Archive for August, 2007

Litigation Vs Transactional

litigation vs transactional

10 Rules to Follow When You are Selling Your Agency

1.  Conclude that selling your business is the right step to take.

Selling a business is one of the greatest challenges and potentially, one of the greatest rewards any business owner will ever realize. Like marriage, career changes, and other major endeavors, it is not something that should be taken lightly. Serious contemplation of the risk vs. reward must be well thought out.

If there are business partners, their concurrence and support are, no doubt, essential. If you have family members directly involved in the business, their welfare and ongoing contributions must also be evaluated and taken into account. Selling your agency is certainly a decision that requires careful deliberation and potentially, collaboration among close associates, family members, and partners.

One of the biggest questions that you will face is whether the time to do so is right. Many dynamics dictate whether the timing is appropriate. Generally, the goal is to sell when the business is peaking on its trend of revenues and earnings. The old adage of selling high certainly applies here. Another adage to remember is that pigs get fed and hogs get slaughtered. The trick, more often than not, is staying ahead of the market curve, timing everything just right so that you can sell out just at the peak of the trend. Selling a business usually takes between four and twelve months, assuming everything falls into place. The risk to the agency owner, quite frankly, is that the acquiring entities are so tuned into industry trends that by the time the market begins signaling price compression, the acquirers are packing their bags, or at the very least, lowering their multiples. The valuation methodologies run concurrently with demand. If product demand or rate of return on revenue declines through market softening, the value of the distribution channel certainly will decline by relative proportions.

Sometimes the sale of a business is used as a succession-planning vehicle where the owner can easily liquidate his ownership interests in the business without disrupting the ongoing viability of the operations. This requires a careful fit between the buyer and the existing business. Most often, timing and market conditions are not as important; rather, it is up to the owner’s discretion as to whether it is right.

Often, agency owners face limited growth opportunities for their business due to the lack of capital. The desire to grow bigger is there but the capital is tied up in the business. By selling the agency interests to a larger, national company, this can release the liquidity from the company and allow the business owner to continue to manage it as a platform. Often times this represents a new opportunity for entrepreneurs to flourish. Being part of a larger organization brings new challenges; a change of business objective, and handsome rewards should the entrepreneur make a marked change in his new employer’s company.

All this being said, market conditions, personal and financial objectives all have to be carefully evaluated prior to making the commitment to sell.

2.  Consult with a business advisor and M & A lawyer.

This can be an important, often overlooked, consideration. Once you are determined to sell your business, it may be worthwhile to should seek the guidance of a business advisor and an attorney who is specializes in mergers and acquisitions. Many times, business owners depend on their local CPA and corporate attorneys. While these people are highly important and may have created value for the organization in the past, it may be better to have experienced specialists who can navigate through the acquisition process. The acquisition process encompasses many components and requires the understanding of the sequential events that generally occur during the process. These events consist of the business valuation, assessment of seller’s market opportunities, preparation of offering memorandums, review of the tax implications of a potentially complex transaction, and legal and financial due diligence. Additionally, there is much drafting, review and negotiation required for the definitive, employment, non-compete and option agreements. Arming yourself with these professionals will most likely provide you greater consideration, which will outweigh their costs by reasonable proportions.

3.  Clearly recognize the value of your business.

A business advisor can guide you here. Although this is not rocket science, it is important to be well armed with a clear understanding of the value parameters of your business. Acquirers will sometimes reduce their valuations to an “art form” and will not specifically disclose how they appraise your business. Establish benchmarks for an acceptable selling price that you are willing to tolerate. It is not an expensive to obtain a valuation, and well worth the investment when it comes to comparing it with a buyer’s offer.

4.  Avoid reactive selling.

It is highly recommended that you take the initiative and go to market under your own volition. Typically, this will provide a much greater chance of optimizing your sales proceeds. Being reactive and allowing the buyer to initially approach often puts the buyer on the defensive where you are subject to buyer timelines and pricing methodologies. They have you right where they want you; you are in their pipeline and they maintain control over the process. Do not hesitate to take the offensive and find the buyers before they find you. There is an overwhelming abundance of buyers in the marketplace; therefore, consider shopping among multiple suitors. A business advisor will prove to be extremely helpful here. Depend on your advisor to maintain control of the selling process while diligently and vigorously representing your interests.

