe, 07-00-0221-CV, 2001 WL 1456173, 7 (Tex. App. Amarillo 2001). Thus, the legislature sought to provide statutory civil liability for, among other offenses, unlawful appropriation of intellectual property - trade secrets. In support of passage of the act, State Senator McFarland noted in committee that, "statutory civil liability [will] allow for monetary recovery by the victim against the offender, and thus supplement the criminal sanctions." Id.

Under the TTLA, "a person who commits theft is liable for the damages resulting from the theft." Tex. Civ. Prac. & Rem. Code Ã?§ 134.003(a). In addition, "a parent or other person who has the duty of control and reasonable discipline of a child is liable for theft committed by the child." Id. at § 134.003(b). Theft under the TTLA is defined as the "unlawfully appropriating property or unlawfully obtaining services as described... " in Sections 31.1-7, 11-14 of the Texas Penal Code. Id. at Ã?§ 134.002(2) includes Sections 31.03, 31.04, 31.05, 31.06, 31.07, 31.11, 31.12, 31.13, or 31.14 of the Penal Code as covered types of theft. These sections define several different actions that constitute theft, including the theft of trade secrets in Section 31.05.

Under Texas Penal Code § 31.05(a), a trade secret is "the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes." Id. at § 31.05(a)(4).

A person is guilty of stealing a trade secret when he "knowingly (1) steals a trade secret, (2) makes a copy of an article representing a trade secret, or (3) communicates or transmits a trade secret." Id. at § 31.05(b). In order for a defendant to be liable under Ã?§ 31.05, he must have taken trade secrets "without the owner's effective consent." Id. This is defined in § 31.01(3) as:

"Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if:

(A) induced by deception or coercion;

(B) given by a person the actor knows is not legally authorized to act for the owner;

(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;

(D) given solely to detect the commission of an offense; or

(E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property.

I. The Advantages of the Texas Theft Liability Act

The ability to pursue a claim under the TTLA has several distinct advantages over both traditional common law theories of trade secret misappropriation and traditional theft covered in the other sections of the Texas Penal Code.

A. Traditional Theft Statutes

Section 31.03(a), which covers more traditional forms of theft, requires that the perpetrator (thief) intended to deprive the principle (owner) of the goods. Id. at § 31.03(a)("A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property."). See also Falcone v. Texas, 682 S.W.2d 418, 420 (Tex. App. 1st Dist. Houston 1984). Texas courts have routinely required the prosecution to prove this element. In fact, the Court of Appeals for the 1st District of Houston has gone as far as to state that under § 31.03 "[t]he intent to deprive the owner of the property must be proved in order to sustain a theft conviction, and failure to prove it requires reversal." Falcone v. Texas, 682 S.W.2d 418, 420 (Tex. App. 1st Dist. Houston 1984). This is a significant problem in almost all trade secret cases because the plaintiff usually still has possession of his trade secrets. Therefore, the thief is often accused of having only copied the trade secret or having transmitted knowledge of the trade secret to another. Because the plaintiff still has possession of the trade secret, the defendant has not actually deprived the plaintiff of the secret, let alone intended to deprive the plaintiff of the secret. Id. Thus, obtaining a theft conviction under § 31.03 or civil damages under the TTLA in conjunction with § 31.03 would be almost impossible in trade secret cases.

In contrast, § 31.05 eliminates the "intent to deprive" requirement. Furthermore, Section 31.05 covers not only actual trade secret theft but also communication, transmission, or copying an article representing a trade secret. Thus, Section 31.05 anticipates and eliminates potential proof problems by specifically including trade secret theft offenses that would not otherwise be covered under the general theft statute. Id. at 421.

B. Traditional Trade Secret Misappropriation

In addition, under § 31.05 there is no requirement that the accused thief actually use the trade secret. This is particularly significant because one of the three required elements in a traditional misappropriation of trade secrets claim is that "the defendant used the trade secret." Dorsaneo, Texas Litigation Guide § 200.05[1], p. 200-30. There have been several trade secret cases where courts have found no liability simply because the defendant did not use or attempt to profit financially from the use of the trade secret. Under § 31.05, this would not be a problem because the defendant is guilty by simply taking the trade secret.

