Soto Law Group - August 2020

Soto Law Group - August 2020

Soto’s Chronicles

August 2020

DeDe Soto

Protecting your most valuable asset — your family

FROM THE DESK OF DeDe Soto

YOUR “BLENDED” FAMILY IS LIKELY HEADED TO COURT UNLESS YOU DO THIS If you have a blended family and do not plan for what happens to your assets in the event of your incapacity or eventual death, you are almost certainly guaranteeing hurt feelings, conflict, and maybe even a long, drawn out court battle. So let’s start with clarity around what a blended family is and whether you have one. If you have stepchildren, or children from a prior marriage, or other people you consider “kin”who are not considered legal relatives in the eyes of the law, you’ve got a blended family. Bottom line: if you have a blended family, you need an estate plan, and not just a will you created for yourself online, or a trust that isn’t very intentionally designed to keep your family out of court and out of conflict. Period. End of story. Unless you are okay with setting your loved ones up for unnecessary heartache, confusion, and pain when something happens to you. Even within “traditional” families, aka married parents with families, I want to emphasize that having a full plan is the best way to provide for your loved ones. However, with “blended” families, carefully considered estate plans are, as you can see, even more vital to avoid massive misunderstanding and conflict, and having your assets tied up in court instead of going to the people you want to receive them. One of the most common problems that arises in a blended family is that the deceased’s children from a prior marriage and the surviving spouse end up in conflict. This one is sadly common. Unless a comprehensive plan has been created, it could be very easy for your surviving spouse to cut your kids out completely, if you are the first to pass, and you do not protect against this. This has nothing to do with trust or love, just pure planning.

Company Culture Is Being Reshaped LEADERSHIP FOR POSITIVE CHANGE Every day, it becomes more obvious that the COVID-19 pandemic has radically changed how many businesses operate. Public safety measures made working from home the norm for several months, but even for those businesses whose workers are still trickling back into their communal office spaces, the lessons from working remotely are proving to have long-term effects, the most prevalent of which is to company culture. The ways work and personal life intermingled has brought new priorities and necessities to light, leading to more empathetic practices. Employee concerns were global concerns, which provided the opportunity to foster understanding and build great relationships. Healthy company culture has been, and is still being, reshaped. Leaders can embrace and influence the positive changes that have emerged by doing the following: Provide Support Technological support may be the key to keeping a remote workforce functioning at a high level, but it became clear that emotional support is the key to keeping that workforce happy and efficient. If leaders create a culture of mutual support, then they’ll cultivate employee happiness, which leads to a higher quality of work from each person. Not every single chat or email needs to relate to business, and encouraging employees to look out for each other by checking in on each other’s mental well-being can provide the necessary emotional reprieve to push forward with work. Communicate Freely Team leads and employees working from dozens of different locations have already led to a stronger emphasis on better and more consistent communication. In some instances, over-communication is becoming necessary in order to keep operations afloat, but it has

Until next time, Many Blessings,

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now created cultures open to videoconferencing, extra telephone calls, and better ways to stay in constant touch via chat or messaging apps. Communication keeps everyone connected, which increases responsiveness, attention spans, and collaboration. Embrace the Personal Working from home personalizes the workplace and there’s simply no way around that, so find ways to embrace it. With the imaginary line between work and family essentially dissolved, team members are coming out of their shells and becoming more relatable. Colleagues are sharing family moments on video calls — whether accidental or not — and instead of causing disruption, those moments can build team bonds that are stronger than ever before. A glimpse behind the curtain that reminds team members that the people they work with are more than cogs in a business machine leads to increased empathy. The blending of personal and professional can be liberating, not hindering. Encourage Collaboration Fighting a common enemy — COVID-19 in this case — created a new type of bond within a team. When people work together in the face of the same challenge, they bring a new level of connection to both colleagues and customers. Studies have also shown that during isolation, collaborating via videoconference can actually improve workers’ moods and work ethics. Enthusiasm for teamwork

increases when teams have to take extra steps to work together, solve problems, and be proactive during difficult times.

These fundamentals have always been in place, but working remotely proved just how effective and positive they are. The pandemic has provided a pivot point for company culture, whether you and your employees are still at home or are back in the office. The shift has been sudden but profound, and businesses are still making major changes that are leading them to see their work environment differently.

BATTLING MENTAL HURDLES

3 Habits Entrepreneurs Use to Excel During COVID-19

Why did some companies thrive during the COVID-19 pandemic while others had to shut their doors forever? The answer is simple: Successful companies embraced creative solutions to overcome the obstacles of the shelter-in-place orders. Creativity is key to a profitable business. Innovative problem- solving is how business leaders come up with new ideas, address unexpected issues, and inspire their teams during difficult times. Here are a few habits that resourceful entrepreneurs share. They make a schedule. Though it may sound counterintuitive, structuring your day actually improves your ability to be creative. Establishing a schedule in advance allows you to avoid having to make small, inconsequential decisions. You won’t be distracted by wondering when you’ll get lunch or if you’re missing a big meeting. It’s all already on the calendar. Reducing daily decisions gives you more time to think about

what matters and helps you dedicate more of your mental energy to solving problems. They take time to recharge. This doesn’t mean spending all day watching Netflix. Recharging your imagination is an active process. If you’re feeling creatively drained, go to a place that inspires you. This could mean taking a walk around a park, going on a hike in the woods, or visiting your local library. Immersing yourself in others’ ideas can also help recharge your creative batteries. Swing by an art museum, pick up

a new book, or treat yourself to a solo movie date. Ask yourself why a particular piece of art inspires you, what makes it worthwhile, and if you would have done anything differently. They practice creating. You don’t have to wait for inspiration to strike. Cultivate creativity by making something every day, even if it has nothing to do with your projects at work. Doodle during lunch, sing along to the radio during your drive home, or write a few sentences of a short story each night. Don’t worry about whether these personal projects are “good,” just focus on bringing them into the world. Practice makes perfect. If you believe that creativity is something that only a select few are born with, then you might find yourself struggling to be imaginative during difficult times. However, when you view it as a skill that can be strengthened, you’ll develop habits to see you through what might otherwise be a creative drought.