5.  Present your company properly.

Typically, a business advisor will recommend putting an offering memorandum together after you conclude that selling your business is the right direction for you. An offering memorandum includes historical financial performance; business and market trends, ownership interests and pertinent tax information; forward projections; a narrative overview; and other historical information on the business. Additionally, it includes certain key metric information that is key to the business. The biggest mistake made by entrepreneurs is that they open their books and immediately provide an internally generated, cash basis, financial statement to a prospective buyer. The primary goal of any small to mid-sized business owner always should be to minimize their tax liability while maximizing their personal cash flow out of the business. Often, this skews the presentation of the business from a GAAP accounting basis, which really should be the means in which an agency is valued on. A business owner should carefully evaluate and quantify all personal expenses charged to the business and treat these as “add backs”, which ultimately increases the book income of the agency. Add backs are adjustments that a purchaser usually makes in “normalizing” the income of a business. More often than not, many add backs are over looked. If a buyer pays a multiple of earnings, the seller faces the prospect of leaving significant sales proceeds on the table.

Did you ever think about how other financial dynamics may misrepresent the performance of your agency? Remember taking Accounting 101 and learning about the matching principle? This states that in order to fairly present your financial statements, costs should be proportionately matched with revenue as it is earned. Insurance agencies are inherently put at odds with this principal when they present cash-basis financials. Think in terms of where the preponderance of expense is generated in an agency…creating a sale or placing business. Yet, when an insured elects to defer payments to monthly, quarterly, or even semi-annual mode, the agency commission income will follow the same payment cycle. The agency has expended a large amount of resource placing the business, yet they may have received only as little as 1/12th of the actual annual commission due. In order to clearly “match” costs with revenues, numerous adjustments such as accounting for deferred commission revenues, or alternatively, deferred acquisition costs, need to be taken into account to properly present the true earnings of the business. Remember, every buyer will value your business based on earnings. It is extremely important that you include all details that will assist in optimizing your agency’s earnings. One final and equally critical component of the offering memorandum is its ability to accentuate value creation for the buyer. In other words, to bring to the surface certain intangibles or revenue components that can and may create exceptional value for a prospective buyer. Recurring revenue is something that makes all buyers salivate. If the selling agency has a seasoned book of business with a robust renewal stream, this is a primary example of economic value creation. This may help to significantly increase the profit margins of the buyer. Examples of intangibles that may create value are the professional credentials or industry presence of the agency owner(s). If a buyer is looking to create a platform or to have the buyers business play a key role in their operating scheme, the intangible value of a mature, well respected, management team is an intangible that will receive higher consideration.

6.  Evaluate all aspects of the offer in detail.

If you elect to subscribe to the recommendations set forth thus far, the next step is to send the offering memorandum out to prospective buyers. Generally, buyers will need to perform preliminary due diligence prior to formally presenting an offer. This will occur after receipt of the offering memorandum and prior to the offer. Offers generally are presented in a non-binding letter of intent (LOI) and are generally time sensitive requiring the agency owner’s acknowledgement and acceptance of the offer in writing. The best way to characterize this stage is to compare it to getting engaged. There is intent for the two businesses to formally proceed, but either party can terminate it at any time prior to closing. A LOI is always contingent upon the buyer’s satisfactory completion of legal and financial due diligence. Is the LOI negotiable? Absolutely. Again, the value of a business advisor can be enormous during this phase. They can draw upon their experiences and recommend items which should be negotiated. There are numerous components included in a LOI that go well beyond the price offered for the sale of your agency. All of these components are critical and need to be carefully evaluated. Some examples are the long-term value of stock options, employment agreements, non-compete covenants, deferred purchase consideration, hold-back provisions, base compensation and benefits, contingent bonuses or performance incentives, and the tax treatment of the transaction. Examine how deep the acquiring entity goes in your business to make offers of incentives, employment agreements, stock options, etc. It is important that you evaluate these matters carefully. Remember the importance of your key people in the day-to-day operations of the business and be mindful of how their continued contributions are key to your ongoing success.

A business advisor can guide you through the technical aspects of the proposed offer(s). Often, a key-determining factor behind selecting to sell to a specific buyer is the reputation of the organization in the market. Take not only the economic elements of the offer into consideration, but give considerable weight to the reputation of the buyer.

