How you can avoid Starbucks’ mistake

Internet attorneyAs an Internet Attorney, I know that when you’re putting together joint ventures for your online business, it’s important to consider your long-term interests.

Here’s a costly brick-and-mortar biz example from Starbucks on what not to do.

Several years ago, Starbucks wanted to distribute its coffee in grocery stores and other places beyond its cafes. Because Kraft already had the distribution network in place for its food, Starbucks signed a contract to have Kraft distribute its coffee too.

The mistake?

The contract was designed to last forever without an easy way to get out of it. But times change, people change, and so will your business needs. Plan accordingly.

Now Starbucks is trying to weasel out of the contract. If Kraft can enforce the agreement, Starbucks will end up paying out billions to escape and set up its own distribution network for stores.

No matter how attractive a joint venture deal looks, be sure you put in place the right contract language that lets you walk away when it is profitable to do so. There are at least a half dozen ways that your Internet attorney can help you do this both legally and ethically.

To your online success!

-Mike the Internet Attorney

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Negotiate a Better Deal

negotiateIf your economic circumstances have changed because of the recession, don’t breach your contracts (joint venture agreements, leases, car loans, mortgages, etc.). You can almost always negotiate a better deal with the other party instead.

Here’s why. Most people prefer something over nothing. If agreeing to better terms keeps you from walking away from a deal, realists will cut that deal if there’s not a better alternative.

Contrary to popular belief, price and terms can be renegotiated after a deal is signed. But you need some leverage to get what you want. The other side must believe that you’re willing to walk on the deal (or even go bankrupt) unless the terms of the deal are changed.

You can still create a win-win relationship with a new deal that reflects current reality in contrast with the way things were when the original deal was signed. If the other side doesn’t want to decrease price, for example, you can propose to extend the payment term (and pay additional interest over that term).

If you’re looking at having long-term ongoing relationships, don’t try to renegotiate a deal unless you’re truly in a bind. If you’re trying to pull a fast one now, the other party is unlikely to trust you in the future.

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Joint Ventures – Should You Use Them?

A joint venture (JV) is a partnership formed by two or more persons or business entities (such as corporations or limited liability companies) for the purpose of completing a single project. JV partners share profits and losses and each partner has some control in how the project is accomplished.

Joint ventures benefit partners when each adds an important piece to the project puzzle. Before you invite someone to become a JV partner, consider if something of value is really being brought to the table that can’t be obtained by less expensive means such as outsourcing to third parties.

You should also consider the potential legal liabilities that can be incurred by the actions of your JV partners on behalf of the joint venture. This is particularly important if you are a partner as an individual (personal liability) instead of having your corporation or limited liability company serve as JV partner.

Weigh the business pros and cons (risk versus reward) and run the proposed JV by your lawyer before agreeing to form the venture.

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