Category Business
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 […]
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 […]
Can You Improve Your Organization’s Effectiveness?
by Bryan Lane Berson, Esq. Last month’s column explored one of Peter Drucker’s masterworks, The Effective Executive. This column analyzes additional insights to improve organizational effectiveness. Drucker noted that poor job design impedes effectiveness. Jobs that defeat multiple executives in succession should probably be redesigned. Organizations should not have to recruit superheroes. Good processes enable […]
Developing the Habits of an Effective Executive
by Bryan L. Berson, Esq. Peter Drucker (1909-2005) was among the most insightful managerial consultants and scholars of the 20th Century. While most management books focus on managing others, Drucker’s The Effective Executive focuses on managing oneself. To Drucker, effectiveness means accomplishing the right things. In spite of what the financial press portrays, executives are […]
Handling Less Than “Full Payment” Checks in New York
by Bryan Lane Berson, Esq. Suppose a customer owes a vendor $75,000, but he gives a check for $50,000 and the memorandum says “full payment.” The “full payment” notation is a “restrictive endorsement.” Perhaps the customer is playing a stealthy trick. Perhaps he genuinely believes he owes $50,000. Regardless, the check is $25,000 short, and […]
Building Conflict Competence: Improve Conflict Resolution & Workplace Mediation
by Bryan Lane Berson, Esq. An organization should multiply individuals’ efforts. Personnel create goods and services, and customers transform them into revenues by purchasing them. Viewed as a supply-chain, departments within an organization are consumers of other departments’ products. Feuds, politics, and turf wars waste effort and distract personnel from serving customers and generating revenue. […]
Conducting Workplace Investigations
by Bryan Lane Berson, Esq. Managers should be capable of addressing accusations of employment discrimination and harassment. Prompt, competent investigations and remedial action – where warranted – can preempt a lawsuit or help prove that the organization acted responsibly. Once management has actual or constructive notice, it should investigate. Actual notice occurs when someone informs […]
Strategic Alliances and Joint Ventures
by Bryan Lane Berson, Esq. Suppose a company wants to expand into a foreign market or combine its product with that of another firm. One of the quickest and most effective ways to accomplish this is through a strategic alliance (“alliance”) or joint venture (“JV”) with another business. An alliance or JV enables a company […]
Public Companies: Proxies and Annual Meetings
by Bryan Lane Berson, Esq. Corporate governance encompasses a labyrinth of laws, regulations, rules, and documents. A private corporation is subject to state law and its charter and bylaws (collectively, “organizational documents”). Public companies (shares of which are traded on stock exchanges) are also subject to federal securities laws and exchange rules. Congress periodically passes […]
Insuring Against Property & Casualty Losses
by Bryan Lane Berson, Esq. With regard to their businesses, entrepreneurs and executives should think carefully about risks to people and property. They should eliminate and avoid as many risks as possible and insure against the ones that remain. This column will focus on property & casualty insurance and water damage. Property – structures, equipment, […]
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