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Business Law, Commercial Litigation and International Business Law

31 May 2012

Who Truly Speaks for Small Businesses?

FYI Only:

Who Truly Speaks for Small Businesses?

By John Stoehr
May 22, 2012

Everyone knows that small businesses hate President Obama’s historic healthcare reform law, right? At least that’s what the nation’s leading small-business advocacy group would have you believe.

Joining 26 states, the National Federation of Independent Business challenged the law all the way to the U.S. Supreme Court in March. It claimed the “individual mandate” is unconstitutional and would bankrupt small businesses with unnecessary costs.

Yet while the NFIB claims its multimillion-dollar lawsuit is on behalf of job creators and small businesses everywhere, it’s unclear whether small businesses genuinely support the NFIB position. A close look at its record suggests that the NFIB uses the politically valuable mantle of small business to pursue an agenda that may take its cues from elsewhere.

For one thing, many of its 340,000 members, most of whom employ 20 or fewer workers, have already benefited from the law. According to a March report in the Wall Street Journal, members have seen costs go down thanks to tax credits that were built into the law. Small firms in industries like advertising have also been able to compete with large national companies for talented employees. As one member told the WSJ: “[The NFIB is] doing a very big disservice to their members” by opposing the healthcare law.

For another, the NFIB has a record of lobbying for issues that benefit big businesses, not necessarily small ones. Consider a widespread state tax loophole that lets big-box retailers like Wal-Mart and Home Depot transfer income to out-of-state subsidiaries. This loophole often allows the chain retailers to pay no state income tax, while small businesses do. Yet the NFIB has fought against closing such loopholes.

Moreover, small businesses generally favor some kind of regulation, because such standards often make them more competitive with big companies. The NFIB is opposed to regulation on principle, but it also claims, as many Republicans do, that the threat of regulation on entrepreneurs and job creators – they have a habit of calling it “regulatory uncertainty” – has kept businesses from hiring and thus from stimulating the economy. But observers across the political spectrum say this is a canard. Regulation isn’t preventing businesses from hiring.Poor sales are.

Perhaps it is no surprise that the NFIB fights for issues that the Republican Party as well as big corporations also fight for: deregulation, lower taxes and tort reform. According to the Center for Responsive Politics, the NFIB’s political action committee has raised over $20 million since 1998. In 2010, nearly 94 percent of contributions went to Republicans. This year it’s 98 percent. It spent $9.5 million lobbying against the healthcare reform bill in 2010. And last year, the NFIB received $3.7 million from Crossroads GPS, according to B! loomberg. Crossroads GPS is a non-profit with close ties to Karl Rove, the political adviser of George W. Bush.

Given the partisan affiliations and positions, it’s unsurprising that other groups who claim to speak for small business, such as Family Values at Work, cast a gimlet-eye at the NFIB. So do small-business owners and small-business advocacy groups. Frank Knapp, president of the South Carolina Small Business Chamber of Commerce, called the NFIB a “small-business pretender” and “lapdog” of the U.S. Chamber of Commerce. In April, J. Kelly Conklin, a New Jersey cabinetmaker, wrote in the Hill: “Whether we’re talking about health care or taxes (or both at the same time), NFIB always seems to side with the! big fellas – big insurance, big banking, big business – not little guys like me. Why? I don’t know.”

Perhaps few do.

What’s more certain is that calling yourself a small-business group while serving the interests of big business has political advantages.

A Gallup poll showed most Americans trust small business to create jobs, more than they do large corporations or the U.S. Congress. That kind of public opinion explains why the major parties can’t agree on anything unless it has something to do with small business.

And it explains why the NFIB, in speaking for small business, hopes to be seen as speaking for the American people – even though, if the Supreme Court overturns the healthcare law, it’s the American people and their trusted small business who may suffer most.

PHOTO: Buttons reading “Repeal Obamacare” are displayed at the American Conservative Union’s annual Conservative Political Action Conference (CPAC) in Washington, February 9, 2012. 
 REUTERS/Jonathan Ernst

Article taken from The Great Debate - Reuters blog - Great Debate
URL to article: Ariticle - Who Truly Speaks for Small Business?



25 May 2012

BOOK: "Inside the Firm" - Synopsis

 
Chapter One lists and discusses important reasons for using an attorney in everyday life and business matters.  These reasons include:

  • ·         The essential relationship of a good attorney to the legal system,
  • ·         Learning to practice preventive legal medicine,
  • ·         Avoiding having a fool for a client,
  • ·         Avoiding serious errors in document review and preparation, and
  • ·         Taking advantage of the greater availability and affordability of attorneys in today’s dynamic business world.

Additional reasons for using an attorney discussed in this chapter are:

  • ·         To help you succeed,
  • ·         To add credibility to your business deal,
  • ·         To protect yourself from sharp business practitioners,
  • ·         To maintain objectivity,
  • ·         To take advantage to the lawyer’s club, and
  • ·         To convert a bad case into a good case.

Product Description
This book began as a series of notes for the author's radio show "Law Talk", aired on a local financial news station. The topics were placed into chapters.  Here are some: Why Use a Lawyer? When to Call a Lawyer? How To Find a Lawyer? What To Look For In a Lawyer? The Consultation. Things to Do and Avoid. Understanding Law and of course, The Bills—and there are other chapters filled with important information.

About the Author
Donald W. Hudspeth has been a promoter, business organizer and advisor from the age of nineteen. He helped found, solicited investors and organized a pinto bean processing plant before being old enough to vote. Mr. Hudspeth also founded a dynamic and successful disco-bar and real estate chain in the 1970s and a chain of mall stores in the 1980s. The author provided management consulting and financial administration to other companies until he began attending law school at the age of 36. His current firm is known for its trademark "The Business of Our Firm is Business." 


Latest Book Review: "Good Information"