score-pittsburgh chair's scrapbook 2007 - 2009, barry j. lipson, esq., chair

8/10/2019 SCORE-Pittsburgh Chair's Scrapbook 2007 - 2009, Barry J. Lipson, Esq., Chair

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Chairs Scrapbook2007 - 2009

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SCORE PittsburghMission

SCORE Pittsburgh is committed to business development and job creation in southwestern Pennsylvania. We will do this by utilizing the broadbusiness experience of our volunteer counselors and available external resources.

Organizations History

SCORE, the Counselors to America's Small Business, is a non-profit organization of experienced business owners and managers who give freeconfidential business counseling to small and beginning businesses. Small businesses are defined by the Department of Commerce as having up to500 employees, or if a retail operation, by the dollar amount of its sales. This is the target group for SCORE. As a resource partner with the U.S.Small Business Administration, SCORE has been the primary source of professional volunteer counselors to Americas small businesses for over 40

years. National SCORE, as well as all of its hundreds of chapters, is a 501(c) (3) organization.The Pittsburgh Chapter of SCORE was founded in 1965 and is the seventh oldest SCORE chapter in the United States. Pittsburgh SCORE servesAllegheny County and parts of Armstrong, Beaver, Butler, Lawrence and Washington counties, an area with a population of approximately 2 million

people and over 50,000 businesses.

Current Programs and Activities

In addition to customized individual business counseling, SCORE offers a Small Business Basics Workshop for people who are just getting started inbusiness, are in the planning stages, or are struggling with early stage challenges. This is a half-day seminar covering the basics of starting andrunning a business. The workshop applies both past experience and current theory to the process of becoming successful entrepreneurs. The

presenters represent a mix of SCORE counselors and volunteers from the insurance, accounting, marketing, and legal professions.

SCORE provides free and confidential individualized counseling to existing businesses as well as those just starting out. Counseling continues for asmany sessions as the client wants in order to get the results they desire. The SCORE counselor serves as a sounding board for the clients ideas, for

brainstorming new ideas, or giving solid business advice. Some examples of how SCORE counseling can help include ideas on how to grow abusiness by using the internet, ways to improve profits by reducing costs, and assistance in writing a business plan. SCORE counselors offer advice

based on their many years of business experience as executives or small business owners.

SCORE counseling can be arranged by submitting a Request for Counseling form on our website. The request is matched to a specific counselor andthe counselor then contacts the client to arrange a mutually agreeable time and place for the first meeting.

Our website, www.scorepittsburgh.com, provides a wealth of information. A detailed Guide to Writing a Business Plan is available with links toother helpful resources on that topic. The Frequently Asked Questions section deals with topics such as getting started, planning and organizing

buying an existing business and raising money. The Info Links tab provides links to many useful small business websites.

SCORE has a Speakers Bureau that provides SCORE members the opportunity to discuss topics related to running a start-up or small business inwestern Pennsylvania. The speakers are available for meetings of professional, civic, industrial, for-profit, non-profit, fraternal or religiousorganization in addition to local Chambers of Commerce. There is no charge for the speakers' services.

We maintain an active mentor program by recruiting and maintaining members who will provide quality counseling to our clients. We do thisthrough in-depth interviewing of prospective counselors, continual training to upgrade counselor skills, ensuring adequate resources to supporcounseling activities, and utilizing co-counselors when appropriate.

Barry J. Lipson, Esq.

*Legal, Business, Governmental and Judicial Experience have included:

*Legal: Admitted to the Practice of Law in New York, Pennsylvania, and various Federal Courts including the United StatesSupreme Court. General Counsel to leading multi-national enterprise and legal counselor to major consumer products, drugmanufacturing, construction, and materials companies. Headed Corporation Division of well-respected Law Firm. Advanced LegalDegree in Trade Regulation.

*Business: Degree in Marketing and Economics from Wharton School of Business, University of Pennsylvania. Registered by theInternational Executive Service Corps (IESC) in the "IESC's Skills Bank Database of Experts." Vice President, Secretary andAssistant Secretary to major corporations and enterprises. Section Manager and Sales for major Department Stores and FoundingDirector of Food Cooperative.

*Government:Served three terms on Industrial Functional Advisory Committee on International Standards (appointed by the U.SSecretary of Commerce and the U.S. Trade Representative). Assistant Attorney General in Anti-Monopolies and Litigation Bureau(NYS). President, Allegheny County Transit Council. Lt. Commander, U.S. Naval JAG Corps (Certified Trial and Defense Counsel).

*Judicial:Adjunct Settlement Judge and Arbitrator for U.S. District Court for Western Pennsylvania. Certified for Federal "positionof Administrative Law Judge (ALJ), AL-3." Arbitrator and/or Mediator for American Arbitration Association, Arbitration ForumsInc., Better Business Bureau, EEOC, and NASD. Arbitrator and Master for Pennsylvania Court of Common Pleas.


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So You Want To SCOREAt Business?

A Necessary Coach: Your Attorney A Facilitator For All Stages!

by Barry J. Lipson, Esq.

The Big Decision!

If employed,are you willing to give up security of pay check and benefits?If not, can you take on another full time + job?If unemployed, can you afford to give up fully concentrating on your job search?

The Idea!A new invention, product or service.An existing business opportunity.A pre-packaged business venture.

Attorney needed for:Protecting your idea!Preparing necessary Secrecy/Confidentiality Agreements;Assisting in due diligence;Counseling on various methods of acquiring business properties/assets;Preparing/reviewing/negotiating Acquisition Agreement;Reviewing & negotiating Franchise Agreement;

And more!

Realizing and Protecting Your IdeaPreparing your business plan informally and formally.Finding backers, participants and/or joint venturers.Choosing your business, products, services names.Arranging sources of funding.Obtaining necessary real property, equipment, tools, inventory and supplies.Arranging sources of hands on assistance.

Attorney needed for:

Reviewing your business plan;Determining availability of, reserving & protecting your business, product & service names;Arranging for necessary licenses, registrations and approvals;Counseling on advisability of protecting confidential information as trade secrets;Counseling on and seeking patent, copyright, trademark protection;Preparing/reviewing/negotiating funding, real estate & purchase agreements;And more!

Business OrganizationLiability and tax considerations may govern:

Sole ProprietorshipPartnershipLimited PartnershipLimited Liability CompanySubchapter S Corporation


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Normal Business CorporationNon-Profit Corporation

Attorney needed for:Advising on pros and cons of various structures, including liability issues;Working with your CPA to determine advisable structure;Preparing and making the necessary filings and registrations;Preparing/reviewing/negotiating Partnership, Shareholder, Co-Owner Agreements;Discussing advisability of and including divorce provisions in initial Agreements;

Discussing advisability of and including succession provisions in initial Agreements;And more!

Building Your TeamIn addition to the coaches you should already have on your team, your Lawyer and your CPA, and

possibly your Banking, real estate, insurance, human resources and marketing professionals, you will

or may need:Co-OwnersEmployeesRepresentativesAgents

DistributorsSuppliersCustomers


Counseling on advisability and limitations of Agreements Not To Compete;Preparing/reviewing/negotiating Co-Owner, Shareholder & Partnership Agreements;Preparing/reviewing/negotiating Employee Agreements;Reviewing your employment practices for NLRB, EEOC,PA HRC, etc., compliance;Counseling on pros and cons on various methods of distribution;Preparing/reviewing/negotiating Representative and Agency Agreements;

Preparing/reviewing/negotiating Distributorship Agreements;Preparing/reviewing/negotiating purchase agreements;Preparing/reviewing/negotiating sales agreements;

And more!

Selling Your Product/ServiceMarketing and AdvertisingPublicity, Public Relations and PromotionPublish or PerishTrade Associations


Educating you on requirements and restrictions of Antitrust Law & Laws Regulating Trade;Reviewing you advertising for truthfulness and for not being false, deceptive or misleading;Reviewing your marketing, labeling, etc., for FTC, FDA, FCC, EPA, USPS,etc., compliance;Making benefit/risk evaluation of Trade Association membership/participation;

And more!

And thats just the beginning ..


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The Pittsburgh SCORE Newslettershttp://www.scorepittsburgh.org/

AUGUST 2007 SEPTEMBER 2009

CHAPTER CALENDAR FOR AUGUST 2007

MEMBERSHIP MEETING

THURSDAY SEPTEMBER 6, 200710 am Federal Building Room 1310

The September 6 membership meeting is the "transition of power" meeting and will feature presentations by in-comingChair Barry J. Lipson and District Director Don Carpenter on news of interest from the recent annual National SCOREChairs meeting held in Scottsdale, AZ.


