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May 18, 2024 28 mins

Two-time Emmy and Three-time NAACP Image Award-winning television Executive Producer Rushion McDonald interviews Attorney Jalene Mack. She is an entertainment attorney, from her base in Houston, she has expanded her reach into the film centers of Las Vegas, NV, Miami, FL, Atlanta, GA, Los Angeles, CA, New York, NY, Chicago, IL, Baltimore, MD, New Orleans, LA and Dubai. Attorney Jalen Mack’s legal skills in Arts & Entertainment include a wide range of matters regarding Film & Television (scripted and unscripted) from development through distribution, Theater, Music, Books, Performing Artists, Contracts, Film Finance, Distribution, Federal Trademark & Copyright Registration and more.   As an actor she’s been featured in Better Call Saul, Batman vs. Superman: Dawn of Justice, and the  ALLBLACK network Houston drama 5th Ward, and look for her alongside Jamie Foxx in The Burial on Amazon Prime.

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Speaker 1 (00:05):
Welcome to money Making Conversations.

Speaker 2 (00:06):
It's to show that she is the secrets of success
experience firsthand by marketing and Brandon expert Rashan McDonald. I
will know he's giving me advice on many occasions. And
in case you didn't notice, I'm not broke. You know
he'll be interviewing celebrity CEOs, entrepreneurs and industry.

Speaker 1 (00:20):
Decision make because it's what he likes to do. It's
what he likes to share.

Speaker 2 (00:24):
Now it's time to hear from my man, Rashan McDonald
money making Conversations.

Speaker 1 (00:28):
Here we come in the legal profession.

Speaker 3 (00:31):
There are contracts out there you should have worn too,
and a lot of people try to act. Lady, know
what a contract is and try to read the contract
themselves and a comma or the word or or the
word and can make a difference in what a contract means.
Here to talk about contracts, talk about to strike, talk
about acting, talk about what's going on in the world
of entertainment. She's Houston based. Please work with the money

(00:53):
Making Conversation masterclass. The one and only attorney Jayleen Max.

Speaker 4 (00:57):
How you doing, Jayleen, I'm doing fine. Thanks again for
that wonderful intro and boy, I'm so glad to be
back because you are you about to talk about a
big deal in the entertainment industry. Contract so important that
everybody knows what they're getting into. So I am here
to talk about that.

Speaker 3 (01:15):
Let me ask you this because a lot of people,
you know, try and save a little money, try to
save a little money, don't want talk to people like
you now. And the air contracts that come from I'm
gonna use the word reputable because you know they come
from production companies, they come from studios. But that doesn't
mean that that contract has your best your best your

(01:35):
best uhitches you go your best interest if you sign it.

Speaker 1 (01:44):
Is that true or not?

Speaker 4 (01:46):
Well, you always have to remember that. Uh. There are
two sides to the contract, right, you know, whoever's receiving
the contractor whoever since the contract basically right, two sides
in terms of whoever the drafter and the person you're
entering into the contract is one party and then the
person expected to the contract on the other side of

(02:07):
the other party. So those are competing entrance interests already
and inherently there's a conflict of interest. So I would
rely on the studio to say Hey, we've offered you
the perfect deal. Sign here really without counsel, without maybe
my lawyer looking at it. If I don't have a manager,
do I have an experience I'm sorry. If I'm a lawyer,

(02:30):
do I have an experience manager to look at it.
You know, I wouldn't sign without legal advice, that's for certain.
And I will also say this, and I've said this
many times, if you have an entertainment matter, do not
take your entertainment matter to a real estate attorney. Don't
take it to approbate attorney just because somebody has e

(02:51):
SQ as a title at the end of their name, right,
or they're attorney so and so and they have big
commercials about eighteen wheel of wrecks. Do not take your
entertainment contract to that lawyer. Find you a lawyer who
has experienced and entertainment, specifically in the area of entertainment
that your contract is related to. So, if you got
a music issue, take it to a music lawyer. If

(03:13):
you have a contract dealing with television in the unscripted space,
make sure that lawyer has that type of experience a writer.
Make sure that that lawyer has some experience with writing agreement.
So that's where they where they need to start. First
of all, have the right representation to take a look
at that agreement to make sure that you know it's
it's fair basically, and you get as much of the
benefit of the bargain as you can.

