Cleveland Public Relations

When selling your home, it is common to use an agent to list, promote and show the property. In exchange, you pay a portion of the sales price as a commission to the agent. The benefits of using an agent include: 1) the listing of your home in a database so that homebuyers can access information about it; 2) the agent acting as your middleman during the negotiation process; and 3) the incentive it gives the agent to sell your home quickly (so that her or she can earn their commission). 

Some people choose to sell their home by owner and forego using an agent. These are typically the homes that have “For Sale” signs in their yards for many months, sometimes even years (you know the ones), before they are actually sold. These people often believe that the benefit of not having to pay an agent commission on the sale of their home is worth the prolonged period it will likely take to sell the property. 

What does the choice of hiring a real estate agent or selling your home by owner have in common with private companies issuing stock options? The strange answer is: Much more than many of us realize. 

The Stock Option Landscape

More and more private companies are issuing stock options as part of their key employees’ compensation plans. This may be driven by the ideas that: 1) stock options don’t “cost” anything to the company; 2) stock options will positively influence employees’ performance; or 3) since public companies issue stock options, it must be a good idea and private companies should follow suit. Regardless of the motivation, what most private company owners and executives do not realize is that accounting for stock options, for both tax and financial reporting purposes, may actually have an out-of pocket cost that is greater than the value of the options themselves.

In order to value stock options issued by private companies, there are two major steps that must be undertaken:

1. Determining the value of the company’s equity (which is a key input to valuing a stock option)

2. Determining the value of the stock option

There are not many privately-held companies with the in-house resources or expertise necessary to perform either of the requirements above, both of which are essential in accounting for the issuance of stock options. This often puts accountants in the awkward position of trying to explain to business owners the “unseen” costs and accounting ramifications associated with issuing stock options.

Back to our analogy, hiring a valuation expert to determine the value of stock options is much like hiring a real estate agent to sell your home. A valuation expert is able to perform both of the tasks identified above that are necessary to value the stock options issued by a private company, much like a real estate agent takes care of the necessary steps to sell your home. This work is not free, however, and depending on the complexity of the company and the options issued, the cost to value a private company’s stock options can range in cost from thousands to tens of thousands of dollars. When private companies issue stock options, they often do not consider the “commission” that they will have to pay to a valuation expert to ensure that the options are properly valued. Unlike real estate agent commissions, however, which are based on the sale price of the home, valuation fees are relatively fixed. 

Just like selling a home “by owner,” some companies will issue stock options and try to determine the value themselves (or even worse, not value them at all). By not using a real estate agent, homeowners often find themselves making no headway in the sale of their home. Similarly, by not hiring a valuation expert to value the stock options that they have issued, private companies create the risk that their auditors will not sign off on their financial statements. Maybe even more importantly for business owners and employees, unsubstantiated option values leave both companies and their employees in danger of stiff tax consequences.

The information in this article is not meant to represent legal or tax advice. Please consult with a Skoda Minotti business valuation professional or your tax/legal advisor regarding the applicability of these issues to your particular situation.

Visit us tomorrow for Part 2: The Accounting and Tax Ramification of Issuing Stock Options

In the meantime, visit our web site for more information on our business valuation services. Skoda Minotti is a CPA, business and financial advisory firm with offices in Cleveland and Akron.

2010 Real Estate and Construction Survey

Skoda Minotti is conducting our 3rd annual survey of the Northeast Ohio real estate and construction industries. Every participant who completes the questionnaire will receive a free copy of the survey results and analysis and have a chance to win a $50 gift card to Dick's Sporting Goods.

The goal of the survey is to provide professionals in the real estate and construction industries in Northeast Ohio with the invaluable insight into their industries.

As an added bonus, one out of every 20 survey participants will be randomly selected to receive a $50 gift card to Dick's Sporting Goods. Note that only the first 100 survey participants will be eligible for the gift cards, so act quickly.

Click here to complete the real estate or the construction survey.

Please feel free to contact Bob Goricki at bgoricki@skodaminotti.com or 440-449-6800 with any questions related to the survey.

Green Building & Green Leasing: What is it, and why should I care?

By Peter D. Brosse, Esq., Meyers, Roman, Friedberg & Lewis

Since the establishment of Earth Day, the creation of the Environmental Protection Agency (EPA), and issues brought to public light by the Oil Embargo in the early 1970's, Americans have become more sensitive to the environment and use of resources, including petroleum. However, we still continue to use many of the same chemicals, gasoline and other resources as we did before, subject, however, to regulation.  Recently, a revolution has begun with new attention to conserving energy and resources. This new "green revolution" is evident with the use of a new vernacular that has entered into our common language. Only a few years ago, such words as "green","sustainable," "renewable energy," "greenwashing," "LEED" and "Energy Star" were rarely, if ever, used.  Today, these are part of everyday speech. Nowhere has this "green revolution" been more evident than in the real estate industry.  Such words as "building green" and "green leasing" are commonly heard and many articles are written about the subject. When discussing green building and green leasing, the question that owners, developers and tenants typically ask is "What is it, and why should I care?"