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RESERVE SEPTEMBER 28, 2007 FOR AN IMPORTANT HAPPENING:

September 28, 2007 INSTALLATION(In Place Of September Committee Chairs Meeting)

SCORE:It is most important that we are well represented at 9:30 AM on Friday, September 28, 2007, at the SewickleyYMCA (driving directions below) for the installation of your 2007-08 SCOREPittsburgh Officers, by Stephanie A.Watkins, Regional Administrator, Region III, U.S. Small Business Administration (SBA), before the Senior Men's Club(SMC); and to recognize and honor our Past Chair J. Lee O'Nan as 2007 SCORE Volunteer of the Year for the 27Counties of Western Pennsylvania, awarded at the Annual Small Business Administration Luncheon. The professiona

DVD prepared for that Luncheon, highlighting Lee's work for SCORE and how he feels about what he does, will beshown.

SBA:The Installing Officer, Regional Administrator Watkins, whose headquarters are in Philadelphia, Pennsylvania, isresponsible for the delivery and management of the SBAs financial assistance, business development, and advocacyprograms throughout the States of Delaware, Maryland, Pennsylvania, Virginia, West Virginia and the District oColumbia. During fiscal year 2006, SBA Region III approved 8,400 loans to small business owners, totaling more than$1.4 billion.

SMC:The SMC, with which our incoming Chair Barry J. Lipson is affiliated as their Legislative Chair, is a very welestablished and award winning organization of approximately 300 retired gentlemen, many of whom are retired businessexecutives, business owners and professionals, prime potential SCORE Counselors. Their members perform communityvolunteer services through the SMC and they have very high quality programs each Friday morning, including such a

program that will follow our installation (see below), to which we are all invited. Between a quarter and a third of theirmembership usually attend each of these Friday meetings.

PROGRAM:Immediately following the SCOREPittsburgh Installation, Lindsay Bond Totten, President of the BotanicGarden and Horticultural Society of Western Pennsylvania, will speak on local plants and the new Botanic Garden ofWestern Pennsylvania, which when completed will be the region's most comprehensive outdoor garden. On thedevelopment of new plant varieties, she has opined: "No one is working on plants for Western Pennsylvania gardeners. It'sa huge void here." A void she has already started to fill with the introduction of the cultivated new "Icy Light" variety ofironweedWe'll drink to that!

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AND OCTOBER 4, 2007 FOR ANOTHER IMPORTANT HAPPENING:


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October 4, 2007 ANNUAL MEMBERSHIP MEETING

This year at Noon on October 4, 2007 we will most appropriately be returning to "Pittsburgh's Wall Street,"known to usnow as Fourth Avenue, with its ghosts of "low-rise banking houses, alternating with turn-of-the-century skyscrapers." Stilremaining are the complex, intricate and decorative architectural facades, marbled lobbies, and some banking edifices"most notably Dollar Bank's jewelbox building (1871) at Fourth and Smithfield Streets," and right across the street, the"coldly classical" original Union Trust Building, where we will be meeting, with its fine wooden paneling, elegant BalRoom and giant vault in which we may either be locked or nibble. Numbered 337 Fourth Avenue, and now housing theEngineers' Society of Western Pennsylvania, which is noted for its excellent kitchen, it was built in 1898 for Henry ClayFrick by Daniel Hudson Burnham (1846-1912), one of the Chicago architects responsible for the earliest development of

the American skyscraper. After our Annual Meeting, in addition to touring the new upscale Downtown living options, wehope to be guided through this most historic building.

We encourage all members to join us, and if you have recently received a Certificate from National SCORE, please makesure to attend so we can personally recognize and honor you. We will also be introducing our new Officers for 2007-2008Our Annual Meeting Chair Joyce Pearl advises we will be holding the cost at last year's level of $22.00, and that you willbe receiving your invitation shortly. Please reserve this date now.

SCOREPittsburgh Oath of Office

Do you solemnly swear (or affirm) that you will support and uphold the Constitution of the United States; that to the best of yourknowledge, skill, and ability you will faithfully perform the duties of the position to which you have been elected or appointed; andthat though the diligent and faithful performance of these duties you will aid SCOREPittsburgh in counseling small businesses, and in

the advancement and betterment generally of small businesses throughout our community and our nation? I DO.

BARRY J. LIPSON, as Chair of SCOREPittsburgh, do you further swear (or affirm) that to the best of your knowledge, skill, andability, you will do all things deemed advisable in the exercise of your best judgment to guide SCOREPittsburgh in the successfulachievement of these goals and objectives. I DO.

REMARKS OF INCOMING CHAIR BARRY J. LIPSON

Pittsburgh, PA October 4, 2007

Welcome to "Pittsburgh's Wall Street"and the original Union Trust Building, built in 1898 for Henry ClayFrick by Daniel Hudson Burnham (1846-1912), one of the Chicago architects responsible for the earliestdevelopment of the American skyscraper.

SCORE and the SBA were well represented this past Friday, at the Sewickley YMCA Senior Mens Club,where Stephanie A. Watkins, Region III Regional Administrator of the U.S. Small Business Administrationinstalled your 2007-08 SCOREPittsburgh Officers, and Past Chair J. Lee O'Nan was recognized as 2007 SBASCORE Volunteer of the Year for the 27 Counties of Western Pennsylvania. The professional DVD preparedfor this Award, highlighting Lee's work for SCORE and how he feels about what he does, was shown, and isavailable for use in recruiting additional qualified Counselors.

Because of an unavoidable personal conflict, the Expanded Chairs Meeting has been moved, just this once, toThursday, October 18, 2007, at the same time and place, 10 AM in the SBA Conference Room. At that time wewould like each Chair and all of those who are responsible for key assignments to describe to all of us theirSCORE experiences over the years; what they now do; what needs to be done; and how it can be done even

better in the future, if that would be possible. We also hope to have some nibbles at the meeting.

It is my plan/hope that to the extent possible the Chairs/Key Position-holders will continue in their positions, atleast for the next year, and that, as recommended by The American Society for Training and Development,each of you will be recruiting, recommending and training your successors, and also be preparing for future use,a written job description and procedure guide, if a current one does not already exist for your area.

Since my trip to DC where I met with U.S. Representative Tim Murphy,I have been in conversation with hisChief Aide, and Representative Murphy will be planning to meet with us, and would like to know what wewould like him to do for SCORE in Congress. But more on this later. Now its time to enjoy one of Joycesalways enjoyable programs.


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CHAPTER CALENDAR FOR NOVEMBER 2007

MEMBERSHIP MEETING

THURSDAY November 29, 2007

[NOTE: Date was changed to accommodate Rep. Murphy's demanding schedule]Coffee and Pastries Social Half-Hour at 9:30 AM, Meeting Starts at 10 AM.

Topic: CONVERSATION WITH U.S. CONGRESSMAN TIM MURPHY

The Congressman's Office writes: "having an idea of the issues for the Congressman to address ahead of timewill be very helpful. We've had many SBA legislative proposals this session - narrowing it down to those mostrelevant to Pgh chapter of SCORE will ensure we have the answers your members seek." So e-mail me yourSmall Business and SBA related questions in advance such as: "How can SCORE score in Congress?" Alsobring those questions you have always wanted to ask your U.S. Congressman.

We have invited our fellow SCORE counselors from Uniontown and Westmoreland, and our SBA Associates tojoin us.

Remember, Parking is reimbursable & Public Transit is free at anytime for Seniors with proper ID.

Biography of Congressman Tim Murphy

Congressman Tim Murphy has had a most interesting career even before he entered Congress. According to his"Web" biography, after earning a PhD in Psychology, he "opened a small business, went to work at hospitalsacross Western Pennsylvania, consulted for schools and Head Start, and taught at the University of Pittsburgh."He also "authored several publications, including two books: the award-winning 'The Angry Child,' and'Overcoming Passive-Aggression.' During this time, he became widely known as 'Dr. Tim' through regularappearances on local and national radio and television." Tim is an "advocate of the Rails to Trails programs, anactive participant in events for Habitat to Humanity and member of several Rotary Clubs and Chambers ofCommerce."

We would be interested in learning about his "small business" and "Chambers of Commerce" experiences; if DrPhil is Dr. Tim's protg; and I would like to know (as passed President of the #3 Kiwanis Club and Kiwanian

of the Year), why Congressman Murphy chooses Rotary?

From 1997-2002 Tim Murphy served in the Pennsylvania State Senate as one of the very few elected officials"with a health care background.... He penned the states historic Patient Bill of Rights, ... increased funding formedical research," and "served as chair of the Pennsylvania Committee on Aging and Youth."