C. Burden of Proof

Traditionally, criminal charges of theft, including the theft of trade secrets, require that the prosecution prove the offense beyond a reasonable doubt. Shalk v. Texas, 823 S.W.2d 633, 637 (Tex. Crim. App. 1991); Weightman v. Texas, 975 S.W.2d 621, 624 (Tex. Crim. App. 1998). This is not the standard in civil cases. Rather, a civil claim usually need only be proved by the preponderance of the evidence. While this issue has not been heavily litigated, the Texas Criminal Practice Guide has stated that "[b]ecause [an action under the TTLA] is a civil cause of action for damages, it appears that the burden of proving theft would be by a preponderance of the evidence rather than beyond a reasonable doubt." Texas Criminal Practice Guide/Volume 6: Chapters 126-135 SUBSTANTIVE LAW (cont.)/Chapter 127 ROBBERY AND THEFT/I LEGAL BACKGROUND / § 127.03D Civil Liability for Theft (citations omitted).

II. Determining the Applicability of the Texas Theft Liability Act

As discussed above, the ability for a party to bring a claim under the TTLA, with respect to the theft of information, presents numerous advantages for such party. However, as the TTLA pertains in such respect only to the theft of trade secrets, the threshold inquiry for the court is determining whether the relevant information constitutes a trade secret.

To be a trade secret, "the information, design, process, formula or improvement must not only be a secret, but must also be generally unavailable to the public and it must give one who uses it an advantage over competitors that do not know of or use the trade secret." See McGowan v. State, 938 S.W.2d 732,738 (Tex. App.-Houston [14th Dist.] 1996). When determining whether information constitutes a trade secret, courts generally consider factors such as:

(1) the extent to which the information is known outside of the owner's business;

(2) the extent to which it is known by employees and others involved in the owner's business;

(3) the extent of the measures taken to guard the information's secrecy;

(4) the information's value to the owner and his competitors;

(5) the amount of effort or money the owner expended to develop the information;

(6) the ease or difficulty with which the information could be properly acquired or duplicated by others. See Downing v. Burns, 348 S.W3d 415, 422 (Tex. App.-Houston [14th Dist.] 2011); see also, In re Bass, 113 S.W.3d 735, 739 (Tex. 2003).

Based on this stringent analysis, many times the relevant information is held not to be a trade secret.

III. Recovery of Attorney's Fees Under the Texas Theft Liability Act

Perhaps the biggest change that the TTLA brings to plaintiffs is in the area of damages. Under C.P.P.C. § 134.005(a), the TTLA provides that "a person who has sustained damages resulting from theft may recover... from the person who commits theft, the amount of actual damages... and... a sum not to exceed $1,000." This statutory availability of actual damages does not really add anything to what could be recovered under a traditional trade secret misappropriation claim. The real change come in sub-section (b), which for the first time authorizes by statute the recovery of attorney's fees in trade secret theft litigation.

This is significant because the general rule in the United States (including in Texas) is that a party is to bear its own attorney's fees unless there is an express provision in a contract or statute indicating otherwise. This is such a universal rule that it is commonly known as the "American Rule." And the Texas Supreme Court has regularly held that "attorney's fees are not recoverable either in an action in tort or a suit upon a contract unless provided by statute or by contract between the parties."

This has meant that in the past a plaintiff usually had to look to contractual provisions or the discretion of a judge acting under C.P.R.C. § 38.001 to get attorney's fees. Tex. Civ. Prac. & Rem. Code § 38.001 - "A person may recover reasonable attorney's fees from an individual or corporation, in addition to the amount of a valid claim and costs, if the claim is for: (1) rendered services; (2) performed labor; (3) furnished material; (4) freight or express overcharges; (5) lost or damaged freight or express; (6) killed or injured stock; (7) a sworn account; or (8) an oral or written contract." In federal cases, a party can always ask the judge to use his inherent power to sanction the other litigant and award attorney's fees. Dorsaneo p. 200-55. Now, under § 134.005(b), "each person who prevails in a suit under this chapter shall be awarded court costs and reasonable and necessary attorney's fees."

