Proactive

Anette B.

Don’t Let Scammers During COVID-19 Fool You!

If COVID-19 wasn’t stressful enough, now you have to watch out for scammers trying to take advantage of you. Below are a few tips:

  • Watch out for any links that get texted to your phone that promise to track coronavirus (through an app or otherwise). This might be malware designed to spy on you or get other information such as logins and passwords.
  • Watch our for links in random emails talking about the coronavirus. Phishing attempts are running rampant right now. If you aren’t sure about a link in an email you get, don’t click on it. If you aren’t sure about an email that’s in your inbox, simply call the company to ensure it’s a legitimate email and safe to open. Better to make a phone call than be sorry.
  • Understand that there is a flood of disinformation/misinformation about the virus, including remedies, cures, etc. This is especially true among the naturopath/DIY groups. If it is not coming from a reputable source (local hospital, your doctor’s office, the CDC, WHO, etc.) please don’t share it. If you do share information, cite the source that you obtained the information from so others can determine reliability of the information. Remember, anyone can buy a domain and anyone can make a meme.
  • If you receive a call from someone claiming to be from a charity, asking for personal information of financial information, hang up. If you want to give to a charity, go directly to their website. Also, only go to known charities. Just because a website looks like a “charity” doesn’t mean it is. Again, anyone can buy a domain and make a website.
  • If random strangers are showing up at your house, suggesting they are there to do coronavirus testing, etc., do not let them in your house! Ask for credentials/information and then call the organization that they say they are with to confirm they are who they say they are. Remember, anyone can lift a picture or information off of a website and make a fake badge, etc.

Some related reading:

https://arstechnica.com/information-technology/2020/03/the-internet-is-drowning-in-covid-19-related-malware-and-phishing-scams/

https://www.forbes.com/sites/thomasbrewster/2020/03/18/coronavirus-scam-alert-covid-19-map-malware-can-spy-on-you-through-your-android-microphone-and-camera/

https://www.usatoday.com/story/opinion/2020/03/17/fda-chief-stop-using-unapproved-products-claiming-prevent-coronavirus-column/5041971002/

https://www.military.com/daily-news/2020/03/16/army-white-house-issue-warnings-about-coronavirus-hoaxes-and-scams.html

Lexington PD advises of COVID-19 related phone scam

Disclaimer: This is for general information purposes only and none of this is meant to be legal advice and should not be relied upon as legal advice.

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Anette B.

Snapchat Story Hit Home With Students

If you read my last blog article discussing how Kids Get the Short End of the Lesson Learning Stick, you know that I think that the internet today has a way of prohibiting kids from learning lessons “the old fashioned way.”  As part of my mission to educate kids (and adults) on the very serious issues that I have seen evolve out of one’s use of the Internet I decided to start guest speaking and my very first stop was my personal home town.

Last Monday I spent my time up at Blue Ridge High School in Lakeside, Arizona giving a presentation to the students regarding Internet use and the repercussions of the same.  This wasn’t your traditional “bullying is bad” speech that most kids get.  This was a full blown actions and consequences from the same speech.  If you want kids to have a clue, you have to tell them why things are bad…not just “be nice because bullying is bad” and use current examples.  Remember, chances are these kids are far more tech savvy than we could even dream of being!

20160516 - BRHS - Junior-Senior - Q2 re Top 4 Social Media platforms

Part of my presentation involves students taking an online quiz.  Out of the 56 students that responded from Session 2 (Junior and Senior students only) I learned that Snapchat was the most popular medium of Social Media being used by the students, following closely by Instagram and Twitter.  Upon learning this I used a very timely article that I just read about involving Snapchat as a teaching opportunity.  I discussed the recent story that has been floating around in mainstream media (e.g. Washington Post, CNN Money, etc.) about the 18 year old girl who was trying to take a selfie, while driving her father’s Mercedes with passengers in the vehicle, at a speed of over 100 mph, just so that she could apply a Snapchat filter to her selfie showing how fast she was going.  According to the articles, the girl ran into another driver causing him permanent injuries and the victim is now suing Snapchat under a product liability theory.  You can read the entire article as published by the Washington Post HERE.  Be prepared to be a little upset over it.

I explained to the students that not only will this girl likely face criminal and civil problems (and fees for counsel relating to the same) but I also talked about how this has become national news; that since she is over the age of 18 her name is plastered all over the internet in connection to her mistake; and to consider the comments that the general public is posting in relation to the article.  I told the kids that people are crazy and if you read the comments, some wanted that girl dead!  Sure it is harsh, but it’s the truth and I told them that this girl is probably the recipient of some serious hate mail because, for whatever reason, that is what this world thinks is right to do.  Indeed, not only does this young girl have to deal with the fact that her actions hurt someone very bad for the rest of her life, and deal with potential civil and criminal claims, but also may have to deal with hate mail…and that her family may also be subject to the same kind of ridicule.  I drove those points home.