The Congressman joined the U.S. House of Representatives in 2003, "representing the people of the 18thdistrict of Pennsylvania," and has now been "named a member of the Energy and Commerce Committee. He hasthree subcommittee assignments: Health; Oversight and Investigations; and Environment and HazardousMaterials," and also "serves as Co-chair of both the Congressional Mental Health Caucus, and the 21st CenturyHealthcare Caucus."

Tim Murphy advises he "makes it a priority to bring together business and community leaders to focus on

new and innovative ways to retrain our job force to better position Western Pennsylvania to face the

challenges of the new world economy."

It seems that SCORE and the Congressman are on the same wave length, encouraging the success and growthof "new and innovative" business in the 18th District, Western Pennsylvania and the Nation. That's whatSCORE is all about! However, to do so for the public good we need fair and adequate funding. Therefore, ourinquiry: "How can SCORE score in Congress;" and how as a member of the "Energy and CommerceCommittee can he help SCORE, and through SCORE the health of the Western Pennsylvania economy?


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CHAPTER CALENDAR FOR MARCH 2008

STEERING MEETINGAll Members & CITs are Welcome & Encouraged to Participate

Thursday, March 27, 2008, SBA & SCORE Offices

Social Half-Hour at 9:30 AMRuth will brew CoffeePlease bring "nibblies" to share

The old Chairs Meeting is now the Steering Committee Meeting WITH A CHANGE. It will still normally meet the last

Thursday of the Month and the participation of all Officers, Chairs and Members with Specific Duties is still expected(barring special circumstances), but now the participation of all members with a desire to actively participate in

SCORE is also strongly encouraged. Its Purpose: To "steer" the future of SCOREPittsburgh!

This Should be an Interesting Meeting

Following Introductions and Brief Reports All Around

Steve Cohen will bring us up to date on Desk Duty, which re-started in earnest March 10, 2008, and on

which Don Carpenter, who served the next day, advised:

I did my first stint on desk yesterday and found it quite enjoyable. There were only five messages which wereasily dealt with and six new calls. This kept me reasonably busy but not overwhelmed. If this is indicative, counselor can expect to be kept reasonably busy. I also had an opportunity to talk with several SBAemployees. I explained that we would now be staffing the desk on a more regular basis and they seemegenuinely pleased. Our presence improves our image with the SBA.

We will then examine the attachedSELF-DIRECTED CHAPTER EVALUATIONquestionnairethat was adapted for SCOREPittsburgh from a Non-Profit Training Program.

Please spend a few minutes Printing and Filling it out, & Bring it with you.

At 11:00 AM we will then meet with the IRS.

Philip G. Yamalis, Stakeholder Liaison with the Internal Revenue Service, is seeking an IRS partnershipwith SCORE, to further promote taxpayer education for the small business community. We hope not only tohelp the small business owners succeed, but also to prevent tax problems.

Noon - Adjourn

MESSAGE FROM CHAIR BARRY J. LIPSON FOR APRIL 2008

Counselors may NOT practice law or give legal advice. However, through the Allegheny County BarAssociation (ACBA) Lawyer Referral Service, your client is able to be referred to one attorney practicing in thefield your client desires counseling.

There is a $25.00 Referral Service fee (which is not a fee to the attorney), that entitles your client to up to 30minutes of consultation with that attorney. Anything above and beyond this is then between the client and theattorney, and at the attorney's normal rate or a rate negotiated between them. The client is under no obligation tohire/retain the attorney, nor is the attorney obligated to take the matter/case.

If you have clients interested in obtaining such legal referrals they may call the ACBA Lawyer Referral Serviceoffice Monday through Friday from 9 am to 4 pm at (412) 261-5555, and speak with the Referral Service


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MESSAGE FROM CHAIR BARRY J. LIPSON FOR MAY 2008

Ten Quotes to Run Your Business.

What do you think (we may print your thoughts in the next Newsletter)?

* To be successful in business you dont just need a great idea you have to sell it. Dont be afraid to sell. Dont

think of yourself as anything but a marketer. (Susan Sobbott)* Every brand isnt for everybody, and everybody isnt for every brand. (Liz Lange)* The Web puts an exponential twist on the whole word of mouth thing, because word of mouth is now happeningvirally. (Blue Man)* An inner quality that many entrepreneurs say helps them survive is optimism. (Jean Chatzky)* If you had to choose an address, it would be on the corner of Art and Commerce. (Mario Batali)* A little personality goes a long way. (Jean Chatzky)* Be aggressive in getting media coverage. (Liz Lange)* Follow your bliss. (Blue Man)* We are all competing against mediocrity. (Blue Man)* Everyone talks about growing the business, but what you dont hear enough about is the importance of notgrowing the business too fast. (Blue Man)

As slightly paraphrased by Anita Campbell of Small Business Trendsfrom an American Express OPEN Forum.

MESSAGE FROM CHAIR BARRY J. LIPSON FOR JUNE 2008

Occam's Razor and Your Clients' Business

William of Ockham, a/k/a "Occam" (1285-1349), a fourteenth-century English Franciscan friar and philosopher

was a proponent of applying the "Law of Parsimony," better known asOccam's Razor,to solving problemsPhilosophically, he shaved the chaff from the kernel of wheat to arrive at the simplest solution. Entia non suntmultiplicanda praeter necessitatem, he proclaimed, or translated: "Entities are not to be multiplied beyondnecessity." What does this mean for your business clients? It means that, all things being equal, until shown tobe wrong, the simplest explanation is the best one, and then the next simplest, etc, etc., etc.

"What it boils down to is that in explaining any phenomenon, you should make as few assumptions as arenecessary to the task. Or, to be more explicit still, the simplest explanation that covers all the facts is likely to bethe correct one. Note that it is not an infallible rule or law, but it is a very useful tool which has servedscience well over several centuries"(Barry Williams Blog, October 03, 2007).

Paraphrasing "Association Trends,"the following three free Occam's Razor-type Guidelines may serve well

your clients:

a) The more complex a business plan, procedure, etc., the more trouble there will be to follow it.

b) The simpler a business plan, procedure, etc., the simpler to implement, program, and evaluate.

c) When it's easier to understand, it's easier to buy, sell, build, plan and explain.

"If you're trying to determine how well you've applied Occam's razor to your business rules, here is a simpletest: Ask yourself, 'How many questions does it take to get to the answer?' ... and you'll begin to get a sense ofhow simple or complicated you've made things for your staff, your members and your customers.... Occam'srazor can be applied to all functional areas" ("Association Trends").


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MESSAGE FROM CHAIR BARRY J. LIPSON FOR AUGUST 2008

Recent Changes in the US Patent Law

Article I, Clause 8 of the U.S. Constitution provides that: "The Congress shall have Power To ... promote theProgress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Rightto their respective Writings and Discoveries", "Americanizing" in so far as patents are concerned, the provisionsof the Statute of Monopolies of 1624, whereby the English Parliament endowed inventors with the sole right totheir inventions for fourteen years. The right conferred by the patent grant is, in the language of the statute andof the grant itself, the right to exclude others from making, using, offering for sale, or selling the invention inthe United States or importing the invention into the United States. What is granted is not the right to make,use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling orimporting the invention.

VJ Karra, one of our newest SCORE Counselors and a hands on IT Specialist, brings to our attention that thetraditional U.S. 17 year patent has been upped to 20 years and other changes. Under this Constitutionalpower Congress has from time to time enacted various laws relating to patents. The patent law specifies thesubject matter for which a patent may be obtained and the conditions for patentability. The law establishes theUnited States Patent and Trademark Office (USPTO) to administer the law relating to the granting of patentsand contains various other provisions relating to patents. The first patent law was enacted in 1790. The patent

laws underwent a general revision, which was enacted July 19, 1952.On December 8, 1994, President Clinton signed into law the Uruguay Round Agreements Act. This Act madeseveral significant changes to U.S. patent law, such as:

i) Patents will now provide rights starting on the issue date and will expire 20 yearsafter the earliest effective filing date of the application instead of a 17-year term.

ii) A "provisional application" system involving a low cost, reduced-formalitiespatent application is provided in addition to the original non-provisional applicationsystem for filing.

On November 29, 1999, President Clinton signed into law the American Inventors Protection Act. This lawcontains several provisions, including the First Inventor Defense Act which provides a prior use defense forbusiness method inventions, the Domestic Publication of Foreign Filed Patent Applications Act which providesfor publication of U.S. patent applications that are also filed in foreign countries, the Patent Term Guarantee Actwhich guarantees a patent term of at least 17 years if certain requirements are met, and the Optional Inter PartiesReexamination Act which provides for third party reexamination requesters to participate throughout areexamination proceeding.