Notably, the TTLA does not define who constitutes a "person who prevails in a suit." Some have argued that a party who ultimately prevails on its claim under the TTLA, even though it recovers zero damages, should be entitled to recover attorney's fees. See, e.g., Johns v. Ram-Forwarding, Inc., 29 S.W.3d 635, 638 (Tex. App.-Houston [1st Dist.] 2000). However, in light of recent cases, a finding of liability alone on a party's TTLA claim, without an award of damages does not bestow "prevailing party" status and precludes the party from recovering attorney's fees. See, e.g., Glattly v. Air Starter Components, Inc., 332 S.W.3d 620, 640-41 (Tex. App.-Houston [1st Dist.] 2010). This line of reasoning stems from the rationale established by the Texas Supreme Court in Intercontinental Group P'ship v. KB Home Lone Star L.P. There, the Texas Supreme Court faced the issue of a contract that provided for attorney's fees for the prevailing party but that did not define "prevailing party." See Intercontinental Group P'ship v. KB Home Lone Star L.P., 295 S.W.3d 650, 653-54 (Tex. 2009). The court noted that in such case the ordinary meaning of prevailing party should be used. See id. The court held that a party, who does not obtain damages or other relief on its claim, could not be a prevailing party. See id. at 655-56. Thus, in order for a prevailing party to be entitled to costs and reasonable and necessary attorney's fees, the prevailing party must obtain some award of damages.

The TTLA is not limited to providing recovery of attorney's fees for plaintiffs. Defendants who have successfully prevailed in defending against TTLA claims have also recovered their attorney's fees. See Moak v. Huff, 2012 Tex. App. LEXIS 1245 (Tex. App. San Antonio Feb. 15, 2012) (reversed and remanded judgment denying attorney's fees finding that a defendant who successfully defends a TTLA suit is entitled to recover.

IV. Summary

The TTLA provides distinct advantages over common law and contract claims, but also heightens the risk that a losing plaintiff could be required to pay a prevailing defendant's attorney's fees.

Darin M. Klemchuk is an intellectual property (IP) trial lawyer, with significant experience enforcing patent and trademark rights. He is a founding partner of Klemchuk Kubasta LLP (www.kk-llp.com). More information about Mr. Klemchuk can be found at his bio: http://www.kk-llp.com/Darin-Klemchuk.asp.

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Franchise Trade Secrets

By W. C. Garth Snider
There has been a lot of ink spilled recently about the plight of the small businessman in the recession. In particular, there has been a great deal of discussion as to whether franchising as a business model has done relatively better or relatively worse than non-franchised businesses.

There is no definitive answer. If the answer is that franchises have done relatively worse why might that be the case? There are myriad answers from excess liquidity in the capital markets to the simple fact that franchising did so well over the past two decades that it was only natural that it would experience a temporary set-back.

Another possible reason, and the subject of this essay, may be that by its very nature franchising has a greater inherent risk profile due to the fact that franchising necessarily entails the transmission and transference of trade secrets and confidential. Consequently, the more popular a franchise becomes the more difficult it is to maintain its trade secrets and confidential information.

This, in turn, impacts the long term economic health of the franchise. A franchisor therefore makes a bet that it can parlay its franchise system into a profitable venture without losing the value it already has staked in its trade secrets.

So to the extent that the growth of a franchise system impacts the ability of the franchisor to carefully monitor its trade secrets, the financial health of the franchise will be affected. The growth of franchising has not been driven by thousands of uniquely derived and/or recently invented products. The growth of franchising, and the ensuing fragmentation of many markets within franchising, is a direct result of former trade secrets and confidential information being disseminated in the market place.

Unlike patents, which carry a protectable interest of 20 years, trade secrets are protectable for an indefinite period of time. Realistically speaking, however, trade secrets do not usually provide indefinite value to the franchisor. The more popular the franchise becomes the more likely it is that someone in the future will either receive trade secret information or will reverse engineer the trade secret. Thus the problem obtains in the ability of the franchisor to protect the trade secret long enough such that the franchise itself has enough brand loyalty to compensate for any dissemination of information that may have formerly been classified as trade secrets.