Just looking at their faces as I told the story; the number of side conversations that ensued; and the questions that I received from the audience told me they were listening!  They were really listening!

I have been saying for a long time that education needs to happen now and I am pleased to be apart of that process!  If you have or know of a school or youth group that you think need to hear more about this topic, from someone who really understands and can present the information in an informative and entertaining way, consider sending that person this blog article or contact me.  I am currently booking lectures for students (and adults) for 2016 through June 2017.

Until next time friends…

P.S. – If any of this resonates with you, or you agree with that I have said, please consider sharing this article and/or leave me a comment.  I’d love to hear your feedback and/or about your personal experiences.

 

Anette B.

Kids Get the Short End of the Lesson Learning Stick

There is a reason that many of us joke that we sure are glad that we were “young and dumb” before the advent of the internet and technology like smart phones with built in digital cameras, etc.

In my day, being “young and dumb” wasn’t the societal crime that it is made out to be today.  Not because stupid things didn’t happen but mostly because no one knew about the ridiculous things that happened – well except for those few people, usually some friends, that were around at the time.  Sure, there might have been rumors about what happened, but typically there wasn’t evidence of it.  For many of us, were lucky if we had a 35mm camera which required actual film that you had to take to someone to be developed by some stranger…and if you were from a small town, maybe it wasn’t even a stranger.  If you were really lucky, you might have had a Polaroid which gave you instant pictures!  That was as close to “instant” as you got.  Even then, unless you showed that particular picture to every single person in the entire school…not that many people knew that it even existed.  And hidden videos…yeah, have you ever tried to take a “secret” video with a device that required a VHS and had to be carried on your shoulder?  Bullying?  Yeah, it existed…but at least then there were ways to get away from it.  Indeed, while we may not have had all these new advances in technology, in a lot of ways, we were actually really lucky!

We didn’t have social media postings that spread like wildfire and fistfights that got caught on tape.  We weren’t taking selfies and posting half naked pictures of ourselves for the general public to see and basing our self worth on “likes” and “shares.”  More importantly, if we made a dumb mistake, we often had the typical punishment handed down from parents, the school, or maybe the authorities if it was more “drastic” but even then…very few knew about it and, generally speaking, it didn’t haunt you for the rest of your life.  It wasn’t blasted on the internet for the whole world to see…forever.  It’s made even worse by our current news media who pick up a story presumably for “ratings” and call it news…meanwhile the kids, and their futures, are really suffering.  Indeed, back in the day kids could do dumb things, learn from their mistakes, and grow into respectable and responsible adults that have nothing more but stories to tell and wisdom to pass on to younger generations.  Not anymore.  Kids get the short end of the lesson learning stick…

Of course there is an exception to every rule…but generally speaking, kids (and adults) now have to be smarter and think ahead far more than ever before.  As I discuss in Part 4 of my blog series of Fighting Fair on the Internet, not only could you be banned from usage of platforms, but you could get into fights, you could end up with creepy stalkers, you could have a run in with the law – both criminal and civil (even if you tell the truth), you could permanently be scared by something that can’t be removed, and you could lose out on wonderful opportunities – for jobs, college, volunteer organizations, and relationships…and over what?  Some dumb shenanigan that you tried to pull or some other posting made by either yourself, or someone else – that can be haunting forever.

It is clear that times have changed.  Drastically…and unless you are in a position to see and deal with all of the repercussions of what goes on, us adults may not even really know the full extent of what goes on and what can happen.  After all, I myself was completely naive about many things until I got into the current area of law and career path that I am in.  But I have seen a lot – and what I can tell you is that kids (and adults) need some serious education.  I’m not just taking about not being a bully…but far beyond that!

Next Monday I will be giving a presentation to a fully body of High School students on internet use and the consequences of the same.  I have been saying for a long time that education needs to happen now and I am pleased to start that process!  If you have or know of a school or youth group that you think need to hear more about this topic, from someone who really understands and can present the information in an informative and entertaining way, consider sending that person this blog article or contact me.  I am currently booking lectures for students (and adults) for 2016 through June 2017.

Until next time friends…

P.S. – If any of this resonates with you, or you agree with that I have said, please consider sharing this article and/or leave me a comment.  I’d love to hear your feedback and/or about your personal experiences.

 

Anette B.