Under previous U.S. patent law, patent applications were maintained in secret until they issued as patentsUnder this new law, U.S. patent applications will be published 18 months after filing, just like in the foreigncountries. The publication will occur unless the application has been abandoned before publication, is subject toa secrecy order by the government, or the applicant requests that the application not be published. Also,provisional patent applications and design patent applications are not to be published.

There are additional change winding their way through Congress and the USPTO. The US Patent Act wasalways friendly to the patentor and the proposed amendments will bring the US patent law in harmony with thepatent laws of the rest of the world. There are also several other minor changes being proposed.

To determine how the Patent Laws apply to your clients please advise them to consult with their Patent

Attorneys for, as you know, SCORE can not give them legal counsel.


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CHAPTER CALENDAR FOR SEPTEMBER 2008

CHAPTER ANNUAL MEETING AND LUNCHEON

PITTSBURGH GLASS CENTER

Thursday October 2, 2008

TheTheTheThe Chapter Annual MeetingChapter Annual MeetingChapter Annual MeetingChapter Annual Meeting &&&& LuncheonLuncheonLuncheonLuncheon

atatatat the Pittsburgh Glass Centerthe Pittsburgh Glass Centerthe Pittsburgh Glass Centerthe Pittsburgh Glass Centeris setis setis setis set for Octoberfor Octoberfor Octoberfor October 2222, 2008, 2008, 2008, 2008....

The day will start with a tour at 11 am, including a sneak peek at a new installation in the exhibit area. At12:30 p.m. everyone will enjoy a box lunch from Whole Foods Market. There will also be an optional hands-on activity following lunch, to make a glass flower or fused tile.

MESSAGE FROM CHAIR BARRY J. LIPSON FOR SEPTEMBER 2008

New Dogs Nibble At Cracker-Barrel

Yours truly's' latest Federal Speaking column (Number 56) focused on what I believe is a SCORECounselor's greatest asset, his/her Cracker-Barrel Wisdom. It is how "we teach new dogs old tricks."TheSCORE Counselor "shares what seems to him or her to be the obvious, to be cracker-barrel wisdom, his/herstore of knowledge gained through education and experience." The new dogs, "to whom this is at first allGreek, listen, -- listen a little more, -- listen just a bissel more, -- and then, 'Voil!,' something clicks. Yelpsof excitement escape their muzzles, and sparkles of comprehension form in their eyes. They eagerly startnibbling at the cracker barrel.

"Like, 'modern poets Carl Sandburg and Robert Frost, decked out as harmless old gaffers dispensingcracker-barrel wisdom" (Dickstein, Going Native, AmericanScholar.org, Winter 2007),' this folksy art-formcan be highly underrated." We, the "old dogs," must reach out to aspiring entrepreneurs to bring these "newdogs" the "magic and wonder of this osmotic ('OZmotic') tool to transfer wisdom from the wiser to the

nescient, inducing the unwitting diffusion of knowledge from the" old dog's "higher concentration ofexperience and wisdom," to the new dog's "place of lesser stores of knowledge and sophistication, tendingtowards equalization.

Such dispensing of cracker-barrel wisdom is a wonder to behold. I have seen it at work with my fellowInfantry Soldiers seeking informal counsel from the one among them they learned had just passed the Bar (thenon-alcoholic one); with senior citizens being shown the mystic powers, to them, of the computer; withpersons desiring to start small businesses; and with senior executives of major multi-national companies."

But beware, it is not always so. Too many have blinders on. They can see the Pot-of-Gold in front of them,but not the lions to the left or the tigers to the right. They resist even nibbling from the barrel. I have seen thisin Senior Executives with obvious illegal business schemes who plaintively (actually defensively) inquire:

'Can you keep the Justice Department at bay until I retire in three years' (I could, but didn't actually need to as Ilater dissuaded them from going forward); in fair-haired marketeers who admit various versions of 'I don't careif the Chinese will own my company's technology in 10 years, this joint venture will make me look good nowand I don't expect to be here then;' and in those who cling to negativity, such as 'you can't negotiate withrailroads' (you can negotiate with anyone where you have something they want -- I did, and was perhaps thelast to sell a tie treating plant to a RR along with the associated environmental liability)."

So offer our new dogs viable lawful alternatives, be persistent yet intuitive, follow through and, mostimportant, be creative. Like Snoopy counseled Woodstock, share your cracker barrel wisdom with your newdogs (or birds). These be Spockian Rules by which to "live long and prosper," while scoring for SCORE.


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Federally Speaking by Barry J. Lipson (#54)

Number 54

Welcome to Federally Speaking, an editorial column for ALL interested in the Federal Scene, originallycompiled for the members of theWestern Pennsylvania Chapter of the Federal Bar Association and all FBA members. Its purpose is to keep you abreast of what is happening inthe Federalarena, whether it be a landmark US Supreme Court decision, a new Federal regulation or enforcement action, a heads ups toFederal CLE opportunities, or other Federal legal and related occurrences of note. Its threefold objective is to educate, to provoke thought, andto entertain. This is the 54th column in this series, and together with prior columns is available on the website of the U.S. District Court for theWestern District of Pennsylvania: http://www.pawd.uscourts.gov/Pages/federallyspeaking.htm.

Scoring With SCORE!

This issue is dedicated and devoted to SCORE, "Counselors to America's Small Business." SCORE,

incorporated in 1975 as a 501(c)(3) Nonprofit Organization, receives annual appropriations from the U.S.Congress for counseling small businesses. SCORE is dedicated to entrepreneur education and the formation,growth and success of small business nationwide. With nearly 400 Chapters in locations throughout theUnited States and its territories, and nearly 11,000 volunteers nationwide, SCORE provides free counseling,professional referrals and low-cost workshops to aid in counteracting failures through inexperience of smallbusinesses, and to help the budding entrepreneur in doing it right the first time.

SCORE is the adopted child of, and a resource partner with the US Small Business Administration (SBA).SCORE; originally stood for Service Corps Of Retired Executive, but today SCORE is much more. Itprovides "Counselors to America's Small Business," offering to small businesses and to those wishing tostart small businesses, the voluntary services of working professionals and retired executives who

donate their time and business expertise, to help them get it right. In the spirit of full disclosure, yourcolumnist is Chair of SCOREPittsburgh.

Papa/Momma SBA

The U.S. Small Business Administration was officially established in 1953, though its philosophy andmission were shaped years earlier through predecessor agencies, largely as a response to the pressures of theGreat Depression and World War II. The Reconstruction Finance Corporation, created by President HerbertHoover in 1932 to alleviate the financial crisis of the Great Depression, was SBAs grandparent.

During World War II, to help small businesses participate in war production and give them more financialviability, Congress created the Smaller War Plants Corporation in 1942. The SWPC was dissolved after the

war, and the RFC, and a newly formed Office of Small Business in the Department of Commerce assumedits responsibilities. At the advent of the Korean conflict, Congress created another wartime organization tohandle small business concerns , this time called the Small Defense Plants Administration.

Then in 1953 Congress created the Small Business Administration (SBA), to "aid, counsel, assist andprotect, insofar as is possible, the interests of small business concerns;" and to ensure small businesses afair proportion of government contracts and sales of surplus property (Small Business Act of July 30,1953). In that same year Maurice du Pont Lee of Wilmington, Delaware gathered a small group andformed a consulting and advisory service for small businesses, which during the following decade spread


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so that by 1963 there were more than 50 independent groups across the country providing low-cost orno-cost business counseling.

On October 5, 1964, SBA Administrator Eugene P. Foley officially launched SCORE as a nationalvolunteer group with 2,000 members, uniting these independent efforts into a national force. SCOREorganized itself nationally and in 1975 incorporated as a 501(c)(3) Nonprofit Organization. From 1964 to1978 SCORE provided small business counseling service to 2 million Americans; served its 7.5millionth client in 2006; and as of now the number is 7.8 million. Today, SCORE volunteers donate well

over a million hours annually, working with entrepreneurs through every phase of their entrepreneurialventure, from generating and assessing ideas, and assisting with business plans and raising capital; tomaking professional referrals and aiding in managing the operations and finances of growing ventures.

What Is The SCORE?