Is there a difference between "green" and "sustainable?"

Yes, there is a significant difference.  When one considers green building or green leasing, it is really sustainability and not "green" that is the focus. "Green" generally means to be environmentally friendly. To be "sustainable" means more. When one refers to sustainability, it takes into consideration the life cycle of a product or a building. To say a product is sustainable, one needs to look at processes, procedures, materials, how the product is manufactured, and whether the product can be reused or ultimately finds its way to the landfill.

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Residential Real Estate: Making Modifications Work
By Brian Bader

Lew Ranieri, often credited with creating the mortgage-backed securities industry when he was at Salomon Brothers in the early 1980s, has returned to try to save America from the worst effects of that accomplishment. In 2008, Ranieri established the Selene Residential Mortgage Opportunity Fund, raising money primarily from foundations and pension funds, to buy and restructure failed mortgages created to feed the securitization process. In doing so, he is showing how mortgage modifications can work - and why the federal home-owners modification program (HAMP) has done so poorly by comparison.

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CMBS: Special Servicers
By John Tax

Special servicers are the firms trying to correct mortgage loans in the later stages of delinquency or in actual default. Their role has become increasingly important as a result of the tremendous number of troubled loans According to a report by Standard & Poor's (S&P), servicers have been training their staffs to address the unique aspects of these loans, packaged as commercial mortgage-backed securities (CMBS). Almost 50 percent of these unresolved assets are loans originated in 2006 and 2007. Many of the loans are more complex than older ones, which mean it takes longer to resolve them, either by a full workout, a discounted payoff or foreclosure sale. Because of the time period in which they originated, many of the newer loans lack some of the safeguards present in the commercial loans originated before 2004.

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Securitization: Covered Bonds
By Anthony La Malfa

The use of covered bonds as a source of home-mortgage funds is being encouraged by the U.S. Treasury Department and the Federal Deposit Insurance Corporation (FDIC) because they offer much greater certainty for the bondholders with respect to damages and rights.

Covered bonds contain a key element that is missing in many commercial mortgage backed securities (CMBS), i.e., a double layer of protection for investors, with the asset being backstopped by the issuer of the securities. The key difference between CMBS and covered bonds is that the latter requires lenders to retain the default risk. On the other hand, covered bonds fail to provide a good option for private labels because they require a capital base to retain loans on balance sheets and do not provide the higher level of leverage that was available with CMBS.

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Leases: Subordination Clause Could Harm Tenants
By David Tevlin

Commercial lease agreements often are long and complex, with clauses neither party may expect will ever be triggered by events. But sometimes they are. One such is the lease subordination clause, by which the tenant agrees the lease is subordinate to any present or future mortgage that the landlord may put on the property. Accordingly, foreclosure of a mortgage (depending on the law of the state involved) either will automatically terminate the lease or entitle the lender, at its option, to terminate the lease.

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Legal View: Second Circuit Rejects Champerty Defense
By Alvin Arnold

Champerty is not a word often heard these days, even though it is a living doctrine in modern law and on occasion has real bite. In a recent case, the Second Circuit Court of Appeals reversed a trial court ruling that had dismissed a mortgage trust's suit for indemnification for loan losses from the originator. Trust for Certificate Holders of Merrill Lynch Mortgage Investors v. Love Funding Corp., 391 F.3d 116 (C.A.2, N.Y.). However, the reasoning of the decision leaves some room for the distressed debt markets to be concerned.

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Migration: Major Shifts
By Andrew Dalecki

Every type of real estate - housing, business, retail, and office - is impacted by population movements across the U.S. and across its borders. In its most recent report, based on new Census numbers, the Brookings Institution says the past ten years saw the greatest migration slowdown since the end of World War II. Significant events were the housing bubble and the worst recession in more than half a century, as well as major storms and terrorist attacks.

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Cleveland Market Overview

Signs are pointed towards recovery for commercial real estate in Cleveland.  The vacancy rate was down over the previous quarter, with net absorption totaling positive 293,238 square feet in the first quarter.  In fact, with the exception of the Southwest and Downtown's Financial and Warehouse submarkets; all markets posted a positive overall net absorption for the first quarter of 2010.  The Cleveland office market ended 1st Quarter with a slight decrease in the overall vacancy rate, 21.8%, as sublease space outperformed direct deals.  Another good sign; rental rates are stabilizing, ending the first quarter at $17.90 per square foot. 

Nationally, as job losses abate and turn into employment gains across various industries and geographies, more markets are moving towards recovery.  This includes Cleveland because we lacked the high stock of inventory that plagued more developed markets (Las Vegas, Phoenix, Florida).  Cleveland should be in a good position to rebound quicker than other markets and continue to see an increase in activity and deal flow.