Online Negativity: A Potential Pitfall to Your Otherwise Perfect New Business Name

For many entrepreneurs, coming up with the right business name can be hard.  After all, you want it to be catchy and tell people what your business is about.  You might want some eye catching creative logo to go with it too.  You also want to be able to link that business name and logo with the internet, i.e., domain names, social media, etc.  Equally important is making sure all of these creative things (name, logo, etc.) are unique to you and your company, otherwise you could face intellectual property challenges down the road.  No one wants to make that costly mistake!  Perhaps you even engage an attorney to help ensure that all of these things are set up right and check out just to be sure.  When all of these things are on track you might feel like you have got the green light and you are off to the races!  Or are you?

One of the pitfalls I see in business is people starting businesses with a GREAT business name only to later find out that somewhere someone else has (or had) a same or similar business name with a bunch of negative online articles or reviews about it!  As many of us are aware, stuff on the internet stays around for a long time…as in forever in some cases. Basically, even if the business has long since been done and gone, those articles and reviews may still be around…possibly at the top of search engine listings.  Even worse, people who don’t pay that close of attention, perhaps prospective customers, might think that the old business name (and crummy article or review) that had nothing to do with you are one in the same with your business!  This is true even if you have different locations, different logos, and do totally different types of business!  Yes, a few unfortunate issues with our society (generally, not all) are: 1) people don’t typically read (they skim at best); and 2) people sometimes think everything on the internet is the truth without second guessing the information or where it came from!  Yikes!  Talk about a bad combination and potential for an online reputation nightmare for your new business – especially if your prospective customer doesn’t play that close of attention to details…like the fact that you aren’t that other business with the old articles, etc!  To top it off, solutions aren’t as easy as writing the websites that are hosting the articles/reviews and asking them to take them off.  In most cases, that won’t work and, generally speaking, they don’t have to.

PRO TIP:  When doing your due diligence for your business name, in additional to all of the intellectual property considerations, you should also consider running searches on top search engines like Google to see what, if any, negative information you can find on the internet using the name of your company and names closely related to your company, e.g. Frosty Ice Cream vs. Frostys Ice Cream, etc.  Going in with your eyes wide open as to what problems are present, if any, will help you determine if you want to consider other business names OR maybe at least consider some social media campaigns or other options that will help educate and differentiate you from the other(s).

If you not sure how to go about these kinds of searches, you are encouraged to speak with a Business Attorney in your area who can assist you or perhaps a trusted Reputation Management consultant (though do your research before you hire anyone).  Anette Beebe is the managing member of Beebe Law, PLLC which is an Arizona based law firm representing clients in the state of Arizona.

 

 

Anette B.

Fighting Fair on the Internet: Part 2 | The Loss of Human Connection and Manners

FIGHTING FAIR ON THE INTERNET: PART 2 | THE LOSS OF HUMAN CONNECTION AND MANNERS

MY MOMMA ALWAYS SAID:  Growing up in my household was less than desirable.  I saw all kinds of icky mean things that would have sent most children, according to statistics, into the justice system or result in some other “negative” situations.  I had first hand experience on what it is like to deal with the aftermath of violence…mental and physical.  Oh yes, I could share stories for days…and I did in some on topic college classes to the awe of many.  Yes, times were tough and I ask for no sympathy…I’m way stronger because of it and I think I can relate to others better as a result.  This is not to say that I didn’t struggle along the way.  The truth is, it took me a long time to get to a point where I was able to handle my own emotions and words in difficult situations but I like to think I do pretty well now as an adult.  Not perfect, because no one is, but certainly better at being more self aware.  So what does all of this have to do with “manners” and “fighting fair on the internet?”  Well, in my household, in spite of the serious chaos and desire to act up, my momma always taught me that saying mean and hurtful things was not nice and if you didn’t have something nice to say you shouldn’t say it at all – regardless of the medium.  Of course, back then, there was no internet.  I suspect many of us had parental figures who taught a similar lessons.  Sure, I was allowed to disagree, after all she had a very independent little girl on her hands who was all about speaking her mind (God bless my mother), but if I was going to disagree I had to have real reasoning and I had to be able to articulate it respectfully.  Name calling and being mean just to be mean was not acceptable.  Being a bully was not allowed.

RESPECTFUL DEBATES…A LOST ART:  This week alone I found myself explaining to friends that I perceive the characteristics of good manners and respect to have been lost by society.  Nearly three times this week I have found myself saying “Ah, respect…it’s a lost art.”  Of course I don’t believe this about all people.  I have met some incredible people who could debate respectfully…especially in the legal field.  One of the great things about the analytic mind is that it allows you to see things from different angles.  Oh yes, there is something to be said for those who can articulate and argue positions without resorting to calling each other a “flaming dodo head” just because they see something differently or dislike a particular situation.  Unfortunately, however, I don’t see these traits as the norm anymore.  Where in the heck did the human connection go?  Apparently out the window followed immediately by manners and respect!

