Category Negotiation
Using Agents in Your Business
by Bryan Lane Berson, Esq. Agency describes the relationship between a principal and an agent who acts on the principal’s behalf. Common principal-agent relationships include employer-employee, client-attorney, and property owner-real estate agent relationships. In business negotiations, people use agents for a variety of reasons. For example, in a negotiation, if there is personal tension between […]
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 […]
The Commercial Leasing Environment
by Bryan Lane Berson, Esq. Manufacturing and most service businesses lease dedicated space for their operations. Commercial landlords and tenants (hereinafter “parties”) memorialize their agreements in commercial leases. Most people are familiar with residential leases, but commercial leases and the applicable landlord-tenant law are quite different. State law tends to protect residential tenants far more […]
Both Sides Can Win Through Mediation
by Bryan Lane Berson, Esq. “People began to feel that they could consult with me with some safety and without the danger of being involved needlessly in long and costly litigation in court….I suppose that they were more reasonable than other clients, for they usually settled their differences out of court.” – Calvin Coolidge Business […]
The Employment Contract: A Tool to Clarify and Incentivize
by Bryan Lane Berson, Esq. The previous two columns focused on independent contractor agreements. This month, we focus on employment contracts. Usually, employment is “at will” – at any time, an employee can quit, or an employer can sever the employee. Most employees do not have written contracts for a guaranteed time period. While a […]
Contracts That Focus on Lowest Price Can Harm Profitability
by Bryan Lane Berson, Esq. Download PDF: Supplier Relations “Point 4 – End the practice of awarding business on the basis of price tag alone. Instead, minimize total cost by working with a single supplier.” – W. E. Deming Quality is often defined as “fitness for use.” As members of a supply chain, manufacturers and […]
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