Speaker 3 (03:34):
I want to bring something up here, Attorney Mac. I remember,
you know, because I've represented people over the years. And
then what was happening was especially in reality TV world,
because these people are coming on these reality shows, especially
like baking shows and these these a lot of shows
that are uh you know, physical fitness shows, and they

(03:55):
were leaving and get an endorsement or they will getting
other TV opportunities, And it was almost like signing talent deals,
you know, where you come on the show. It used
to be you come on the show and used to
get paid for the show, but then they feel they
made you, put you in a position to be recognized

(04:16):
and they want a percentage of your life or opportunity
that you've received once you leave the show.

Speaker 1 (04:23):
I'm talking about it for T shirt sales.

Speaker 3 (04:25):
It could be if you have a bake where they
can have something like that if you're a baker.

Speaker 1 (04:30):
These contracts still exist today.

Speaker 4 (04:32):
Correct, they do, and Oh my god, your timing is
impactable because literally this morning I had a client that
I had to advise on a I won't say the
name of the show or the network, but it was
a cooking related show and the contract was forty five
pages long, let's start there. And not only did it

(04:56):
have a number of issues related to if you make
it to the show, because right it deals with if
you what happens when you auditioned for the show, even
what happens when you feel like application and maybe you
make the show, and how many seasons are you going
to be on the show, and then if we make
you a success on the show, h we want the

(05:16):
exclusive right to manage you. We want the exclusive rights
to handle a TV deal with you. So it's almost
like these record labels, you know, when the record of
when record stores shut down and the record business change
and everything with streaming now, the record labels had to
figure out how to get a little bit of everything
that you deal with. So even in this cooking space

(05:39):
that you're talking about with this reality show, now, it's
a very similar three sixty deal in a lot of cases,
because we know reality shows have been so successful in
building talent that they want a little bit of the
money that they spent to build you as a talent,
although they were getting paid well from average, right, we

(06:00):
want a little bit of that back. So now they're
going to tax you on the success that you got
from their show. And how are they doing that? By example,
with this cooking with a cooking show, as you even reference,
they'll charge you a see called a business royalty because
maybe you went out, you started cookbooks and you got
popular on YouTube and you're making all these appearances as

(06:23):
a chef. Or we're going to charge you a restaurant
royalty because on our show, yeah, now you want to
go and open up a full blown restaurant. We need
our fifteen percent, we need our ten percent because we
help build you. So that is definitely the trend that
I'm seeing, especially in these competition based shows, because it's

(06:45):
not like an unscripted reality show. Let's just say the
Housewives of Atlanta. Those people get paid well, I mean
Ninie Lakes. They have to get her out the way
first on Housewives, and whatever little money's left over, it
trickles down to everybody else because you know, she's the
leading talent on that show. But with that being said,
there's longevity, right, so yes, your your brand will build

(07:09):
up over time. But that show has several seasons and
there's lots of money to not only pay talent, but
lots of money for that show to make coffee.

Speaker 1 (07:19):
You what is your dream?

Speaker 4 (07:21):
Did you?

Speaker 3 (07:22):
You've gotten a call from one of these networks and
I'm gonna stand that cooking lane, because that's why I'm at.

Speaker 1 (07:26):
I'm gonna cook. So that's what I understand.

Speaker 3 (07:29):
And you're telling me, you know, I got my little
my little TikTok, I got my little social.

Speaker 1 (07:35):
Media handles, and I go in, I is it anyway?

Speaker 3 (07:39):
Because you know in terminology, you know you can get
contract you can strike through them and say I'm not
going to do that. Are these contracts set up where
hey almost like a taken a leader?