DISENGAGEMENT:  In an on point discussion this week I attributed this dwindling of respect and manners to technology and our loss of ability to be human; I mean really human, as in actually interacting with humans.  Think about it…most of our communications now are through some method of technology; and most don’t even involve actually speaking.  Instead of telling someone, to their face, that they are upset…they send a text message with broken language, odd use of capitalization and punctuation, and an abundance of emoticons or you get blasted on some form of social media or internet site.  We have become so reliant on technology that we have almost forgotten how to communicate and often feel really uncomfortable if and when we actually have to talk to someone else.  Do people even call in an order for pizza anymore?  We have all become so disengaged from other humans…

THE HABIT OF TECHNOLOGY: Next time you are out in public, look around at how many people are “together” but are totally or partially disengaged because they are too busy staring at a screen.  Maybe this even happens in your own home?  Until I started raising a fuss about it, and only because I became more self aware of the trap that I was falling into myself, it would be a regular and normal occurrence for myself and my significant other to be sitting on the sofa together, with the television on, but each also be totally engaged in something else online – be it reading an article or playing a game on our phones, tablets or laptops.  It’s a BAD habit!  It’s like one form of stimuli has become not enough…and we need more constant interaction in order to feel comfortable.  But we aren’t the only ones.  According to studies done by the Pew Research Center, “some 21% of Americans now report that they go online “almost constantly”  and “67% of cell owners find themselves checking their phone for messages, alerts, or calls — even when they don’t notice their phone ringing or vibrating.”  With all of this being online and/or constantly checking devices for messages, alerts or calls, it’s no wonder we, as a society, are no longer really connecting with people the way we used to.

WHEN HUMANS DO CONNECT:  Interestingly on point, I recently stumbled across the Liberators International organization who posted a video on their Facebook page showing an eye contact with strangers experiment posing the question “Where has the human connection gone?”  You are encouraged to link to and watch the short video for yourself, however, the idea was to have two total strangers sit and look into one another’s eyes for an entire minute.  The results…smiles, tears and/or hugs…from strangers.  So very amazing…and the facial expressions…so very telling and profound.

TIME TO MEND THE BROKEN:  The more we “connect” through technology and become akin to an individual island with a population of one the less we REALLY connect in a way where real emotion is involved.  The less legitimate human connection we have, the greater the opportunity for an IDGAF (I don’t give a F!) attitude to develop and the more opportunity we create for words and thoughts (mean ones) to flow without consideration for any consequences; for ourselves and for others.  Indeed, with the loss of our ability to really connect and communicate, we have also seemingly managed to lose the concept of manners and respect.  It’s time to figure out how to gain those characteristics back…one step at a time.

EXPERIMENT:  Try unplugging from technology (no cheating) during a time that you would normally “check in.”  This could be at home around family, at dinner with friends, or even just some time by yourself.  See how it makes you feel and what things around you you notice and report back.  I’d love to hear your feedback.

 

 

 

 

 

 

 

Anette B.

It’s Tax Season! How is Your Business Classifying Independent Contractors and Employees?

 

There has always been a battle between the W-2 and the 1099 people who assist your business, however, the federal government and many states in need of additional revenue are starting to really crack down and audit businesses classifications – and hefty penalties can be associated with those (think back pay, taxes, liability for workers comp, company benefits including healthcare, fines and interest penalties). It’s certainly not pleasant to think about…and you will want to be prepared for a potential audit. As the old saying goes, it’s not a matter of IF, you will get an audit, but WHEN you will get an audit.

The IRS has a 20 factor test (Rev. Rul. 87-41 provides 20 common law attributes); the Department of Labor has an “Economic Reality Test” that touches on about 7 elements; and the State of Arizona likes to consider the totality of the circumstances and puts an emphasis on the right of control without any particular single factor being conclusive.

In this situation it is better to be proactive than reactive…it could save you $$$ and possibly even your business. Plus, there are some safe harbors and ways to help address the issue ahead of time that may save you big $$$.

If you aren’t sure whether you have your Independent Contractor classified correctly, and you are an Arizona resident/business, I can assist you in walking through the elements. You can also file an SS-8 Form to have the IRS make a determination for you. That form can be found at the following URL: https://www.irs.gov/uac/About-Form-SS8.