7.  Negotiate!

If you have made your decision and are about to sign the LOI, do so without any material concessions. An advisor can help you negotiate for higher consideration such as splitting synergy, which is the revenue or expense benefit gained by the buyer through the combination of the two businesses. Do not be afraid to counter-propose. It is extremely important to remove any obstacles from an impending transaction before the commencement of legal and financial due diligence. If there are any issues that make you uncomfortable, raise them now. This will save you time and money in the long run. Whether the concern is your compensation, consideration, or transaction structure, these issues really must be addressed and presented in a revised LOI. Don’t be afraid of the buyer closing down the deal. Rarely will a buyer walk if you are within a 10 percent tolerance on offering price. They have opportunity cost tied up in you and do not want to lose the deal.

8.  Get your house in order.

Be prepared for a convergence on your internal business operations. While the next steps of a transaction are usually smooth and relatively painless, it requires probably the greatest amount of hands-on effort. Once you sign the LOI, the buyer will schedule a formal legal and financial due diligence visit to your operation. The primary goal of the buyer is to completely validate everything that has been represented about your company. This almost always requires a several day site visit for the buyer’s team to review systems, contracts, accounting records, articles of incorporation, employment files, payroll records, bank statements, etc. Not only do they want to validate the financial statement representations, but also to do risk assessments such as production concentration, personal production levels, any threatening or pending litigation, etc. Another drill that the buyer will perform is an overall assessment of personnel and their related skill sets. This is primarily directed toward the management of the business, but is seen as a critical element of the review. The buyers team must come away with an affirmative view of the management’s depth of knowledge; experience level; technical skills; work ethic; stability, and commitment to the business. The due diligence review lists are generally pretty exhaustive and can range from having you prepare information on as few as 40, up to 150 individual categories. The best tactic to adopt here is to be proactive and to solicit due diligence check lists a few weeks prior to the scheduled visit. This gives your staff appropriate time to pull all of the materials together. Once you sign the LOI, the first call you should make is either to the legal counsel or senior finance representative of the acquiring entity to ask them to provide you with the list. If you don’t call them, more than likely, they will be the ones calling you to schedule the due diligence visit. A few things to remember are to provide ample time to compile all the requested materials for due diligence; communicate with key office staff of the impending events to allow them to get prepared; and to coordinate the due diligence activities with the schedules your lawyer, business advisor and accountant. While it may not be critical to have them on site for the entire visit, they must be accessible in the event that they are needed. In general, the formal legal and financial site visits last two to three days. The salient matter is to be prepared and have all permanent file information readily available. Most buyers are sensitive enough to conduct most of the activities at a neutral location if you are uncomfortable with announcing the visit to general employee population.

9.  Perform your own due diligence on the acquiring entity.

If you are going to be directly involved in the acquiring entity, post-transaction, this is a must. While they are kicking your tires, you should be reciprocating. Do not allow the transaction process to go by without satisfying yourself that the buyer’s operating model is conducive to you and your business’ culture. You should visit the buyer’s headquarters, meet their key people, and ask about their plans for integration. Be certain to ask about any employee casualties that may be a result of any integration activities and be absolutely sure that the buyer has a track record of handling these situations with class and dignity. (Be certain that there will be a grand fathering of tenure for severance purposes) Additionally, look at their benefit plans, evaluate their communication methods, and review their complete operating cycle. Ask to talk to other former business owner’s whom they have acquired. It is recommended that you obtain the buyer’s permission to speak to these people before hunting them down. Speak to at least two former business owners in a one on one format and you will learn more about your prospective employer’s culture than any brochure could ever convey.

10.  Take it slow.

It is the best and only way to conduct a serious transaction. Haste never benefited anyone. Carefully evaluate every aspect of the deal along the way. Generally, companies who acquire on a frequent basis will put the offer out for a few days, or weeks or threaten to walk if there isn’t a quick decision. Put this into perspective, they are asking you to make one of the biggest commitments of your life in the matter of days? This is typically a tactic used to keep the deal momentum going in hopes that there is no seller remorse or slow down for further contemplation. They own the momentum and you, the seller, really should be the one synchronized with the schedules, not being drug along without an understanding of what is next in the sequence of events. This puts sellers in an unfair disadvantage. The secondary reason why things are generally rushed is because of the fear of other parties coming into the mix with offers, which could potentially raise the stakes. Take it slow, rely on experienced advisors who can bring intermediary experience to your side, and evaluate every single aspect of the transaction, at your own pace.