Speaker 4 (07:50):
Naturally? Yes they are because they know so I'll say this, Uh,
sometimes I can sit back and say, you know what,
everything is negotiable, but in reality only when you got
a forty five page contract and the show is not
in its infancy stage. This is a show that's the
institution that has been going for years and they know

(08:10):
for a fact that they make stars. The show rates
well on television, and the buyers are lined up to
take an ad to advertising the show, right. They know
the show is successful and everybody wants to be on
the show. If you're desperate enough, you will jump in
bed with that devil and not get a chance to
negotiate the things that really are important to you. Some

(08:32):
of those things do become a take it or leave
it position. But even when I look at those contracts
as commoluted as they can be, you know, really really,
I mean the small print type stuff. You got to
take your time to read through every line. But I
would still push for exclusion if I could, right, Meaning, Hey,
I'm a chef, and I know I'm not a big

(08:52):
name now, but I do have a food truck that's
been doing well these last two years. And I know
I'm only making, you know, three hundred thousand dollars a year,
But if I come on this show, I might end
up making three million dollars a year. I get that,
But this little food truck is important to me. It's
been in our family for a while. I put a
lot of time, toil and chalel in it. I built
it up, I built my brand around it, and I

(09:12):
don't want to share this with the network. You have
to specifically say that to these lawyers and these producers
that I have some things that I want to exclude
I don't want to share. And these things existed before
this show came along, right, But it's important to make
the argument.

Speaker 3 (09:29):
Yeah, but a lot of people may not have that,
and they when they come on, they can blow up
popularity tied to their social media, popularity, tied to just
coming home.

Speaker 1 (09:38):
So it's important. I guess what I wanted to point out.

Speaker 3 (09:40):
You know, I'm talking to attorney jay Lee Mack, and
we do I say the word Houston base, but our
reach has expanded into Las Vegas, Nevada, Miami, Florida, Atlanta, Georgia,
Los Angeles, California, New York, New York, Chicago, Illinois, Baltimore, Maryland,
New Orleans, you know, Dubai. So you know, so that's
a lot so of reach. That's a reach in the

(10:02):
legal profession. And I only say she's uston base because
that's what she said quartered. But more importantly, when I
look at in my life, I've been so fortunate to
have of legal guidance, and believe me, you know, the
old axiom is that hey, you know, I don't want
to pay nobody.

Speaker 1 (10:18):
It looks good to me. They wouldn't cheat me. Yes,
they will, just do it, just do it.

Speaker 4 (10:24):
Yeah, it happens. No, no, it happens. I mean I
will say, you know, there's a lot more integrity in
the industry now and you can certainly work through your representatives.

Speaker 1 (10:34):
On come on, how is that you just told me
this morning you saw this cover?

Speaker 4 (10:41):
Right? No, no, right, no, hear me out. What I
mean by that is there are some factors in place
to help you at least understand your deal and know
what it is that you're dealing with, right, as opposed
to being blindsided by the small print. So with that
being said, what I mean is you do have your

(11:02):
option to have your representative right negotiate this deal on
your behalf or with you alongside of you. So that's
the plus side of being in the business. But at
the end of the day, Yeah, how much power do
you really have? You're right, and if you're if you're
trying to build your brand and this is the biggest

(11:24):
stage you've ever been on and you want to parlay
all that success and to an empire, it might be worth,
you know, giving up some things, you know, for the
next five years of your life, sharing some of your
profits for the next few years after you've been successful.

Speaker 1 (11:42):
On the show.

Speaker 4 (11:43):
All of it might be worth it because you say, Okay,
I got to out the good outweighs the bad. You know, yeah,
it might cost me a million when it's all said
and done, but I'm gonna walk away with four million.
You got to weigh all those factors, right. I know,
I'm dealing with high numbers that you know, some people
may never research, but it sounds but.

Speaker 3 (12:00):
You know, something is reachable. It's happening out there, and
that's the whole thing. That's why there they see it.
That's why they got these contracts out there. They know
it's happening. And so the reality they wouldn't have these
type of contracts if it didn't happen at least one time.
So you know the one time, it probably happened about
two three times when they went hold up, hold Up.
They getting television shows, they getting endorsement deals, and they

(12:24):
were nobody untill they came on our show. And that's
what is all. That's what it's all about. You know,
whether you whether you a fitness person, do a Fitness show.
Next thing you know on you you look over your
Instagram account, you got a million followers.

Speaker 4 (12:39):
You know.

Speaker 3 (12:39):
You look at your YouTube you got five hundred thousand subscribers,
which means that you could be making anywhere from thirty
thousand to one hundred thousand dollars a month depending on
their views on your YouTube channel. So the important thing
that Attorney j Lee Macket is saying, and I'm saying
to anybody who's listening on to the show, is that
if a contracts putting in front of you, find somebody

(13:00):
who knows how to read it. Jayleen, I want to
go to break when I come back, something I didn't
do last time we was owned this show, Money Making
Conversations master Class. I want to know how did you
get started and what got you in that direction that
the law was going to be a career for you.
When we've come right back, I'm going to learn more

(13:20):
about Houston Base but Dubai known Attorney Jayleen Mack, we'll.

