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The situation is no better in today's competitive international and online economy than in 1949 when Arthur Miller penned his masterpiece 'Death of a Salesman' ' bleak and unforgiving. Whatever he or she might feel about a customer, the sales representative must follow the basic rule of sales: The customer is always right (even when the customer is wrong). With better and more readily accessible knowledge of competing sellers' pricing, customers can comparison shop for the lowest price almost without cost or delay. The lure of a slightly lower price online can make a customer forget the service and support that a good rep can provide. And all the goodwill established by the rep's prior work pales next to a slight price break, from the customer's perspective.
Many bottom-line driven businesses simply will not value the intangible and likely non-quantifiable benefits of a rep who spends time with his or her customer, unless it can find those benefits in a balance-sheet line item. Unfortunately, that attitude ignores the fact that the rep may have devoted many unpaid hours to educate the customer about product offerings, learn the customer's needs and then make recommendations based on that knowledge ' all ignored in favor of a simple price ranking.
Cost-cutting manufacturers, in turn, squeeze the rep constantly by increasing sales quotas and requirements. To remain an authorized rep, he or she must master new technology, reporting systems and marketing plans, all while struggling to visit existing and potential customers who are also constantly squeezed for time in the 'yesterday is too late' world of business. Today, the ubiquitous and equalizing Blackberry gives the diligent rep and the lackadaisical one the same ability to reply immediately to a customer's needs, whether the rep is planted in front of a laptop, or on the golf course. Willy Loman's mantra, 'The man who makes an appearance in the business world, the man who creates personal interest, is the man who gets ahead; be liked and you will never want,' has been turned on its head by technology. 'Making an appearance' has become easy through the tools technology offers reps for staying connected with clients and potential customers ' without even taking into account more sophisticated but readily available marketing software such as www.salesforce.com, or the tools described in an article at www.knowthis.com/articles/marketing/findingsalesleads.htm. Constant availability of the rep has become the client's minimum expectation, rather than a goal.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.