Selling your agency can and should be a very rewarding experience. Trust your instincts and stand firm on your convictions. This is a life-changing endeavor and should be dealt with very cautiously. If you are uncertain of which direction to take, stand still and seek the guidance of a professional to make recommendations to you.

Litigation Nq Jobs

litigation nq jobs

Texas Litigation Guide

texas litigation guide

oklahoma mesothelioma attorneys how to find them

Oklahoma mesothelioma attorneys will fight for you and get you the money you deserve, if you are infected with mesothelioma,

Mesothelioma and asbestos related cases are some of the most difficult cases to understand and litigate.

Mesothelioma may develop 25 to 40 years after you have been to asbestos fibers and can happen even if you were exposed only for 1 or 3 years or less. Some people with mesothelioma don’t even have history of exposure to asbestos.

Sign and symptoms are shortness of breath, significant chest pain,and weight loss. one of the deadly aspect of this disease is that it will spread producing tumors in other part of the body, although in some cases the tumors are limited to the chest. Accumulation of fluid between the two layers of the pleural membrane (pleural effusion) often contributes to shortness of breath and chest pain

Your chance of recovery from this deadly disease depend on the size and location of the cancer how far it has spread and the way it responding to treatment Mesothelioma is usually treated with surgery to remove the cancer, radiation therapy, chemotherapy or some combination of these therapies.

An expert and experienced mesothelioma lawyer can give you further information about determination of liability and possible options to recover damages for those diagnosed with an asbestos-related illness.

If you have been infected by this deadly disease in your working environmental due to neglect by your company, and you have been diagnosed by a professional doctor, you need to seek for immediate advice from oklahoma mesothelioma attorneys they will review your case and come up with a legal case based on your medical report rights, an oklahoma mesothelioma attorneys we now give you the step by step guide on every thing you need to know about your legal rights.

This will enable you to file for a mesothelioma claims and receive the monetary compensation you deserve,

so don’t give up on your fight against this deadly disease seek for a quality advice

Litigation Oil Spill

litigation oil spill

South Florida Businesses Should Prepare for BP Oil Spill Claims

With the news today that the Deepwater Horizon oil spill catastrophe is threatening to affect the coastal areas of the Florida Panhandle, it is time the rest of Florida’s businesses take a hard look at whether their business will be affected by the oil spill. Estimates of how much oil continues to spew into the ocean range wildly from BP’s estimate of 5,000 barrels of oil, to other estimates of up to 70,000 barrels of oil per day.

Once this oil slick hits the gulfstream, it in only a matter of time before it continues around the lower part of the State of Florida and starts to have a negative effect on businesses already struggling to survive. Lloyd’s of London has estimated that net claims from the Deepwater Horizon explosion in the Gulf of Mexico currently stand between $300 million and $600 million. The damage caused by this disaster is predicted to go far into the billions of dollars.

It is easy to see how fisherman that make a living off fishing in the Gulf of Mexico will be affected. The same could be said for the hotel industry, and other businesses closely tied to the Panhandle and Gulf of Mexico. BP has even set up claims offices throughout the Panhandle in Pensacola, Gulf Breeze, Fort Walton Beach, Crawfordville, Apalachicola, Port St. Joe, and Panama City Beach. However, there have been no BP Claims Centers opened in the Central Gulf Coast, or in South Florida despite numerous and continued reports that indicate the giant oil slick is coming our way.

South Florida attorney Joseph M. Maus says that oil spill legal issues are already being determined by companies and groups that have filed early claims against BP. If you wait too long, the manner in which a claim can be made will have already been decided, and many of the issues which affect your claim, and the amount you can recover, may have been decide too. There are a few things you can do now to understand and maximize any claims you may have for your business:

1. Don’t be shortsighted – virtually every business in South Florida has the potential to be affected by this disaster. Tourism, the lifeblood of South Florida’ economy, supports not only those directly involved in hotels, attractions, beaches and travel, if indirectly supports almost every business in South Florida – the restaurant industry, the real estate industry, manufacturing, marinas and supply businesses. Take the time now to assess your business and its revenue. The full brunt of this Oil disaster may not be felt by your business for 6-12 months, or longer. And, it could affect your business for many years to come.