Much, if not all, of the value in a franchise is contained in the unique manner in which the franchise is sold and the unique nature of the product itself i.e., its trade secrets. The ability of the franchisor to sell franchise units is a direct function of a prospective franchisees belief that the franchisor has created a product and a product distribution system that cannot be easily replicable. The value of the franchise is necessarily derivative of how easily a non-franchisee (or ex-franchisee) can replicate the franchisors' offering. A franchisors "gold" lies in its trade secrets. A franchisor derives value from its franchise system because its unique system is not generally known by the public. Therefore a franchisor must be diligent in preventing the unique means and methods it has of conducting business from being readily known by the public.

What is a trade secret exactly? The Uniform Trade Secrets Act which has been adopted in some form or fashion by more than 40 states- defines trade secrets as

Information, including a formula, pattern, compilation, program, device, method, technique or process that: i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

The Restatement of Torts identifies six useful factors to consider in determining whether something is a trade secret:

1) The extent to which the information is known outside of the business,

2) The extent to which it is known by the employees and others involved in the business,

3) The extent of measures taken to guard the secrecy of the information,

4) The value of the information to the business and to competitors,

5) The amount of effort or money expended in developing the information, and

6) The ease or difficulty with which the information could be properly acquired or duplicated by others.

The fundamental function of contract law is to deter contracting parties from behaving opportunistically toward one another in order to encourage the optimal timing of economic activity and obviate costly self-protective measures. It is an ineluctable fact of human nature that during times of difficult economic circumstances people are more prone to exhibit behavior that pushes the envelope on what society considers fair business practices. People are more inclined to put to the test exactly what is considered legal and/or acceptable when it comes to business dealings. This is evidenced by the rise of litigation on contractual disputes over the past two years. Some of these disputes are a function of one party simply not being able to adhere to its side of the bargain. But more than a few are likely the function of one party testing the limits of the terms of the contract. Stated differently, one party to the contract behaves in an opportunistic manner.

With fewer real dollars being exchanged in the marketplace, the competition to achieve relative wealth in our society is magnified. Thus a party to a contract who during better economic times might have not been inclined to behave opportunistically might during leaner economic periods test the limits of what is permitted under the contract. Because the licensing of trade secrets is so often the prime repository of the value of the franchise, understanding what a trade secret is and how to protect it is of particular importance in franchising.

By definition, a franchisor allows an erstwhile stranger to license, distribute and sometimes produce the very product that the franchisor created and upon which it relies to generate revenue. Given the nature of the franchisor/franchisee relationship franchisors need to be acutely aware of the opportunities for harm that inhere in the franchisor /franchisee relationship. During the best of times, the franchisor/franchisee relationship is balancing act of mutual self-interest. During times of economic uncertainty, the franchisee may find itself struggling to keep its business afloat. Or maybe worse even, as the franchisee finds itself as Bruce Springsteen put it - with debts that no honest man can pay. Through no particular fault the franchisee may be faced with financial difficulties; difficulties that the franchisee may think could be alleviated extra-contractually or opportunistically. And so an opportunistic franchisee may seize upon the chance to exploit loop holes in a franchise agreement. The opportunities for harm most often manifest themselves in the dissemination of trade secrets and confidential information.

A franchisor must therefore be extremely diligent in its protection of its trade secret information. It starts and ends with the franchisor being certain that it has done all it can do to keep the trade secret information confidential. As an initial matter, only employees who need to know the trade secret information should be allowed to learn of the exact nature of the trade secrets. Second, the franchisors employees and officers should sign confidentiality agreement acknowledging the confidentiality of the trade secrets and expressly prohibiting the dissemination of said information.

The next step is to clearly identify the trade secrets in the franchise agreement. The agreement must make clear that the trade secrets are being licensed and not sold. The franchise agreement should also require the franchisee's to have its employees sign confidentiality agreements similar to the one's the franchisor. The franchisee should be required to take reasonable steps to preserve the confidentiality of the trade secret information.

It is also a good idea to have a compliance officer monitor the use of the trade secret information. The compliance officer would be in charge of conducting audits of the franchisees. A concomitant obligation of the franchisees would be to provide compliance reports to the compliance officer which demonstrate that the necessary precautions are being taken to protect the trade secret information. If it is discovered that trade secret information has been misappropriated, a franchisor is going to need to prove inter alia that has taken reasonable steps to protect the secrecy of the information. Adhering to the aforementioned recommendations will ensure the franchisor a better position in the fight.

