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Posted: 31 Jan 2013 07:00 AM PST

Over the last 8 years I have used about every Press Release Distribution company there is. A branding agency we have been working with for my book suggested we try ereleases.

I wish I had more time to write about my experience with them but this morning I crashed my BMW X5 into a rock (4 foot wide 3 foot tall) and I am trying to get kids car seats moved and logistics figured out for tomorrow but anyway…

So we used ereleases and right away I got a call from their staff. At first I thought it was annoying like they were trying to upsell me so like any good MFCEO I had the phone to my assistant and have her handle it.

She said they just asked if we had any more questions.

Then I got this in the email:

OMG really guys? Ok its cute but cmon you know you just have some monkey photoshop in new clients names…. Right?

But then in my snail mail we got 2 hand written notes. From 2 different people.

They were what they call “brain storming sessions” and they gave me a ton of notes about suggestions on my next steps. Now this was impressive.

Then a few days after that I get this book, in paperback, that is “How to write an effective press release” or something like that. I will post a picture and update this post hopefully before anyone sees it.

I am actually so blown away by the quality of their customer service I haven’t even mentioned how effective the actual service is. Its honestly awesome. I have never… ever used a press release service where I got ACTUAL PRESS INQUIRIES.

Yes – Not sure if you saw that I was on the cover of the Omaha World Herald (money section) a few weeks back. That was because they picked up the release.

All in all over 40 news websites picked it up and syndicated the press release. I even got interviewed by my local hometown radio and news stations.

AND We had 3 different book publishers talk to us about doing a deal with them.

Sometimes, as a internet marketer, I always am so cynical about stuff. I always think there is an angle to everything. But sometimes people still deliver an amazing service with amazing customer service also.

Full Disclosure: I have not received any compensation what so ever for writing this post. Yes I know it was awesome and they should have paid me. Its all good though.

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Real reasons people sue

Posted: 31 Jan 2013 05:00 AM PST

Andy Beal recently wrote his thoughts on how to not get sued for defamation online… this coming after a 750k lawsuit was filed for someone something said on yelp.

First I want to say that I have a lot of respect for Andy. He is a really good guy and he has built a very underrated service in Trackur.

Andy’s post is mostly how to keep yourself from getting sued. Now I am not sure Andy’s experience as a plaintiff or defendant but I have found myself on both sides of that isle since I was first sued in federal court way back 8 years ago (that is the intial letter that started it all. The rest was sealed in the settlement). Probably going on 2 dozen.

I have been sued for defamation, libel, slander, hacking someones Facebook (really), and other things. I have sued people for mostly trademark infringement and copyright infringement with a few breach of contracts mixed in.

I absolutely love the legal system. Probably too much. In all of the cases we have been in we have never lost a motion let a lone a judgment. The best part? I have ALWAYS come out cash-flow positive from every lawsuit we have been in. I know that sounds crazy but counter suits are a bitch =P.

A.D.D. reminiscent moment – the only college level classes I truly loved were my pre-law classes. Especially legal debate. I really believe I would have been a hell of a litigator… but anyway…

Oh speaking of lawyers mine always remind me to say that I am not a lawyer and you should consult one before acting on anything I say.

Got it?

As always I am going to talk from my own experience. I am not going to tell you what to do.

This post is more about how to use the legal system… not really to protect yourself. Honestly at the end of the day there is no such thing as protecting yourself. There is only mitigating your risk, intent, and a few other things I will try to point out. So I will take Andy’s points completely out of context to make me look smart.

Ok here is Andy’s first tip on how to not get sued:

Always make sure you have a contract. This benefits both the buyer and seller, even if they know each other and have the best of intentions.

I semi agree with this but not so you don’t get sued but so each party is aware of each others expectations. It’s one thing to come to an agreement over drinks but its quite another to get it down on paper. Its VERY important to have a contract so EVERYONE is clear of what assets and liabilities each party is contributing in this contract.

Now from my experience a contract means dick all as far as keeping you out of a lawsuit. Now your going to hear a ton of people disagree with me when I say that but ask them how much experience they have in the actual matter…

From my experience lawsuits have always been filed because of intent & pride. No matter what the contract said one party felt the intent of the other was to do them harm. Now it becomes a matter of pride.

Unfortuantely almost all of my business deals that came to a legal ending ended with a non disclosure agreement so I regretfully can’t give you much of a specific example but lets just say that you came to me and wanted to start a business together. Terms are simple. My obligation is to provide technical services and financial backing. In the operating agreement it says you are going to provide people for customer service, sales team, whatever.

Then one day I find out my money is actually going to paying for you to outsource the customer service. Now in the fine print you could actually do this. But I know your intent is clearly against what we both agreed on in that you would provide the people who were already on your staff free of charge. But yes technically because of this contract you could do that.

So if you didn’t come to Jesus I would file suit claiming breach of contract and a lot of other thing that would cost you a lot of money. Again mostly because I know you intended to do me harm and also my pride was damaged.

Ok lets look at some real world outside the box cases. We have had several cases with people who have used my AdSense Photo to peddle their shitty products. This might not seem like a breach of contract but it is. That photo can be used in certain ways. When people intentionally use my likeness to confuse consumers into thinking their shitty product is some how related to mine that fucks with my pride. I pride myself on building quality products and services.

I could honestly go on forever about cases we have been through… but I need to go out to the beach (I am still in Maui).

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