by Bryan Lane Berson, Esq.                                         Download PDF: Contracting by Negotiation When agencies of the federal government procure supplies, federal laws and regulations require that they use a competitive process. The Federal Acquisition Regulations (FAR) detail two procedures to accomplish this – sealed bidding and competitive negotiation. Sealed bidding is usually inappropriate for the procurement of […]

by Bryan Lane Berson Parties to legal disputes often reflexively consider suing one another in litigation. As an alternative, parties can use alternative dispute resolution (“ADR”), including arbitration and mediation. My May 2012 and December 2013 columns discuss mediation, which is a form of facilitated negotiation. Litigation is a process governed by complicated procedure. A […]

by Bryan Lane Berson, Esq. Many good companies fail. Whether you own a business, are employed by one, or have invested in one it is very disconcerting because your career and financial security are at stake. To be successful, it is important to avoid failure. In The Self-Destructive Habits of Good Companies and How to […]

by Bryan Lane Berson, Esq. Download PDF: Strategic Inflection Points In Only the Paranoid Survive, Andrew Grove, the former CEO of Intel, discusses “strategic inflection points” – times when an industry’s fundamentals change significantly. Many businesses do not survive them. New competitors may surpass the old guard that did not adequately adapt. Since the book’s […]

by Bryan Lane Berson, Esq. This column explores government contracting under the Federal Acquisition Regulations (FAR). The FAR requires agencies to conduct market research before engaging in procurement. Agencies must describe their needs, gather information about the item, identify sources to meet their need, and identify applicable laws. Agencies have discretion with regard to the […]

by Bryan Lane Berson, Esq. Download PDF: Article 17A Guardianships and SNTs in NY Article 17A Guardianships New York has established different guardianships for people in need of supervision (sometime referred to as “incapacitated persons,” “IPs,” or “wards”). Under a guardianship, a court appoints a guardian to assist an IP who lacks sufficient capacity to […]

by Bryan Lane Berson, Esq. Download PDF: Commissioned Salespersons A. Researching the Company Before beginning to work as a salesperson – as an employee or independent contractor –carefully research the company for which you plan to sell products. Your compensation depends on the merchandise, shipping, and prompt, accurate payment. If possible, ask customers whether they […]

by Bryan Lane Berson, Esq. Download PDF: Refinancing Mortgages A. Why Do Borrowers Refinance? When you refinance a mortgage, you replace your current mortgage with a new one that has a different interest rate, maturity, or both. People refinance for a variety of reasons. They may want to – reduce their interest rate or monthly […]

by Bryan Lane Berson, Esq. Procurement is the process by which the federal government acquires goods and services for military and civilian use. To procure products, the government’s executive agencies use the Federal Acquisition Regulation system (FAR). It is a uniform code of policies that applies to all acquisitions with funds appropriated by Congress. The […]

by Bryan Lane Berson, Esq. A. What is a Security Deposit? A security deposit is a tenant’s cash that a landlord holds during the rental term to offset potential damages caused by the tenant. It is not rent. A landlord need not apply it to the tenant’s last month’s rent. The tenant must still pay […]