2. Be Informed and Know the Facts – Many business owners have taken a “wait and see” approach. This may work in the short term, but it is better to stay on top of your rights, and the appropriate time frame to make a claim. Attorney Joseph M. Maus says that oil spill attorneys are offering a “consulting agreement” to keep business owners, and trade organizations up to date on the BP Oil Spill litigation and claims process. BP is already working to gain a favorable jurisdiction in Texas to process most claims. BP has also already attempted to limit the amount of its liability based upon a decades old maritime law. Attorney Maus says failing to stay informed, and represented, could allow BP to corral many unsuspecting businesses into a legal venue that is not favorable to a Florida business.

3. Know the Laws that Apply – Claims arising out of the BP oil disaster are going to be processes through a complex maze of state and federal laws. One of the most comprehensive laws that will apply is the Federal Oil Pollution Act. This Act imposes “strict liability” on a “responsible party” that discharges oil into the water and causes damage. However, this law also includes damage caps (sometimes only $75,000,000), presuit requirements, and time limitations. Other state and/or federal laws may apply which also have damages caps, presuit requirements and additional time limitations.

The Oil Spill legal process is already moving at an incredible rate. The fighting has begun over what venue claims will be handled in, which laws will apply, whether there will be damages caps, what the time limitations will be , and may other critical issues that will have a direct impact on any claim you may want to make. BP has an incredible amount to lose in the claims process and they already have an army of lawyers attempting to shape the way your claim is going to be handled.

Attorney Joseph M. Maus recommends entering into a consulting agreement with an attorney now to ensure your rights are protected. The consulting agreement does not bind you into making a claim down the road, but it keeps you informed about the claims process so that when you start to see an affect on your business, you’ll know how best to proceed, and you will not miss and presuit deadlines. Attorney Maus recommends a consulting agreement for all business that will be affected by the spill – from marinas and businesses in the yachting industry, to the rental car and hotel industry, fishing businesses, restaurant trade groups, and anybody that relies on tourists for their business.

Attorney Maus’ office is located in Pompano Beach, Florida and he can be reached toll free at (866) 556-5529. He serves South Florida including Miami, Fort Lauderdale, Boca Raton, and Palm Beach.

Who will be the next Republican to apologize to BP?

“I think it is a tragedy in the first proportion that a private corporation can be subjected to what I would characterize as a shakedown — in this case a $20 billion shakedown — with the attorney general of the United States, who is legitimately conducting a criminal investigation and has every right to do so to protect the American people, participating in what amounts to a $20 billion slush fund that’s unprecedented in our nation’s history, which has no legal standing, which I think sets a terrible precedent for our nation’s future.” – Rep. Joe Barton

Bobby Jindal, probably…

Public authorities to concerns Michigan River Oil Spill Public to voice concerns at meeting on oil spill in southern Michigan, Michigan River – Oil Slick – Environment – Energy – Kalamazoo River

Incoming search terms for the article:

• BP oils spill legal prepaid

Dallas Litigation

dallas litigation
Is there a lawyer in the Dallas, Fort Worth area that has experience in litigation against texas attorney gen.

Tried for years to collect back child support. We were only strung along by the state attorney generals office, now the child is over 18. Looking for a lawyer to retrieve my records, review and decide if we might have a case against them. There is a paper trail. We lost out on over 50,000.00 because of their negligence.

In Texas it is very difficult to prevail in a malpractice suit against a private attorney, it is virtually impossible to sue the attorney of the opposing party, and there a very few situtations where the Attorney General’s Office (or any of its Assistant Attorneys General) can be sued, because the attorneys general are agents of the state and are generally immune to civil suits. Individually they enjoy official immunity for acts done or omission in connection with their work.