Speaker 5 (13:33):
Be right back with more Money Making Conversations Masterclass with
Rashawn McDonald.

Speaker 6 (13:40):
You are now tuned into the Money Making Conversations Minute
of Inspiration with Rashawn McDonald.

Speaker 3 (13:46):
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And the reason why that resonated with me so profoundly, Rashaan,
is because that's what I attached to all my work.
Everybody right now is celebrating stephen A's World coming on
ESPN Plus, or they're talking about my sports and it
was stephen A.

Speaker 1 (14:19):
Smith the NBA show. They look would first take.

Speaker 7 (14:22):
All I think about is going day to day and
making sure that I do everything that I can to
deliver to the audience what their expectations are of me,
and to exceed those expectations.

Speaker 3 (14:31):
If you want to hear this full interview with Stephen A. Smith,
visit Moneymaker Conversation dot com.

Speaker 1 (14:36):
Keep Winning.

Speaker 8 (14:39):
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The my HBCU story digital Library will allow current HBCU
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Available at HBCU College day dot com.

Speaker 6 (15:10):
You are now tuned into the money making Conversations Minute
of Inspiration with Rashawn McDonald.

Speaker 3 (15:15):
Tmauri to start our family Reunion, recall spending years being
incorrectly treated for her debilitating abdominal pain. This experience inspired
Tiya to sell healthy vitamin supplements.

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I decided to come out with a supplement line called
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(15:49):
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Speaker 3 (16:01):
If you want to hear this full interview with Tiamauri,
visit Moneymaking Conversation dot com.

Speaker 1 (16:06):
Keep winning.

Speaker 5 (16:09):
Now, let's return to Money Making Conversations Masterclass with Rashaun
McDonald j Lee Mack.

Speaker 1 (16:17):
Why why are you a lawyer?

Speaker 8 (16:20):
Mmm?

Speaker 4 (16:21):
Well, let me let me button this before we go on.
I just want to put the caveat out there we
were talking about earlier. All reality unscripted shows, competition, lifestyle,
et cetera, will not have the same contract. But what
we were talking about specifically was these new contracts that
feel like these three sixty deals. So I just want
I don't want to discourage anybody if you're trying to
go on a reality show to know that to think

(16:43):
that it's going to be such a difficult time or
process for you. It may be something light, a lighter
experience and uh, and you may not have some of
the same things that these these competition shows have in
their agreements versus if you were just going on a
lifestyle show. So I just want to put that caveat

(17:05):
out there, so whatever contract you get from that particular
show would stand alone. And again I encourage everybody to
get a lawyer to take a look at it, to
go through it with you. So to go back to
why am I a lawyer?

Speaker 1 (17:20):
Why?

Speaker 4 (17:22):
So that's so funny because you know, I was an
actress before I was a lawyer, and I still act
to this day. But when I graduated from zay V
University of Louisiana XU, yes, HBCU proud of it. I
was at that fork in the road because I finished

(17:43):
college in ninety and you had to figure out how
do you make yourself way more marketable because everybody, you know,
not anybody but printant people graduating from college. Right, So
it was a matter of did I want to go
to a graduate school, go into the workforce, or do
I really wanted to pursue acting, right, And I really
did want to be an actress, but I didn't want

(18:03):
to be a starving actress. And so I thought, hmm,
looking at everybody around me at the time that was
famous having problems with management. Tony Braxton TLC, Kareem Jewel
Jabbar when he was a basketball player, they were having
problems with management, and that went back to they were
having problems and accounting and such. They were having problems

(18:24):
with their contracts, not understanding the small print. So I said,
I'm gonna be a lawyer because they teach you contracts
in law school, and if I practiced law, that'd be
my waitressing job. While I'm pursuing an acting career. They
want to be a starving artist. It was that plain
for me. That's simple. And of course they keep you
contracts in your first year. So had I failed law school,

(18:47):
at least I have known about contracts. I could my own,
you know.

Speaker 10 (18:52):
But I passed.