The popularity of franchising as a method of doing business will inevitably have its peaks and its valleys. Its robust popularity will come back. But the very thing that makes it effective as a means of doing business is the very thing that makes it risky. The higher the risk, however, means the greater the return. And so it is that the more popular the franchise becomes the more chances it has of falling prey to an opportunistic franchisee-the more chances it has of having its trade secret information lost. But every new idea one day will die and that's a fact. It is therefore important for the franchisor to protect its trade secret long enough to build up its brand such that the death of the trade secret merely gives rise to the birth of a household brand with no need for recourse to the court.

Garth Snider is the President and General Counsel of the largest franchise lead generation firms online. He has a degree in finance and banking from the University of Georgia, and a J.D. from Emory University. Garth Snider has experience in commercial litigation as he had practiced for the law firm named Griffin Cochrane and Marshall from the year 1998 to 2004. He is presently the President of Ad Engine which is an online company providing lead generation services for franchises and small businesses. For more information about Garth Snider and his lead generation firm, browse through http://www.franchiseopportunities.com.

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Questions About - And the Damage Caused By - Secrets

By Candida Abrahamson Ph.D.
Benjamin Franklin said many, many wise things, and this saying speaks to one of the simplest dangers of keeping a secret--the secret isn't safe if more than one person holds it.

"Three may keep a secret," wrote Ben, "if two of them are dead."

It was this reality that turned my client Alan's world into a minefield.

Alan [all clients' names and identifying details are changed, in any of my writings] never graduated high school. If we're to be perfectly frank, Alan hardly went to high school, but no one takes attendance in later life-it's more about that piece of paper we call the diploma. This was a cause of great shame for Alan-and his intellectual Jewish parents-at the time, but all hoped that time would heal.

When Alan met Alayna, he was blown away by her refinement and intelligence, and believed firmly that she would never be interested in Alan if she knew about that missing piece of paper. So as they fell more in love, he simply lied about it. Well, he justified, he didn't really lie about it. He told her where he went to high school, and the year he would have graduated, and if she just went ahead and assumed he had, well, ball was in her court. However, his sense of shame, as well as of being 'lesser' than his wife, pervaded not just Alan's internal landscape, but the marriage, as well. The burden he carried was great.

Alan and Alayna moved out of town to be near her parents as they aged, and Alan took a job as a carpenter, which he actually was skilled at and enjoyed, but which Alayna felt was beneath him, and found demeaning to both of them-and to their children. The marriage soon soured. Alayna found Alan uncouth and unrefined and always coming up with the wrong thing to say in social affairs, until finally she left him out of social engagements more and more and went on her own. By the time the couple, with two children, moved back to Chicago, their old stomping grounds, and I began to see Alan, he told me with wrenching honesty, "She really hates me."

Therapy had provided a realm of safety for Alan-more on the ability of therapy to create a safe haven for revealing secrets later-- and he had confessed his horrible secret to me about his lack of education. This seemed to be eating Alan so greatly, that I suggested he simply tell Alayna, even all these years later. But the response was that, even though Alayana hated him now, she would hate him even more if she knew he'd only achieved a grade school education.

But the Jewish north suburban world is a small one, and it seemed to Alan that everywhere he went with Alayna they would run into people from-of course!-his high school, and begin to play Jewish geography. Alan's life soon whittled down to one purpose-to stay away from anyone who might have known him in high school, or known someone who knew him in high school-and to keep these people from Alayna. All social events were fraught with peril-but so was a family trip to the local grocery store, or bringing their daughter to local ballet lessons or a little league practice.

The very effort to keep this secret was causing Alan to live a further and further circumscribed life-and he lived in the state of fearful of arousal of the man whose crime is always just about to be discovered.

Because one of the major issues with secrets-and with successfully keeping them-is who else knows about them, and can thus "out" you at any time.

Let's address this issue plus a few more crucial questions you should ask yourself if you're occupying your energy keeping a secret.

If we're to take an honest look at secret-keeping--and that involves our own--we need to ask ourselves some fundamental questions about why we continue in our path of secrecy.

Ask yourself these--and be honest:

1. Who else knows this secret? Like in Alan's case, with never having graduated high school, do so many people know, that keeping a secret becomes an exercise in avoiding more and more people?