Dallas Insurance Litigation Lawyer Plano Litigation Attorney

Dallas bankruptcy attorney

An injury can change your life forever. There are not only physical repercussions – you and your family may be struggling with the financial, mental, and emotional aftershock of that single moment in time. You may try to work through the event, but without finding a resolution regarding your injury, it is impossible to make any forward progress and move on with your life. The unbearable part is that you know the accident wasn’t your fault.Dallas bankruptcy attorney But even if your personal injury was due to someone else’s negligence, it might be difficult to know how to take action. With flashes of the accident lingering in your memory, and with the physical impacts of your injury still holding you back, it is often hard to pick up the pieces, find the help you need, and seek the justice that you deserve. At Fears | Nachawati, we have the ability to help you find peace with your personal injury. Not only are we dedicated to fighting for the justice you deserve, but we have the experience, knowledge and skills to pursue your case to the fullest extent of the law and bring justice and peace to you and your family. We are dependable, formidable, reputable, knowledgeable and accountable. While your head may still be spinning from the consequences of your accident and injury due to another person’s or a company’s negligence, we have the ability to take control of the situation and steer you toward a fair and honest resolution. In your difficult time, we pride ourselves on being available, trustworthy, and effective. Serving the people of Texas with offices in Austin, Dallas, Houston, Fort Worth, and San Antonio, Fears | Nachawati will fight for your rights in automobile accidents, 18-wheeler truck accidents, and motorcycle accidents. We handle wrongful death cases as well as spinal cord and brain injuries. Accidents happen. Even if you take all available precautions, the vast majority of Americans will be involved in a car accident during their lifetime. Whether you are driving your daughter to her softball practice on I-30 when you are struck by a drunk driver or whether you are making your way home after work on I-680 when you are hit by a large truck, sometimes there is little you can do to protect you and your family from the negligence of others. In Texas alone in 2006, there were almost 7,000 large truck and bus accidents that resulted in injury. Across the country in 2006, there were over 38,000 fatal crashes. At our firm, we see past these overwhelming statistics and devote ourselves to the faces and personal stories behind each and every accident. Enduring a personal injury or the wrongful death of a loved one can overwhelm you with confusion, anger, stress, and depression, and uncertainty. At Fears | Nachawati, our job is to lift the burden of your accident off of your shoulders and act as your advocate. We want to hold those responsible for your personal injury accountable for what they’ve done. Contingency Fee Representation and Free Consultations Dallas bankruptcy attorney At Fears | Nachawati, we understand that in the aftermath of your serious injury, you may not only be struggling financially, but also extremely unsure of your family’s financial security in the future. Because of this, we take on personal injury cases on a contingency fee basis. This means that we will pay the costs of litigation because have confidence in our skills and in your case. In the end, our attorney fee will come from the recovery you attain. If we are unable to attain compensation for you, you will owe us nothing for case expenses or attorney fees. In the same vein, we offer free consultations. If you have been injured in an accident and are unsure as to whether or not you have a case, talk to us. You may call us toll-free at (866) 705-7584 begin_of_the_skype_highlighting (866) 705-7584 end_of_the_skype_highlighting or complete our contact form. You may also visit us at one of our Texas offices in Houston, Dallas, Fort Worth, San Antonio, and Austin. We also offer home and hospital visits.

Litigation Release 17692

litigation release 17692

Arbitration Litigation Mediation

arbitration litigation mediation

Academic Writing – Mediation And Consultation

In the Academic Writing about Trust Walk here we will be discussing about conflict resolution

Role of Mediation, consultation and facilitation throughout conflict resolution

Conflict resolution is a range of processes aimed at alleviating or eliminating sources of conflict. The term “conflict resolution” is sometimes used interchangeably with the term dispute resolution or alternative dispute resolution. Processes of conflict resolution generally include negotiation, mediation and diplomacy. The processes of arbitration, litigation, and formal complaint processes such as ombudsman processes, are usually described with the term dispute resolution, although some refer to them as “conflict resolution.” Processes of mediation and arbitration are often referred to as alternative dispute resolution.

Mediation, a form of alternative dispute resolution (ADR) or “appropriate dispute resolution”, aims to assist two (or more) disputants in reaching an agreement. The parties themselves determine the conditions of any settlements reached— rather than accepting something imposed by a third party. The disputes may involve (as parties) states, organizations, communities, individuals or other representatives with a vested interest in the outcome.

Mediators use appropriate techniques and/or skills to open and/or improve dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. Normally, all parties must view the mediator as impartial.

Disputants may use mediation in a variety of disputes, such as commercial, legal, diplomatic, workplace, community and family matters.

A third-party representative may contract and mediate between (say) unions and corporations. When a workers’ union goes on strike, a dispute takes place, and the corporation hires a third party to intervene in attempt to settle a contract or agreement between the union and the corporation.