Speaker 4 (18:53):
I passed all years. I passed the bar the first
time and didn't have a problem, But I did firing
a way to marry the two careers, practicing as a
lawyer and practicing in the entertainment industry. And although I
had plenty of other experience in other areas of the law,
because I used to be a litigation attorney. I did
family laws, criminal cases, landlord tenant disputes. I did a

(19:17):
gambit of things in the general practice. But my love
was in arts and entertainment, and so that is literally
how I got to become a lawyer. I wasn't a
person that was born and said, oh, I want to
be a lawyer, you know. At six years old, I
did not know I wanted to be a lawyer until
I was at that four K in the road in
my senior year of college.

Speaker 1 (19:34):
Wow, let me ask you this.

Speaker 3 (19:36):
So now you know, we're surrounded by this incredible strike
that's out there, and you know, the actors are striking,
which is sad.

Speaker 1 (19:45):
The writers are striking with WGA and then you.

Speaker 3 (19:48):
Turn around and you see, you know, Barbie is across
the billion dollar box office worldwide. Oppenheimer, you know, is
flying up to four hundred million about the five hundred
million dollars worldwide.

Speaker 1 (20:03):
What is the problem?

Speaker 3 (20:04):
You know, are the what are the actors acts asking for?
And what are the writers asking for? Should I? Should
I have that conversation separately? Ask me, because you an
actor actress?

Speaker 1 (20:13):
Yes, whether the actors.

Speaker 3 (20:15):
Acting asking for that the that the studios are resisting.

Speaker 4 (20:22):
So it's a it's a number of things that's been happening,
but at the core of it, it's more money, better
working conditions, improvement of safety, and uh more passive income,
right because with the big streamers coming along, but the
revidual income it's almost like non existent. And I've myself

(20:45):
been that person to open up the envelope gotten the
check and all I see is seventy five cents.

Speaker 3 (20:51):
Orlo Hodo, Holdo Sturney j Lee, Matt, you've got the
residual check is seventy five cents.

Speaker 4 (21:00):
I had one that was less than a dollar, and
I think it was the movie Hurricane Season, if I'm
not mistaken, and I did that like two thousand and eight.
So I will say old movies tend to pay you
less residuals, right, because they've been out for so long.
But residuals used to be thousands of dollars. Like you
live for a residual check. Now you don't even run

(21:21):
to the mail box. Sometimes I don't even open those shoes.
I got a check, two checks sitting on my desk
right now that I haven't cast yet, because like one's
less than one hundred bucks, and I don't know what
the other one is, but total they probably weren't quite
two hundred bucks. And so that's for somebody who's in
between jobs, right, or somebody who hasn't worked for a
while on a union project that's paid significantly. They're living

(21:48):
check to check, especially if they're not getting large residuals.
And that's why it's important as a creative to have
more than one stream of income. That's why you have
directors who are producers, producers who are are writers. Right,
as an actor, you shouldn't just be an actor. You
should be writing as well. You should be a producer

(22:09):
developing your own projects. You have to create multiple streams
of income. And Jayleen Mack is not just an actress.
I'm not a fool. I need to earn a living,
especially living in a market that's not a typical entertainment
market such as Houston.

Speaker 1 (22:24):
So what do I do.

Speaker 4 (22:25):
I'm also a lawyer, so I don't have to worry
about well, I don't have an acting gig, but I
also produce, and I also write, and I'm also an
Arthur Right, I'm also a philanthropist that I have a foundation,
and so I've had these multiple hats that I get
to wear in the industry. That makes a lot of
sense for the industry because obviously there's only so many areas,

(22:49):
so many industries that you can be in when you
wear these multiple hats in your hybrids. Because when you
start to get in other areas, like I don't know,
let's say you're a nurse, maybe you're still just a nurse.
You're just in a specialized area. But you don't wear
multiple hat right, You don't necessarily say, well, I'm a
nurse and then I'm a TV producer and I'm a

(23:10):
you know or whatever, because it may not necessarily make
sense in that industry, but in the entertainment industry, multiple
hats for multiple streams of revenue make a lot of
sense because that's just how it works.

Speaker 3 (23:24):
Right, turning Mac, how does one get in touch with you?
You know there's a direct number at your office that
one can call.