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DID JELLY BELLYMISREPRESENT ITS PRODUCT? One Sweet Lawsuit

Most of us consider it common knowledge that Jelly Belly’s popular jelly beans, and any other candy, contain sugar. The candy, made by Jelly Belly Candy Company, has been in production for decades, and many consider it an American confectionary staple. But when the company began offering its famous jelly beans in a new sport-enhancing product line, it left at least one consumer confused. In 2017, Jessica Gomez filed a class-action lawsuit with the Superior Court of California against the Jelly Belly Candy Company. Gomez alleged fraud, negligent representation, and product liability. The suit also alleged that the product violated California’s Consumer Legal Remedies Act, False Advertising law, and Unfair Business Practices law. What was the alleged fraud and negligent representation? The suit claimed Jelly Belly purposely excluded the word “sugar” from their Sport Beans products, which are marketed

as enhancing athletic performance. Instead, the ingredient was listed as “evaporated cane juice.”

This, the plaintiff’s lawyers explained,

misled consumers into believing the product did not contain sugar. In the complaint, the plaintiff stated, “In order to make the product appear even more appropriate for athletes and less like a candy, the defendant lists ‘evaporated cane juice’ as an ingredient in its product.” However, the product’s Nutrition Facts label states that one serving of Sport Beans contains 19 grams of sugar. In a motion to dismiss, the Jelly Belly company called the claims “nonsense” and said that “no reasonable consumer could have been deceived by Sport Beans’ labeling.”

Such clever labeling is common enough that the Food and Drug Administration (FDA) has addressed it. The FDA makes clear that evaporated cane juice is, in fact, sugar. Its guidelines to food manufacturers state that “sweeteners derived from sugar cane should not be declared on food labels as evaporated cane juice,” though this is merely a suggestion and not a legal requirement.

A Sacramento judge threw out the lawsuit saying it “did not pass legal muster.”

Take a Break!

Protein-Packed Breakfast Burritos

Ingredients

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2 tbsp olive oil, divided 1 medium onion, diced 1 bell pepper, diced 16 oz ground chicken

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1/2 tsp pepper 1/2 tsp paprika

1/2 tsp garlic powder

6 eggs

16 oz sausage

12 8-inch tortillas

1/2 tsp salt

12 slices cheddar cheese

Directions 1.

In a skillet, heat 1 tbsp olive oil over medium heat. Add onion and bell pepper and sauté. Remove from pan and set aside. In the same pan over medium heat, add chicken, sausage, salt, pepper, paprika, and garlic powder. Cook for 3–4 minutes before stirring to get a brown crust on the bottom. Then, stir and continue cooking until meat is cooked through. In a medium bowl, whisk the eggs together.

4.

In another skillet over medium heat, add 1 tbsp olive oil. Pour in eggs and scramble them, cooking until no liquid remains. Set aside. Lay out the tortillas with one slice of cheddar cheese on each. Place an even amount of vegetables, meat, and eggs on every tortilla. Wrap each burrito and enjoy immediately or wrap in foil and freeze for another morning!

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CAMPING FAIR FIREPIT FRIENDSHIP

PERIDOT POPPY RAFTING SCHOOL

SUNDAE THUNDERSTORM VIRGO WATERMELON

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Inspired by TheToastyKitchen.com

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INSIDE THIS ISSUE From the Desk of DeDe PAGE 1 How COVID-19 Is Reshaping Company Culture for the Better PAGE 1 Cultivating Creativity to Optimize Efficiency in 3 Steps PAGE 2 Why Jelly Belly Was Sued for Misrepresentation PAGE 3 Take a Break PAGE 3 Protein-Packed Breakfast Burritos PAGE 3 How to Pay for College Without Loans PAGE 4

Skip the Student Debt 3WAYS TO PAY FOR COLLEGE THAT AREN’T LOANS

We all know how expensive college can be. The bills can pile up fast, and in many cases, paying that debt off can take years, if not decades, especially if private loans are involved. That said, if you have kids who are getting ready to graduate high school, then don’t let the cost of higher education scare you away. If you can’t pay out of pocket, you can help your child apply for loans, but if you’re looking to mitigate debt, or eliminate it entirely, here are some other popular options. Grants Grants are similar to scholarships in that they don’t need to be repaid. Many colleges, states, and other organizations award grants based on a number of factors, like academic standing and the income of one or both parents as reported on the Free Application for Federal Student Aid, better known as FAFSA. A great starting point for parents who are helping their kids look for grants is the

Federal Student Aid website: StudentAid.gov/ understand-aid/types/grants. Work-Study Depending on your child’s financial need, their college or university may be able to set them up with a part-time position with an hourly rate on campus. Work-study positions are often community-service oriented and/or matched with the student’s field of study, and the jobs in these programs may be on or off campus. Alternatively, students can also look for other on-campus jobs that aren’t part of a work-study program. Before the school year starts, many schools post job openings for positions like computer lab assistants or event caterers. Private Scholarships There is no shortage of private scholarships. The challenge is finding and applying for them. This can take time, but it’s often worth

the effort. If you can’t find any scholarships your child is eligible for online, then try using an app like Scholly. It’s designed to help students and parents find and apply for scholarships without having to search all over the internet. Another great resource is your student’s high school guidance counselor. They often have resources about local and regional scholarships that may be worth looking into.

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