Mediation is a very usual tool, adaptable to anticipate problems, grievances and difficulties between parties before the conflict may arise. This has potential applications in large and private sector organizations, particularly where they are subject to excessive change, competition and economic pressure. A key way mediation is used to prevent these conflicts is complaint handling and management. This is a conflict prevention mechanism designed to handle a complaint effectively at first contact and to minimize the possibility of it developing into a dispute. According to Charlton a person who undertakes this role is commonly known as a “dispute preventer”.

Consultation- Consultation refers to providing guidelines and finding out ways to solve a particular discrepancy. Consultation is a regulatory process by which the public’s input on matters affecting them is sought. Its main goals are in improving the efficiency, transparency[1] and public involvement in large-scale projects or laws and policies.

Facilitation- Facilitation refers to the process of designing and running a successful meeting.

Facilitation concerns itself with all the tasks needed to run a productive and impartial meeting. Facilitation serves the needs of any group who are meeting with a common purpose, whether it be making a decision, solving a problem, or simply exchanging ideas and information. It does not lead the group, nor does it try to distract or to entertain.

The roles of facilitator are as follows-

- monitors the agenda

 – keep time

 – manage the group process

 -encourage participation from all attendees

 – help participants understand different points of view

 – foster solutions that incorporate diverse points of view

 – manage participant behavior

 – create a safe environment

 – teach new thinking skills and facilitating structured thinking activities

Litigation, Mediation & Arbitration
In 2009, President Obama signed into law the Fraud Enforcement and Recovery Act (“FERA”). The FCA had a relatively narrow “reverse false claims” provision prior to FERA, but FERA expanded the potential for liability for reverse false claims. 2 It made liable a person who “knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the …

Litigation Management Jobs

litigation management jobs

Tips for an Effective Human Resource Management Action Plan

What are some tips for having an effective human resource management plan? First of all, it has to address the facts that business fortunes rise and fall periodically, employees and talent needs change and evolve, workforces age and retire in perhaps unplanned ways that do not match business needs. Also the market value of talent changes over time, sometimes becoming more valuable or less valuable.

Business focus:

Be a best business place to work, not just a best place to work. Create a human resource management strategy to live with throughout the business cycle. Test some alternative solutions assuming growth and shrinkage of the number of customers and their profitability. Reward people who have helped the organisation to succeed.

Emphasise key skills:

Mentor staff with the crucial business skills so that they grow and learn. While everyone is important, some people have skills which a business needs than do others. This means investing in the talent that is closest to the business’ core competencies – capabilities which are vital in making the business a winning one. Inform everyone what the talent priorities are and build a reward solution that fits. Invest on the area where most of business value comes from – people with expertise that add most to the business.

Communicate:

Educate employees about the rules of staffing growth and reduction early in their career. During the staffing build up over the last 5 years, companies implied that jobs were more secure than they really are. Thus, when the business tide turned, workforces recalled these implied promises and interpreted them as job guarantees. It is extremely important to have people understand the actual deal the company can provide. Be clear that staffing levels would change. However, also make employees comprehend what they can do to improve their value to make it less likely that they will be picked for lay offs and salary reductions.

Measure performance:

Build an accepted and valid way to judge performance before it is needed. It is important to have a credible and reliable performance management system in place when times are going well. In good times, it is easy to protect inadequate performers when staffing levels are high, but not when cutting is necessary. The best way to foster distrust, to say nothing about litigation, is to adopt a makeshift ranking system just before it is needed to reduce staff and try to use it to decide who goes and who remains.

Humanity counts:

Cut the workforce quickly and humanely. Spreading the pain around does not make much business sense. When there is a need to reduce staff, reduce it. Build a reputation for keeping people close to the meat of the business even when cutting is inevitable.

Get it over with:

Cut enough so that when it is over, it is really over. Do some staff planning and stick with it. Companies cannot continue to regain the trust of the workforce if they do not make the needed cuts and commence to regain business momentum. While it is very hard to predict the next possible economic fortunes of the business, the staff cutting must stop when management promises that it will.

Coworker hurt his knee, I’m refusing to pick up his slack, is it my fault if he becomes more injured?

If he becomes more injured or disabled because of my refusal to do his job and my job too, for no increase in pay, am I responsible for his injuries or extent of disablement in any way? Am I opening myself up to any kind of litigation? Or is it opening the management up to some kind of responsibility or litigation? If so, could the management say “we tried to get someone else to do his job, but that person refused, so its all that person’s fault not ours”
Yes, its a full time thing according to him. Its a situation where if I end up doing his jobs and mine….then that’s the way its going to be from now on. If this keeps up, who’s to say that his job won’t eventually turn into him sitting and watching TV for 9 hours a day while I bust my @ss for no extra pay?