Speaker 4 (23:30):
Yes, how does that work? Yes? Yes, they're welcome to
call the numbers seven one three six sixty one MAC,
which stands for seven one three sixty six one six
two two five. So if they don't remember seven one
three sixty sixty one MAC, and then they can find
me at Jaalen maac dot com. They can find me
on social media at Jlen Mac on all the channels. Uh,

(23:53):
LinkedIn is a great place to find me, or as
they say, google me.

Speaker 1 (24:01):
You know, you know, you know, I just you know.

Speaker 3 (24:04):
They always to put teacher disclaimers out there. On my show,
Seine has a relationship with somebody on this show where
I do have a relationship, a business relationship with her.
She's representing my trademark business for at least over twenty years,
you know, and so I go, she's her firm has
been my go to firm for trademarks now, because in

(24:27):
the business you have to have people you trust, you
have to have people you cannot you know a lot
of people go, well, you know, if you just put
your trademark in an envelope and then you mail it
back to yourself and don't break the seal, it's registered. No, no, no,
But people believe that because they can google that information
and that's what it will say. Just like people use
they cure themselves or try to cure themselves by doing

(24:50):
being there doctor, by going on social media, going on
the website and stuff like that.

Speaker 1 (24:55):
Internet. So as we wrap this up, you know, can
you say one thing.

Speaker 3 (25:00):
That people shouldn't do in this business that they're continually
doing to frustrates you.

Speaker 4 (25:07):
Yeah, the leading thing as I mentioned before, you know,
not going to the proper lawyer, uh to handle your
legal legal matter. And that's in any case you know,
we can get outside of entertainment law, even if it's
a divorce attorney. You wouldn't want to go to a
real estate attorney, right, Or if you need a will done,
you wouldn't necessarily want to go to your corporate attorney.

(25:29):
So make sure your representative is experienced to handle the
issue that you have when it comes to contracts. Even
if you don't have a lawyer and you try to
prepare a contract yourself, if you take one off the internet,
a general template you know that's a that has blank lines,
or you find a contract that's a TV contract that's

(25:51):
filled out, but it's online and in somebody else's contract.
You cannot take the contract and just fill in the
blanks and think that it's completely been negotiated or it
makes sense for your situation. You really do have to
read through it to know and understand what it is
you're feeling in and why or what else about the
contract might need to be changed. Even if you feel

(26:13):
it out yourself and you feel like, ah, I saved
some money, well, I don't know if that thaves you
some money. It costs you some money.

Speaker 10 (26:21):
But what you know what I mean, because but what
I will tell you is find a way to put
it fide some type of legal funds to even have
a lawyer, take a look at the contract that you've
prepared yourself for extra pair of eyes.

Speaker 4 (26:36):
Right or.

Speaker 3 (26:38):
You know you got to do it that way, Attorney
Jayleen Mac. As usual, I run out of time. You're
just an incredible guess. I would appreciate you.

Speaker 1 (26:45):
Can you give out that phone number one more time
if we close out the show?

Speaker 4 (26:48):
Absolutely seven one three sixty six ' one mac or
they're welcome to make an email me at info at
Jlenmac dot com. Jayalenmac dot com is a website Jayleen
Mac on all social media and I'm here to assist.

Speaker 3 (27:01):
Okay, thank you, and I want to thank oh my
my friends and family that's who listen toes show. You
are my friends, you are my family again. I'll be
back next week with another great episode of Money Making
Conversation Masterclass.

Speaker 1 (27:12):
Thank you, Jayleen Mack, Attorney.

Speaker 4 (27:14):
Max, thank you.

Speaker 1 (27:15):
Having from Houston to Dubai. That's right, so I say
bye bye.

Speaker 5 (27:20):
Let me tell you about the host of Money Making Conversations,
Rushan McDonald. Rushan's a two time Emmy Award winner, three
time n DOUAACP EMMAT Award winner, sitcom writer, stand up comic,
and former IBM executive. Thank you for joining us for
this edition of Money Making Conversations Masterclass. Money Making Conversations

(27:42):
Masterclass with Rushan McDonald is produced by thirty eight to
fifteen Media Inc. More information about thirty eight to fifteen
Media Inc. Is available at thirty eight to fifteen media
dot com. And always remember to lead with your gifts

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