John E. Barraclough, Jr., CPA and Managing Principal, Barraclough & Associates, P.C.

Recessions tend to stress-test many businesses. When financing is tight and customers are pinching pennies, a business that was treading water despite poor management, chaotic cash flow or short-term planning might find itself going under. In some cases, the problems are insurmountable, and the owner is forced to sell or close a business.

As long as the failure wasn’t due to industry-wide crises, such as depletion of raw materials or a massive turn away from a product or service, one businessman’s failure can be another’s success. In fact, an entrepreneur with a sharp head for business can find many opportunities in a sluggish economy to turn a poorly run company into a profitable venture.

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Marie C. Johns, Deputy Administrator, U.S. Small Business Administration

In July 2010, the Census Bureau reported that the number of minority-owned businesses increased by 46 percent from 2002 to 2007. This is good news. These new businesses are creating jobs and driving local economic growth all across the country.

However, this is no time to lessen the commitment or resources available to help minority small businesses grow and create jobs.

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J. Roy Miller, State Director, NMSBDC Network

A business doesn’t have to be big to benefit from the advice and expertise of other professionals. A savvy entrepreneur will assemble a board of trusted advisers to provide feedback and suggestions for leading the organization.

Unlike a board of directors, an advisory board comprises people with no legal authority, fiduciary responsibilities or other obligations to the business.

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John Woosley, District Director, SBA NM District Office

Summer is prime disaster season in New Mexico, whether the disaster is a wildfire, flood or tornado. Two years ago saw the Manzano Fire in Estancia, tornadoes in Clovis and flooding in Ruidoso. Three years ago, floods hit Doña Ana County.

For a small business, closing for just one day due to an unforeseen disaster can often mean huge financial losses — especially at a time when small businesses are investing time and money into creating jobs to lead America’s economic recovery.

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George "Twig" Segura, Senior Account Executive, Daniels Insurance

Entrepreneurs do everything they can to control the elements that contribute to their business’s success, but some events are out of their control. That’s where business insurance comes in: to ensure that an unpredictable event doesn’t destroy everything the company’s owner has worked for.

Business insurance — also called commercial insurance — is an umbrella term for a variety of products designed to protect business or commercial interests. Some businesses require insurance that targets industry-specific challenges, but other types of insurance address risks common to all businesses.

Commercial property insurance covers buildings, contents, inventory and equipment against physical loss or damage. It typically comes with “business income and extra expense coverage,” which compensates a business owner for the money that’s lost while the business is closed because of an insured loss.

Commercial general liability insurance protects a business from claims for bodily injury or property damage to customers and clients. It covers claims that result from a customer or visitor getting hurt on the business’s property or from an employee damaging property at a client’s home or business.

Professional liability coverage, sometimes called “errors and omissions” (E&O) insurance, can help businesses that deal with customers who potentially could claim that something the business or its employees did for them was done incorrectly and cost them money or caused them harm. 

Workers’ compensation and employers liability coverage is required of all New Mexico businesses — with limited exceptions — that employ three or more workers; for the construction trades, no minimum number of employees applies. This insurance provides benefits in the wake of occupational injuries or disease suffered by an employee, regardless of fault. Benefits include payment of medical services and lost wages, subject to a limit set by state law. Workers’ compensation is the exclusive remedy for the coverage of work-related injuries.

Accounts receivable coverage protects a business when its records are destroyed by an insured peril and the business cannot collect the money owed. The policy covers these uncollectible sums plus the expense of record reconstruction and extra collection fees. It does not insure the physical value of the records themselves, such as the paper, computer disks and tapes on which they’re stored.

Crime coverage and fidelity bonds protect a business from crime-related losses, whether it’s burglary, robbery or theft. Fidelity bonds specifically cover theft perpetrated by a business’s employees who steal money, equipment or other assets from the business (first-party fidelity) or a client (third-party liability)

Given all these insurances choices, a business owner should view an insurance agent as a business partner who can help her tailor coverage to her business’s specific risks and needs.

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Article 144

Monica Abeita, Regional Development Corp. for Northern NM Connect

The New Mexico Small Business Assistance program provides free technical assistance and expertise from scientists and engineers at Los Alamos and Sandia national laboratories to New Mexico small businesses facing challenges with testing, design and access to equipment or facilities.  Businesses do not have to be technology-based, however, the challenge they face must be potentially solvable using laboratory resources. While individual businesses can request assistance anytime, the program annually considers leveraged projects involving multiple businesses with a shared problem. 

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Wayne Unze, Director of Business Brokerage at Maestas & Ward Commercial Real Estate

Anyone thinking about buying or investing in a business needs to do due diligence to make sure it’s a viable venture with long-range income potential. But due diligence means more than just reviewing the balance sheets and income statements.

Some other things that warrant close inspection before a buyer signs the final closing documents include:

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Naomi Engelman, SATOP Project Engineer

During his years in the hotel and hospitality business, Nate Mandalia of Alamogordo struggled with a problem experienced by many people who have to dress professionally for work: how to keep the hem of his pants from bunching up on his shoe or dragging on the ground.  Mandalia came up with a solution – an invention he calls the “hemlock.”

With assistance and advice from the Space Alliance Technology Outreach Program (SATOP), Mandalia applied for a patent for his shoe accessory and completed prototypes.  His next step is to proceed from prototype design to mass manufacturing.

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Monica Abeita, Regional Development Corp. for Northern NM Connect

Los Alamos National Laboratory’s MBA Summer Internship Program recently picked four graduate students to be summer interns and help the lab’s scientists and engineers find commercial uses for new technology and to assist real-life companies with business challenges.

The 2010 class consists of four people studying for their masters degree in business administration: Justin Dewey of the University of New Mexico, John Harris of the University of North Carolina at Chapel Hill, Ian Soti-Landis of Keck Graduate Institute and Jacqueline Shen of Cornell University, who is returning to the program for a second year.

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Deborah Peacock of Peacock Myers P.C.

Among business assets that fall into the category of intellectual property are the ideas and concepts that lead to the invention of new designs, devices and methods of doing something. If the idea is likely to lead to a commercially marketable product, an inventor should consider protecting it with a patent.

Inventors and innovators can take some steps to decide if patent protection is warranted, but specific legal advice from a qualified attorney or legal expert is essential when applying for a patent.

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