2. Who's harmed by this secret? Is it me? It is my children? My ex? Am I keeping this secret to try to protect somebody? And is that a noble enough reason to continue to perpetuate this secrecy? Think clearly about how your secret may be damaging to others.

3. What am I afraid of if I were to tell my secret? Go ahead--allow all of your worst, deepest, darkest fantasies to come to play themselves out. It's a time for honesty now. And most often I find, after all the analysis, no matter if the secret is a relatively minor one--"I failed high school biology"--or a relatively major one--"I'm a homosexual and I can't continue in this marriage"--that the question is almost always answered by, "I won't be loved/accepted." You must work through this issue, not just to be able to relieve yourself of your secret, but to come to feel accepted for who you are in the world.

4. Who owns this secret? Is it really mine to tell, after all? And if it isn't, how can I make my life better living with it?

Evan Imber-Black, editor of Secrets in Families and Family Therapy, is an expert in secret-keeping and its impact on the family, as well as in how therapy can heal from damaging secrets. Look to her text for further delving into the topic of secret-keeping and damage to families. I can only brush the surface of the topic here.

But first, secrets create distance between family members, circumventing closeness. Remember Alan and Alayna, already struggling in their marriage, but prevented of an opportunity to build a more solid foundation by Alan's continued secret-keeping of his lack of diploma.

Then the secret, if painful or shaming enough, can prevent family members from sharing information with those outside of the family. I saw a young woman whose father was a homosexual who contracted and died of AIDS. My client struggled mightily to share the truth about her father with her serious boyfriend, whom she wanted to marry. These secrets thus hamper the development of external intimate relationships.

And finally secret-keeping drives a cleft between hose in the family who know the secret and those who don't, and members on the two sides are driven apart by the knowledge, causing a re-alignment of power in family dynamics-almost certainly not for the better.

In one family in my practice, the father had an affair. Don't get too excited--it all turned out okay and the couple does better together now, afterwards, than they had been doing for years previously. But the mother elected to tell the oldest daughter about the father's straying. To this day I'm not sure the father is even aware that his daughter knows about his extramarital activities, but you can imagine the impact this has on family dynamics. Although secret-keeping can damage a family, still and all you must think carefully before you draw someone into your secret's orbit who really has no reason--or right--to know about it.

In fact, as carefully as you have worked to keep your secret--for years or sometimes decades-that is how precisely you need to work to reveal your secret, at the right time, to the correct people, and in the appropriate fashion.

Candida Abrahamson has been a mediator, life coach and counselor since graduating with her PhD from Northwestern University. She does family and couples therapy, grief and cancer counseling, and works on coaching clients with life management skills. In addition to hypnotherapy, she also mediates for families and businesses, as well as in cases of divorce, both in person in her native Chicago, and nation-wide, via the medium of the phone session. Read more of her ideas in-depth at http://www.candidaabrahamson.wordpress.com, and visit her website to find out more about Candida's therapeutic approaches.

Article Source: http://EzineArticles.com/?expert=Candida_Abrahamson_Ph.D.

Top Fat Loss Secret - Top Secret Fat Loss Secret Review

By Eve Smart
In a nutshell, the Top Secret Fat Loss Secret eBook by the world-famous cable TV icon Dr Suzanne Gudakunst is one of the most revolutionary guides to swift, lasting weight loss you will ever read.

Men and women of all ages, overweight to varying degrees, and suffering numerous kinds of health issues, have effectively lost weight and immensely bettered their overall health without taking drugs, undergoing risky surgery, and without consuming diet foods or pinning their hopes on fad diets, simply by following the natural, proven effective top fat loss secret method revealed inside this unique guide to quick and permanent weight loss.

Dr Suzanne Gudakunst, author of the Top Secret Fat Loss Secret ebook, spent 5 years intensely researching digestive and dietary health, and during that time she discovered and began testing the top fat loss secret she immediately knew might be the highly sought after cure for obesity.

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After witnessing such spectacular success in the testing period, Dr Suzanne elatedly systemized her findings into a simple, easy-to-follow system and formatted it into the Top Secret Fat Loss Secret book in order to share her newfound secret and make a wonderful difference in the lives of even more overweight people all over the world.