More information on the real estate markets in North America is available courtesy of Jones Lang LaSalle .  For questions on this information, please contact Andrew Coleman or J.R. Fairman at (216) 861-7171.

Looking for a Cleveland public relations consultant? Contact Skoda Minotti Marketing Services at 440-449-6800.

Sometimes we need a reminder to do our homework – especially when launching a national rebranding campaign of a popular product. Tropicana recently provided us with a text-book case study of why it pays to know your audience before you go to market.

Only months after introducing a new look for its Tropicana Pure Premium Orange Juice, the company is scrapping the new packaging to return to its classic look. The change came after Tropicana was flooded with letters, emails and blog postings complaining that the redesign was “ugly” and resembled a “generic bargain brand.”

Total cost of this branding debacle: $35 million. Not to mention, alienated customers across the country who were upset with the packaging change.

Tropicana eventually did the right thing (and avoided a complete public relations disaster) by listening to its audience and making the change back to the old packaging. Unfortunately for Tropicana, this situation was avoidable.

The lesson here is not to take your customers for granted. This entire problem could have been avoided if Tropicana had done a little more market research into its own customers. Had they done so, they would have most likely come to same conclusion that cost them millions of dollars: “If it ain’t broke, don’t fix it.”

This case study underlines why a branding campaign cannot be conducted in a vacuum.  Market research, testing and knowing your audience, both internal and external, are critical components of any rebranding process. Not taking these elements into account can quickly result in disaster.

Have you ever finished reading a new product press re but by the end of the article still had no idea what the item did or why it was important? The most likely culprit? Jargon. We become so familiar with our jargon at work that, often times, we forget that not everyone uses TPS reports.

Dropping jargon into casual conversation with those outside your company might not cause too many problems, but jargon can be dangerous to a public relations campaign. A recently released survey of 1,214 American homeowners and investors suggested that 84 percent of consumers are more likely to trust a company that communicates in language that isn’t laced with jargon. 

What does this mean when you are marketing your business? It means that for next public relations campaign announcing your latest gadget, you should probably cut back on the technical details about the flux capacitor and give people a clearer idea of the benefits of the product. Especially if it’s capable of time travel.

Looking for a Cleveland Public Relations consultant? Contact Skoda Minotti Marketing Services at 440-449-6800.

Before I get to our first marketing blog entry, I wanted to take a moment to introduce myself. I’m Jonathan Ebenstein and I’ll be your author for the next ten or so paragraphs. I invite you to sit back, relax and open your mind.

If you’ve sifted at all through our Firm’s web site, you’d know that we are a CPA, Business and Financial Advisory firm.  We help our clients, mostly companies, grow their business through a myriad of professional services (i.e., Tax, Accounting & Auditing, IT, Financial Services, Litigation Advisory Services, Financial Staffing, etc.) Notice how well we just seamlessly cross sold our services.  Good stuff.  Keep reading.

What do I do?  Well up until January 31, 2009, I was in charge of the marketing department here at Skoda Minotti.  I’m the guy who with the help of my staff, re-branded the firm, wrote the marketing plan, handled all the public relations, negotiated, purchased and coordinated all the media, designed and wrote all the copy for our sales materials, website, advertising, blogs, e-newsletters, e-blasts and handled all the firm’s internal communications efforts. 

When we were done, as if you can ever be done marketing…BTW you can’t.  We looked around and thought, “Not too shabby. I bet we can help other companies do the same thing.”  And you know what? We can.  And we are going to.

On Feb 1, 2009 Skoda Minotti Marketing Services was launched (cue Chariots of Fire sound track).Wait a minute.  Hold on.  You’re going to launch a marketing service group during this economy?Yep.  And here’s why.

Down economies are actually the best time to ramp up your marketing efforts. It’s true. Recessions actually create unique marketing opportunities for companies that, if leveraged properly, can render your marketing efforts even more successful. Here’s why:

·          Since most people slash their budgets and pull back their marketing efforts during an economic slow down, there’s less “clutter” to compete against.

·          With less marketing messages for your target audience to sift through, the easier it is for them to see your message… and only your message.

·          Supply and demand.  With less demand for space and air time, media outlets will be more willing to make deals, such as decreased rates, increased placements, better placements and even category exclusivity.

·          Strengthen your brand.  Marketing during a down economy tells your customers and prospects that your company is confident in its staying power.

Then, when the economy pendulum swings back up, the companies, hopefully yours, that proactively marketed themselves during the downturn will have put themselves in a position to seize market share, reach new customers, and strengthen brand loyalties while their competitors are busy playing catch-up.

Looking for a Cleveland marketing consultant? Contact Skoda Minotti Marketing Services at 440-449-6800.