We have often heard said that 90% of new businesses fail. Rhonda Abrams, one of the nations mostrecognized advocates for small business," disputes this: I know those statistics scare people away fromstarting their own businesses, but I've looked at statistics of business births and deaths closely, and I knowof no credible study showing anything close to a 90% failure rate. Ms. Abrams positive outlook is bornout by SBA findings that two-thirds of new employer firms survive at least two years, and about 44%survive at least four, and these findings do not differ greatly across industry sectors. But what of "non-employer firms that make up the majority of businesses"? In his article Failure to Launch? Debunkingthe Myth that Most Startups Crash and Burn,Mark Henricks, lifestyle entrepreneurship author, advisesthat this unknown should become "known" shortly, as "SBAs Office of Advocacy has convinced theCensus Bureau to do a study of annual entry and exit rates of even the smallest businesses" (EntrepreneurMagazine,February 2007). But key is the truism that businesses that beforehand are aware of the possiblepitfalls, pratfalls, shortfalls, silver linings, and/or, best of all, windfalls, are much more likely to succeed.

The SBA also shares with us the many benefits conferred by small business on our economy. According totheir findings the estimated 25.8 million small businesses in the United States have generated 60 to 80percent of net new jobs annually over the last decade, and employ 50.6 percent of the countrys privatesector workforce. Indeed, small businesses represent 99.7 percent of all employer firms and 97 percent

of all the exporters of goods.Most interesting, small businesses generate a majority of the innovationsthat come from United States companies.

During 1979-2003, self-employment increased: 33 percent for women; 37 percent for African Americans,15 percent for Latinos, 10 [percent] for White Americans and 2.5 percent for men (SBA Office ofAdvocacy). Then too, women not only ask directions, but are more likely to seek business advice -- 69percent women vs. 47 percent men (American Express); and as two SCORE counseled women businesspartners have advised:We have lots of female friends who have started their own businesses. We referthem all to SCORE. Its a great organization(Little Scoops, infra.).

The Proof Of The BROWNIES

Following are examples of entrepreneurs who Scored With SCORE,ideal success stories that deal withstart-up businesses and/or concern going business concerns, whose SCORE Counselors Scored ForSCORE. Please note the differing SCORE referral sources, the SBA, Mass Media, and Word of Mouth.Ifyou need business counseling, or would like to be consider as a SCORE Counselor, please contactSCOREPittsburgh at: http://www.scorepittsburgh.org (412-395-6560 ext. 130).

***

"I couldn't imagine starting a business without a mentor. I wouldn't have done this without SCORE. I

started as a novice and learned about the specialty food industry from the ground up. With SCORE's

advice and a lot of hard work, No Pudge!, is experiencing dramatic growth."Lindsay Frucci, Founder


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MESSAGE FROM CHAIR BARRY J. LIPSON FOR OCTOBER 2008

SCORE ONE FOR SCORE!

Sometimes we forget we are not alone! SCORE is not just SCORE Pittsburgh or the SCORE Chapters we share Districtfunds with. SCORE is much more then that! The National SCORE Website lists over 130 SCORE Chapters who canwork together with each other to deliver an improved product to our clients.

Whether it be cross-fertilization and inspiration with "success stories;" sharing funding and advertising ideas as Akron

SCORE has done with us; referring clients to more logical and local counselors; or assisting each other in unexpectedmanners.

This was brought home as I was putting together my thoughts for this months column when I received an e-mail from "acounselor with Fairfield County SCORE in Norwalk, CT," who advised we "have a client who is dealing with acompany in the Pittsburgh area called Davison (www.davison.com). Davison helps new entrepreneurs get started, for afee. Have you or any Pittsburgh SCORE colleagues ever heard of, or better yet, had contact or info on Davison? If any ofyou have, we would appreciate learning of your experience."

A search of local records brought to light that in response to a 2006 complaint filed by an inventor against Davison withthe US Patent and Trademark Office, Mr. Davison, in part, responded: 'Our customer care program is a top priority forour clients and employees. Of course, Davison conducts its business affairs with standard precautionary procedures,record keeping, computer logs, written contracts, client questionnaires, complies to the state of Iowa's mandatory written

disclosure requirements and abides by the American Inventors Protection Act of 1999. If Mr. Robertson believes thatthere is some other aspect of his complaint that requires and additional response, we will be happy to hear from him.'However, in light of the injunctive relief obtained against Davison by the FTC, also in 2006, and the multi-milliondollars he is returning to inventors, I would be very leery about any of SCORE's clients getting involved with Davison orany of his companies (see: http://inventblog.com/2006/03/ftc_vs_davison_.html). Our clients need to be treated asindividuals and not as 'vanity publishers' (i.e., in a similar manner as vanity publishing houses do with authors who arewilling to pay to see themselves in print).

This, of course, is important information for us too in counseling our clients, and the breath of the problems can bediscerned from the misrepresentations the "inventor-assistance" company was enjoined from making, to wit,"Defendants are enjoined from making any misrepresentation that: (a) Defendants are selective in deciding to whomservices will be offered; (b) Defendants have a combined stake in the consumer's invention because they 'work for free'and/or receive significant income from royalties; (C) falsely states defendants' track record in terms of number ofconsumers contracted with number of consumersrealizing a net profit, ornumber ofarms-length licenses obtained; (d)Defendants invention-promotion services helped any specific invention ideas become successful products withoutdisclosing whether the. consumer realized a net profit; (e) Defendants have a vast network of corporations with whomthey have ongoing relationships and regularly negotiate successful licensing agreements;(d[sic]) Defendants inventionmarketing servicesare necessary for consumers to license their invention ideas; and (f)Defendants prepare objective andexpert analyses of the marketability or patentability of consumers invention ideas. FTC v. Davison Associates, Inc.,No. 97-1278 (WDPA, March 17, 2006).

COUNSELORS-IN-TRAINING (CIT) TRAINING PROGRAM

FOR NEW SCORE COUNSELORS - October, 2008

When a potential counselor candidate is identified either by contacting SCORE or recommendation, the information willbe forwarded to the Membership Chair.

The Membership Chair will interview the candidate by phone and upon determining that the person is a likely candidatewill arrange to have an application sent. The Membership Chair will arrange in-person interview with the Chapter Chair,Vice Chair or another member designated by the Chair. The interview will re-enforce the expectations of a PittsburghSCORE counselor as well as what the candidate feels she/he can contribute to the chapter. The completed application isto be brought to the interview. The successful candidate will be invited to attend a monthly chapter meeting and giventhe opportunity to introduce her/himself.

The completed application of the successful candidate will be sent to National by the Office Administrator. When theapplication is accepted by National, the Membership Chair will be advised, who will advise the candidate, that he/she is


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and the inner-city;

Provide additional financial support to local SCORE offices to fund outreach campaigns, add more workshops andhandle increasing expenses;

Expand chapter recruiting plans to add new volunteers who represent a diverse range of communities and professionalskills;

Use new technologies and the Internet to increase the efficiency and effectiveness of SCORE services.

If you can help influence Congress to assist SCORE in fulfilling these objectives, please follow through and let us knowwhat you are doing.

CHAPTER CALENDAR FOR JANUARY 2009

Small Business Basics Workshop

Jan. 24th, 2009, 8:30 a.m. till 12:30 p.m.

SCORE Pittsburgh and the Center for

Women's Entrepreneurship (CWE), Chatham

University, Programs for Start-up & EarlyStage Women Entrepreneurs,are partnering topresent the Small Business Basicsworkshop

to women interested in starting their ownbusiness or expanding their current business.Topics include: business planning, financing,marketing, legal issues and a personal story onbusiness challenges by a CWE FastTracgraduate. Small Business Basics is partiallyunderwritten by First Commonwealth Bank.[CWEFlyer]

MESSAGE FROM CHAIR BARRY J. LIPSON FOR JANUARY 2009

SO WHAT ISSCORE AND HOW IS IT RELATED TO THESBA, REALLY?

SCORE is the adopted child of, and a resource partner with the US Small Business Administration (SBA). SCORE

originally stood for Service Corps OfRetiredExecutive,but today SCORE is much more. It provides "Counselorsto America's Small Business," offering to small businesses and to those wishing to start small businesses, the freevoluntary services of working professionals and retired executives who donate their time and business expertise, tohelp them get it right.

AD 1953was a really big year! The Korean "Police Action" [a/k/a War] ended; Soviet Dictator Joseph Stalin died; andthe structure of DNA was published. But for us it was a really big year because of SCORE and the SBA, though itwould be over a decade before the adoption would come to pass. That was the year it all started for SCORE whenMaurice du Pont Lee of Wilmington, Delaware gathered a small group and formed a consulting and advisory servicefor small businesses, which during the following decade spread so that by 1963 there were more than 50 independentgroups across the country providing low-cost or no-cost business counseling.