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Anyone who really wants to shed fat, look and feel younger and more vibrant, prevent or reduce the crushing effect obesity-related illnesses and diseases could have on your life, and significantly boost your chances of living a long, healthy, happy life will benefit from Dr Suzanne's Top Secret Fat Loss Secret.

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For more information about Dr Suzanne's Top Fat Loss Secret [http://topfatlosssecret.org] that WILL help you get the healthy, sexy body of your dreams and live a longer, happier life visit [http://topfatlosssecret.org]

Article Source: http://EzineArticles.com/?expert=Eve_Smart

The Psychology of Secrets

By Kemal Sediq
A secret means information that you try to hide from others!

This definition contains important features of secrets:

1-Info: You are not considered crazy if you keep a secret. When you ask people what secrets are, then they often think of things like cheating, something stolen or a strange happening in youth period. Of course these issues are often kept secret, but other innocent subjects are kept as secrets too like your salary, smoking habits, your admired movie star and so on!

2- Unconsciously or intentionally: You keep secrets either accidentally or intentionally. You know exactly which secret you want to keep, and from whom. Sometimes you can even spend effort in order not to let the secret out! Having secrets is a conscious decision by itself. It costs too much mental energy to keep a secret. Secrets are a cognitive load.

3-Keep it hidden: Having secrets is certainly not without difficulty. You have to do your best not to tell it. So you must be careful that you talk about it, and you can set up a poker face when you come into a situation where your secret is in danger. You can not show that you caught or uncomfortable. These situations have to be judged in advance. Finally you can act quickly to repair any mistake if necessary: you must have therefore in advance ready excuses. In other words, having a secret is a socially conscious process where effort need to be done.

4-From others: Secrets are by definition social in nature. That means that there are always other people involved. No one has ever kept a secret from a stone, a table or water. We keep secrets from other people. This may be one person, or almost everyone. These people may be also already dead or even imaginary!
Tips

What can you do if you have a secret that is emotionally stressful for you? Do you share it with someone? It is important to realize that when you tell your secret to someone, you get a different relationship with the person to whom you tell. Sometimes this goes deeper and deeper. Sometimes however, the friendship or relationship undergoes serious pressure, and you may loose that person. In that case the result of sharing the secret is more emotionally stressful than having the secret!

It is recommended not to share your secret with others, sometimes it is better to hold something for you. The U.S. expert and psychologist Anita Kelly says for example that you have to think twice whether and to whom you tell your secret. You need to be sure that the person is reliable and is not going to tell your secret. Therefore, Kelly made the following decision tree:

1. Does the secret causes much load to you?
( For example because you get anxiety, depression, physical ailments like headaches or strange experience, or because you can not live your life because you see certain places or people affect you in a certain way) NO, then it is not necessary to share your secret. You can not then be damaged by telling it. YES, then you can ask the following question:

2. Is there a counselor in your immediate surroundings who is available that you tell discretely, a good listener, not judging and who can help you with new insights? NO? Then it is better not to share it with anyone in your immediate environment but rather share with a professional counselor such as a psychologist, social worker, counselor, a church man, imam or an agency. If you find it difficult to talk about your secrets with professionals, then you can write about it in a diary. You can also write a letter to yourself or the person of your secret, without ever sending the letter.

YES? Then talk about it with that person

In this short article I have made use of a very good book from the Netherlands about the subject but the most researchers are from the united states. From my practise I have been confronted with simple and difficult secrets and confessions from my clients. In deed I was busy for years with difficult cases. People wanted to tell about their deeply hidden secrets. In my position(together with a team), I managed to help many persons. When we used a certain approach and made a person speaks, he/she got great relief. In our situation there was a good degree of trust that made the people speak. A lot of cases were really suffering from extreme anxiety and suffering.

I recently built a website (a forum) where the visitor can tell about a secret or a confession. If you like you can try it too. You can leave your secret or confession anonymously. You will not only get relieved but you will meet people who will be ready to interact with you. It is sure not a therapy but I say give it a try. Good luck.

[http://www.humansecretsonline.com]

Article Source: http://EzineArticles.com/?expert=Kemal_Sediq