Author Archives: Bryan L. Berson

Contracting by Negotiation with Federal Agencies

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 […]

Resolving Disputes with Arbitration

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 […]

Self-Destructive Habits: Why Do So Many Good Companies Fail?

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 […]

Something has Changed: When Your Industry Transforms, Will You Survive?

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 […]

Government Contract Actions and Contractor Qualifications

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 […]

Estate Planning for Young People with Special Needs: Article 17A Guardianships and Special Needs Trusts

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 […]

Commissioned Salespersons: Getting Hired, Fired, and Paid

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 […]