That was also the year where two decades of governmental trial and error culminated on July 30, 1953, with Congresscreating the SBA, to "aid, counsel, assist and protect, insofar as is possible, the interests of small business concerns;" andto ensure small businesses a fair proportion of government contracts and sales of surplus property (Small BusinessAct of July 30, 1953).

The SBA predecessor agencies through which its philosophy and mission were shaped years earlier where formedlargely as a response to the pressures of the Great Depression and World War II. The Reconstruction FinanceCorporation, created by President Herbert Hoover in 1932 to alleviate the financial crisis of the Great Depression, wasSBAs grandparent. During World War II, to help small businesses participate in war production and give them morefinancial viability, Congress created the Smaller War Plants Corporation in 1942. The SWPC was dissolved after the


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war, and the RFC, and a newly formed Office of Small Business in the Department of Commerce assumed itsresponsibilities. At the advent of the Korean conflict, Congress created another wartime organization to handle smallbusiness concerns , this time called the Small Defense Plants Administration.

Then on October 5, 1964, SBA Administrator Eugene P. Foley officially launched SCORE as a national volunteergroup with 2,000 members, uniting these independent efforts into a national force. SCORE organized itself nationallyand in 1975 incorporated as a 501(c)(3) Nonprofit Organization. From 1964 to 1978 SCORE provided small businesscounseling service to 2 million Americans; served its 7.5 millionth client in 2006; and as of now the number is 7.8million. SCORE, through the SBA receives a small annual appropriation from the U.S. Congress for counseling small

businesses.

SCORE is dedicated to entrepreneur education and the formation, growth and success of small business nationwide.Today, with nearly 400 Chapters in locations throughout the United States and its territories, and nearly 11,000volunteers nationwide, SCORE volunteers donate well over a million hours annually, working with entrepreneursthrough every phase of their entrepreneurial venture, from generating and assessing ideas, and assisting with businessplans and raising capital; to making professional referrals and aiding in managing the operations and finances of growingventures. SCORE provides free counseling, professional referrals and low-cost workshops to aid in counteractingfailures through inexperience of small businesses, and to help the budding entrepreneur in getting it right the firsttime.

MESSAGE FROM CHAIR BARRY J. LIPSON FOR FEBRUARY 2009

SCORE Nationals Small Business Accelerator Program

On January 26, 2009 SCORE National launched a nation-wide Web and Media campaign to Accelerate the Success"of your clients and small business entrepreneurs generally. With the worst employment market in 45 years and smallbusinesses liquidating inventory, cutting costs and expecting both sales and profits to slide, SCORE is needed now morethan ever, National reminds you that your knowledge and experience can help save jobs and businesses. Refer clientsto www.score.org/acceleratefor details applicable to them.

SCORE National urges each of you to assist in this "Small Business Accelerator Program," by mobilizing ourselves totake action for the next three months to reach clients, and asks you to review program details at:www.volunteercenter.score.org/accelerate.html.

Basically, National would like to inspire you to Make a Difference by inviting your clients to resume and/or continuea mentoring dialogue with you.

Their plan is for you to contact your 20 best or most needy clients to schedule a follow-on session. Email your clientsfrom the last six months to let them know you can help. Reach out to your past clients to follow up on their progress,and reintroduce them to SCORE as a resource to help them build and maintain their small business.

To help you to do this, National has supplied the following slightly revised sample email for you to use:

Dear [Insert Client Name]:

I was happy to provide mentoring and advice for your business last year. Now, you can ask SCORE for advice in 2009!

Savvy entrepreneurs are making plans to make it through this year & focus on the future and success. SCORE is here foryour business with mentoring. Let's meet to discuss your questions about how to accelerate your success. SCORE

mentoring is free and confidential. To get started today, just reply to this message.

In the meantime, here are some SCORE resources for you:

SCORE National informational article: Are You Waiting for a Market Turnaround? Don't Act Now:http://www.score.org/internet_waiting_market_turnaround.html

SCORE Pittsburghs in-person reasonably priced monthly Small Business Orientation Workshops that are not requiredfor you to receive no cost SCORE counseling, but help accelerate the process of giving you the knowledge base youneed for operating your own small business: http://scorepittsburgh.org/workshop.html

Accelerate Your Success Toolkit: http://www.score.org/accelerate


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Monthly Features & Offers: http://www.score.org/ [insert month name without space]; and/or Online workshops:http://www.score.org/online_courses.html;

All the best,

[Insert Counselor Name]SCORE CounselorSCORE "Counselors to America's Small Business"www.score.org and [Insert chapter Web address]

MESSAGE FROM CHAIR BARRY J. LIPSON FOR MARCH 2009

SCORE OUTREACH

At our February 2009 Membership Meeting it became apparent that we needed to re-emphasis our marketingefforts under the umbrella of outreach, to convey the message to our constituents that SCORE is here toassist them with their small business aspirations through personal SCORE Counseling and the SCOREBusiness Basics Workshops; and to our potential members that they can channel their life business experiencesto assisting small businesses through becoming SCORE Counselors.

The discussion was initiated by new SCORE Counselor Bill Moffitt. An Outreach Committee, currentlyconsisting of William Moffitt, Ron Cox, Joyce Pearl, Sam Duerr, Dick Fitzgerald and Sunday Barbaro, and

reporting to Vice Chair Steve Cohen, was appointed.

Outreach is to a Non-Profit Organization, as Marketing is to a For-Profit Organization. For-Profits effortsrevolve around a product or strategies to increase market share, while Non-Profits are not focused on profitsor increasing market share, but on promoting their missions and goals.

Outreach is the effort by a Non-Profit to co-ordinate, communicate and connect its ideas or practices to theefforts of other organizations, groups, specific audiences or the general public Outreach strategies arelinked to the organization's mission, and define targets, goals, and milestones. Outreach often takes on aneducational component (i.e., the dissemination of ideas), but it is increasingly common for organizations toconceive of their outreach strategy as a two-way street in which outreach is framed as engagement rather thansolely dissemination or education (Wikipedia).

It is our intention and plan that the Outreach Committee evolves into the major promotional and marketingtool of SCORE, pro-actively merging the functions of the old Marketing Committee, Speakers Bureau, LibraryOutreach, Human Resources Departments Development, Public Relations, Media Coordination, etc, inpursuing our mission of making "the availability of our services more readily known" and attracting"additional qualified counselors," through Service, Social, Fraternal and Seniors Organizations, Libraries,Chambers of Commerce, Better Business Bureaus, Developmental and Governmental Agencies, HumanResources Departments, etc.

As a precursor, your Chair and Vice Chair have directed our efforts to the Better Business Bureau of WesternPennsylvania, Inc (BBB). We have just been advised that the upcoming March 2009 BBB Newsletterwilladvise its members that: Your BBB and SCORE have partnered to provide assistance to our Accredited

Businesses. SCORE is a resource partner with the U.S. Small Business Administration. They are dedicated toentrepreneurial education and the formation, growth and success of small businesses. Their public servicemission is to provide face-to-face and email business counseling to help small businesses evaluate plans,stabilize, grow, innovate and succeed.

Please co-operate with, assist and promote our Outreach efforts.

***[Scoring With SCORE!,Federally Speaking#54, can be found also at:

http://sites.google.com/site/federallyspeaking/Home]


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In the longer-run, our new OUTREACH COMMITTEE (which, as discussed last month, encompasses and goes waybeyond the old Marketing Committee), and the new SPONSORSHIP COMMITTEE, need to become fully operationaland functional, so we can attracted new Counselors with the needed SPECIALIZED EXPERTISE; let potential newClients, especially those being ECONOMICALLY DISPLACED, know that SCORE is here for them; and let theBUSINESS and PUBLIC SERVICE Communities know SCORE is, indeed and in fact, worthy of their financialassistance in aiding the Small Business Sector to prosper, and to help pull us out of our current economic woes.

For the long-run, in appointing Don Carpenter Nominating Chair, to encourage continuity and cooperation, I haveasked him to explore developing an officer line concept, where normally (but not inevitably) a member would beelected to the Office of Secretary, serve two years and advance to 2 nd Vice Chair (with specific supervisory

duties/areas), serve two years and advance to 1stVice Chair (with other specific supervisory duties/areas), serve twoyears and then advance to Chair, giving them all the opportunity to be trained and become proficient in each position.As Don has envisioned: The chair is [then] thoroughly familiar with all officer positions, their responsibilities and hasworked extensively with his/her fellow officers.

Yes, time certainly does fly hopefully into the brightening lights of still better days!

MESSAGE FROM CHAIR BARRY J. LIPSON FOR MAY 2009

A PureBred SCORE Success Story Is It Yours?Take a novel concept, a catchy theme, and tempting

products ideas. Add to this mix the PureBred yeast ofknowledgeable, creative and cooperative SCOREcounseling, and voila you have given rise to the verysuccessful PureBread Deli, Bakery & Caf chain.

PureBreads CEO had discovered SCORE several yearsearlier, when he and his brother, a local chef, had decidedto plan and open a more traditional restaurant. He realizedeven then that planning is the major factor in a businesssuccess, and was and is pleased to pieces (of dough) with

his decisions to seek the help of SCORE to fine-tune their business plans and provide input on whether therehas been enough leavening to give rise to a viable new business venture.

Their first step in this earlier venture was to venture into a SCORE workshop on Business Basics. During theseminar, a SCORE counselor explained the business planning process and the difficult questions thatentrepreneurs must ask themselves, and answer honestly. After that meeting and discussions with theirSCORE counselor, they realized that their business plan did not then forecast success, and decided to wait fortheir development of a more predictably fruitful approach.

When the PureBread concept blossomed in their minds, they again sought help from SCORE; first seekingadvice on securing a loan. Their SCORE Counselor recommended they explore the services of the SmallBusiness Administration, with whom SCORE works closely. But SCORE did much more!

He then counseled they also consult with a SCORE co-counselor who has had prior experience in restaurant

planning. Together they examined every detail of the proposed business. Today, now that PureBread is upand baking, SCORE acts as a sounding board for new decisions and offers practical business advice, helpingPureBread make decisions by playing devils advocate in questioning all the factors and acting as ouradrenaline - getting us to take action when we have made a case for change, but are hesitant to move ahead.

Furthermore, they were there to help send PureBread to the dogs, helping develop their productdifferentiation concept of combining canine monikers with gourmet sandwiches on fresh-baked breadresulting in PureBread, in an atmosphere of fun and relaxation reflected in the decor- black and whitephotos of dogs-all sizes, shapes, poses and breeds surround[ing] you as you enjoy a cup of coffee and a


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This is not to say trees are unimportant, they must betended to, maintained and their growth encouraged.But in seeing to it that these tasks are done, no matterhow unique individual trees may be, organizationalleadership must at all times be and remain broadlyfocused, sensitized and attuned to the forest and itscornucopia of opportunities.

Some examples of SCORE harvesting the forest over the past two years may help illustrate this point andhelp inspire and lubricate such future exercises of the imagination, which in my humble opinion are essentialfor SCOREto Score!!!

As long as I have been associated with SCORE our offices have been in the old Chamber of CommerceBuilding at the offices of the SBA, but no one would know it from the entrance way. We now have our nameattractively appearing on the glass of the SBAs front door so that those visiting the SBA know that we arealso there to serve them. (Please, someone, have the No Guns sign under it moved!)

Our incoming Chair of two years ago was(and is) active in the Senior Mens Clubof the Sewickley YMCA, with

approximately 300 members, of whichnearly a quarter to a third attend eachmeeting. This gave us the opportunity ofhaving the SCORE Pittsburgh installationof officers conducted at their meeting bythe SBARegional Director, who came toPittsburgh specifically for this purpose.Newspaper coverage was arranged and alarge picture of the SCORE and SBAofficials involved appeared in thePittsburgh Tribune-Review, a picture

being worth a 1000 words. To this daySCORE publicity is exhibited at eachMens Club meeting.

Then too, an entire issue of Federally Speaking (Number 54) wasdedicated and devoted to SCORE. This issue of Federally Speaking,which is an editorial column for ALL interested in the Federal Scene,was published under the headline Scoring With SCORE!on the websiteof the U.S. District Court for the Western District of Pennsylvania(http://www.pawd.uscourts.gov/Pages/federallyspeaking.htm), and variousexamples of entrepreneurs who Scored With SCORE, ideal success

stories that deal with start-up businesses and/or concern going businessconcerns, whose SCORE Counselors Scored For SCORE,are included.It also can be found using Google and other search engines.

Additionally, we entered into discussion with the Better Business Bureau to obtain publicity and help andrecruit their business members through their BBB Newsletter. Not only were we successful,but this has expanded into the BBB announcing in their Newsletter that: "Your BBB andSCORE have partnered to provide assistance to our Accredited Businesses. SCORE is aresource partner with the U.S. Small Business Administration. They are dedicated to


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entrepreneurial education and the formation, growth and success of small businesses. Their public servicemission is to provide face-to-face and email business counseling to help small businesses evaluate plans,stabilize, grow, innovate and succeed." And National SCORE's reaction? "Excellent work ... It would beinteresting to see if we could get other BBBs to do the same in other markets. Now, when we get BBBreferrals we must make sure they receive out best efforts and that their successes are carefully followed,recorded and reported.

Likewise, in pursuing educational information on the Greater Pittsburgh Arts CouncilsPro Bono Legal Counseling Program for limited income artists and art

organizations, I learned that they were instituting a similar Arts BusinessCounseling Program. I alerted them to the similar mission of SCORE and thepotential availability of SCORE Business Counseling, and they expressed theserious desire to also explore partnering with SCORE.

We have also forged links with the U.S. Congress. This yearon July 2, 2009 U.S. Representative Jason Altmire(Democrat) will speak with us on current business concerns.Congressman Altmire follows U.S. Representative TimothyMurphy(Republican), who spoke with us on November 29,2007 on similar matters. Might we speculate that U.S.

Senator Arlen Specter, long-time Republican turnedDemocrat, will also join us, perhaps before the Democraticprimary? [He didnt and he lost!]

Another useful vehicle for exploring the harvesting of forest opportunities has beenour Annual Meetings. Our last Annual Meeting was at the Pittsburgh GlassCenter, where after exploring the actual making of glass with the help of theancient elements of fire, water, air and earth/sand, we explored with theFriendship Development Association, the development of the Lawrenceville ArtsCorridor, the new opportunities there for small arts businesses and the dedicatedfunding available there for that purpose. This has led to our Unique FundingSources Workshop, which is now being actively planned. This years Annual

Meeting is still in the planning stage. One possible venue is the brand new AugustWilson Center for African American Culture, hopefully with similar results.

A special metal lapel pin/tie tack, stating I Scored for SCORE, hasbeen prepared and awarded to those dedicated SCORErs who performDesk Duty at HQ, which was a dying service at that time, but is nowquite healthy. We also awarded this pin to the late Don Carter of theSBA and to SBA PittsburghDistrict Director CarlKnoblock, on conditionthat they would wear them, which they both gladly agreed to do. Ipersonally wear this attractive pin whenever I can and it does getfavorable attention.

My personal congratulations to each of our newly elected officers who assume their new offices at ourAnnual Meeting, Stephen Cohen, Chair; Mike Mohajery, 1st. Vice Chair; Ron Cox, 2nd. Vice Chair; DaleMcCall, Treasury; and William Moffitt, Secretary. May each and everyone of you be inspired by Mr. I.Magination, and take your place on his inspirational train to ride through fruitful forests, rising above thepedantics of narrowly focusing on the "trees" and scrubs of everyday life, and discovering the fabulousopportunities awaiting you there.

Barry J. LipsonChair


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MESSAGE FROM CHAIR BARRY J. LIPSON FOR JULY 2009

Altmire, Jopp and the Job To Be Done!

As many of you know, U.S. Representative Jason Altmire (D-PA), Chairman of the House Small BusinessSubcommittee on Investigations and Oversight, which has oversight responsibilities over the Small BusinessAdministration (SBA), spoke at our July 2, 2009 Membership Meeting (thanks to Tom Hayden and SteveCohen for making the arrangements). Congressman Altmire followed U.S. Representative Timothy Murphy(R-PA), who had shared his views with us on November 29, 2007.

At this July 2009 meeting, Congressman Altmire stressed that the reason SCORE is so "de minimisly"funded is because it is viewed as "a volunteer organization, not a Federal program." What was mostdisturbing was that the Congressman not only gave us this "explanation," but it seemed clear that he boughtinto it himself!

However, the truth is that SCORE is, indeed, a federal program! "On October 5, 1964, SBA AdministratorEugene P. Foley officially launched SCORE as a national volunteer group with 2,000 members, uniting independent efforts into a national force to, on a national basis, provide small businesses, and thoseconsidering entering small business, with unique entre to experienced business practitioners (see FederallySpeaking No.54,http://www.pawd.uscourts.gov/Documents/Misc/fsp54.pdf).

Accordingly, we stressed to the Congressman that while we SCORE Counselors are volunteers, receiving nopersonal compensation, to do our job properly we needed proper administrative, clerical and technologicalsupport, which cost money, and that not to have to charge for workshops would be most helpful.

While, he seemed to recognize that SCORE brought something special to the table, to wit "battlefieldexperience" (our words) by experienced unpaid business professionals, and not just primarily academicknowledge by paid academicians, as the more adequately "funded" programs did (to wit, the Small BusinessDevelopment Centers or SBDCs), this did not seem to overcome SCORE being "a volunteer organization,not a Federal program." He did not even seem to be open to economic recovery funds being directed toSCORE to assist the newly unemployed to start small businesses, and existing small businesses to survive.

Though not mentioned at this meeting, it seems strange to be taking such positions on the same day that themedia started reporting that a relatively very high percentage of baby boomers are seeking to start smallbusinesses as an alternative to forced retirement on depleted retirement funds (and as their personal"economic recovery" program).

With regard to our reporting of this to National SCORE, Dr. Devin Jopp, Chief Operating Officer of NationalSCORE, thanked SCOREPittsburgh "for all of your efforts on Congressman Altmire. I don't buy hisargument at all about why SBDC is funded and SCORE is not. That makes no sense. When you look at thenumbers in terms of efficacy -- that tells the story. Dollars are not being appropriated based on efficacy in mymind. That's the issue. If we're serious about job and biz creation, congress has a real opportunity to investin a program that no other can deliver - bang for buck."

Devin further advised "that we have, for the first time, retained government affairs counsel that is working forus up on the hill and have a group involved in working with specific members of the small businesscommittees and approps committees in the house and senate. The call to action, that I have mentioned on ourchapter chair calls and DD calls, is to get our reps to write a dear colleague letter that supports SCORE at a10m level. They address those letters to the chair of the approps committee. Letters are good, but honestly,we probably need face-to-face pushes with key staffers...."

I shared with Devin Jopp that "I like the energy I am seeing in SCOREPittsburgh on this and other matters;"and summed up the job as I see it: "We support your current effort for a slightly larger piece of the pie, but

we are looking forward towards SCORE obtaining enough slices to 'score' for SCORE's Chapters true

financial needs and, most importantly, for small business in general.


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ADDENDASample Form Documents Developed During 2007-2009

a) Business Plan Request

Subject: Your Request to SCORE - Help With a Business Plan

My name is ________________. I am a SCORE counselor and have been asked to respond to your request.

SCORE's mission is to counsel you on your potentially exciting new venture, help you avoid pitfalls andstrive towards your success as you proceed. To aid in your orientation SCORE provides reasonably pricedmonthly Small Business Orientation Workshops that are not required for you to receive no cost SCOREcounseling, but help accelerate the process of giving you the knowledge base you need for operating yourown small business.

You can learn more about these Workshopsat: http://scorepittsburgh.org/workshop.html .

SCORE does not write your Business Plan for you, that would deprive you of the most important learningexperience of doing this yourself, for the most important role of a Business Plan is to help you understandand plan for your business, and to provide you with benchmarks against which you can evaluate yourprogress and success. For these reasons alone it is worthwhile for you to prepare a realistic Business Plan foryourself and your new enterprise.

SCORE does review and make suggestions to Business Plan written by you. You can find excellentinformation on business plans at our website www.scorepittsburgh.com Click Business Resources thenWriting a Business Plan. You will find a tutorial on writing a plan under Develop a Business Plan. You canalso link to sample Business Plans and websites enabling you to do market research (the marketing part of the

business plan is particularly important).

If you are planning to use a Business Plan to help obtain financing for a start-up business, you should beaware that commercial lenders make their decision on whether to provide a loan primarily on the borrower'spersonal credit history, and that the Business Plan plays only a minor role. These lenders also require aborrower to provide approximately 20% to 30% of the total funds needed from their own funds - the lenderwill virtually never finance 100% of the funds needed. They also generally require collateral for the loan andyour personal guarantee.

The SBA (Small Business Administration) is a loan guarantee agency of the Federal Government. They donot make loans but rather guarantee loans made by commercial lenders and such loans have similarrequirements.

If you would like to discuss this further please either call or email me. A meeting can also be arranged. I cangenerally be reached during the hours of ___________________on ___________________.

[Name:} ____________________[Telephone:] ________________[e-mail:] ____________________


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b) Legal Counseling Request

Subject: Your Request to SCORE Legal Advise


SCORE's mission is to counsel you on your potentially exciting new venture, help you avoid pitfalls andstrive towards your success as you proceed. To aid in your orientation SCORE provides reasonably pricedmonthly Small Business Orientation Workshops that are not required for you to receive no cost SCOREcounseling, but help accelerate the process of giving you the knowledge base you need for operating yourown small business.

You can learn more about these Workshopsat: http://scorepittsburgh.org/workshop.html .

A SCORE Counselor, whether by profession an attorney or not, may discuss matters with you generally, butmay not practice law or give you legal advice, and must refer you to legal counsel of your choice onlegal matters. No one attorney is knowledgeable in all areas of the law, so you must be careful to select alawyer or lawyers knowledgeable in your particular area(s) of concern.

If you can not locate an attorney by other means,, through the Allegheny County Bar Association (ACBA)Lawyer Referral Service, you can be referred to an attorney or attorneys practicing in the field(s) you desirecounseling.

There is a Referral Service fee that has been $25.00 (which is not a fee to the attorney), which entitles yourto up to 30 minutes of consultation with that attorney. Anything above and beyond this is then between youand the attorney, and at the attorney's normal rate or a rate you negotiate. You are under no obligation tohire/retain this attorney, nor the attorney to take the matter/case.

If you are interested in obtaining such legal referral you may call theACBA Lawyer Referral Service officeMonday through Friday from 9 am to 4 pm at (412) 261-5555, and speak with the Referral Service operator.

Please feel free to contact me if you desire to discuss matters generally, by either calling or emailing me. Ameeting can also be arranged. I can generally be reached during the hours of ___________________on___________________.



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c) Introductory Letter

Subject: Your Request to SCORE for Counseling


SCORE's mission is to counsel you on your potentially exciting new venture, help you avoid pitfalls and

strive towards your success as you proceed. To better serve you, before we discuss your business venture, itwould be best if we had the information requested in the attached SCORE Background InformationQuestionnaire.Please e-mail your responses to the attached Questionnaire to my attention at your earliestconvenience.

Also, are you aware of SCORE's monthly reasonably priced Small Business Orientation Workshops that arenot required for SCORE counseling, but aid in your orientation and help accelerate the process of giving youthe knowledge base you need for operating your own small business? You may want to attend one before wemeet.

Visit http://scorepittsburgh.org/workshop.html to learn more about these Workshops.

If you would like to discuss this further please either call or email me. A meeting can also be arranged. I cangenerally be reached during the hours of ___________________on ___________________.


d) SCORE Background Information Questionnaire

SCORE Background Information

Name _________________________________________________ Date ____________

Address ________________________________________________________________

Home Phone ______________ Cell Phone ____________ Work Phone _____________

Email __________________________________________________________________

In order to best support you and to facilitate our first meeting, we need more informationabout you and your business ideas. Please answer, to the best of your ability and to theextent pertinent to your business, as many of the following questions as you can.

This is not a quiz; it is to help us help you!

1. Have you already started this business? ______ Yes; ______ No.


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And there are kind words:

National SCORE Chief Operating Officer:

From: Dr. Devin Jopp To: bjlipson Date: Wed, Sep 9, 2009 at 9:05 PMSubject: SCOREPittsburgh Chair's Final Column

Well put Barry very well put!

Thank you for all of your leadership and dedication Barry.

SCORE is built on leaders like you.

Best Regards,

Devin

Dr. Devin Jopp, [email protected]

Chief Operating Officer

SCORE "Counselors to America's Small Business"

Phone: 1-800/634-0245; Fax: 703/487-3066www.score.org and www.score.org/womenhttp://askanexpert.score.org and http://womensblog.score.orghttp://twitter.com/scorementors

SCORE District Director:

From: Dave Seyboldt To: bjlipson ,

"W. Kenneth Yancey, Jr." ,"Dr. Devin Jopp"

Date: Wed, Sep 9, 2009 at 1:28 PM

Subject: SCOREPittsburgh Chair's Final Column

Barry

Nice job with the column.

I have always looked forward to reading your material; never quite

sure what will be found.

Thanks for all of your good work. I believe that you have done a very

good job, and moved ahead to address the issues, most of which you

mention.

I personally appreciate your contributions and your dedication.

I also know that Steve will continue to need assistance as he takes over

from you. -- Thanks again.

Dave Seyboldt