You are not liable at all, if the employee was injured on the job, it is the responsibility to adhere to his doctors orders, not you……management has to provide reasonable caution if allowing this person to work injured, if injured further, it is the companies fault, not yours……..is not a court in the country that would anyone liable except for the company,,.

you are in the clear, if the company tells you to do part of his work, and the injured employee does anything he is not suppose to do, that is double jeopardy on the company, and he cant sue them, because he did not do what his doctor ordered for him to do.

either no work, or light duty, it is up to the doctor, not the company of how much work he is allowed to do, if the company allows him to do regular duties, and tells the person they have to, then they can sue the company, if the employee further injury’s them self by not following orders….they cant do a thing,.

don’t worry

Paralegal (19) yrs you are in the clear

Wisconsin can compete? Study shows state in bold must "build on economic

Marketing Litigation Practice

marketing litigation practice
Is it even possible to eliminate age discrimination in the labour market?

I think it was back in 2007 that the [UK] government made it illegal to discriminate on such grounds.

You make a very good argument. There are many ways companies get around the requirement. The very young obviously don’t have the knowledge or experience and the very old don’t have the physical strength and agility required for some jobs.

Unless it is a very small community, not all the applicants know each other and there really isn’t any way for the average person to discern the company’s reasoning behind hiring a particular person. (unless it is a family member)

Good Point!

Evans & Dixon Merges With Amelung, Willenbrock, Wulff and Pankowski

Building Quality Business Development Through Internet Marketing

Are you so busy with the daily demands of running your practice, meeting court deadlines and serving client needs that you don’t have time for business development?

Moreover, have the current, challenging times seen a dip in new business generation for your law firm? Even if your law firm has not experienced a decline in business, it must undoubtedly have heard about other businesses that are taking a hit. Partners are taking pay cuts. Mergers are on line to save companies. Small firms and sole practitioners are also experiencing declining revenues as a result of the weakening economy. It’s not surprising then that many firms are reassessing their budgets in an attempt to trim expenses. And a marketing budget is one that many will consider reducing, or even eliminating entirely.

However, one must not forget that certain practice management areas are recession-proof, or are likely to experience an increase in business in a struggling economy. Significant amounts of work are expected to be required in litigation, bankruptcy, restructuring, intellectual property, trusts, personal injury or products liability. Marketing just cannot be ignored. However, the need of the hour is to pursue activities where results can be tracked and resources redirected to efforts that yield the best return. In other words, focus must be on business development and lead generation activities that employ a different tactic and yield the same or greater results without the high price tag.

Internet marketing is one such activity. Because of the pervasive nature of the internet, you can reach a larger audience than any other form of marketing aimed at building relationships. And in doing so, you increase your potential to get new clients and referrals. According to a survey conducted by Harris Interactive, the percentage of consumers who use the internet to locate legal services has almost tripled to 27% in 2006, from 10% in 2000, and the number is still growing.

The internet platform also allows one to accurately measure enquiries and precisely see how much business has come via the internet from targeted campaigns. Moreover, in today’s strained financial times, clients referring lawyers are even more selective about the law firms and individual lawyers they choose to do business with. Trust, respect and friendly connection all play a vital role in choosing one lawyer over other. Internet marketing can help forge these connections. Blogs, social media, web-sites, etc. are all components of law firm internet marketing that work together to connect you to your target audience, and all at a low cost.

According to a recent Legalweek survey of 100 senior partners in the UK, almost half the respondents said that their firms are spending 3% to 5% of their annual turnover on marketing activities. A further 10% spend 5% or more. This means that a handful of top firms are spending more than £10 million annually on marketing across the firm.

To sum it up, practices that commit to build and maintain customer relationships by leveraging the pervasive power of law firm internet marketing will continue to grow, whilst others can merely hope to survive. Can you still do without internet marketing………

To know everything on how Internet Marketing can put your law firm in a favourable position from where you can increase your client base at a much lower cost, visit www.legalimarketing.co.uk.

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Litigation Practice Group

litigation practice group
Alvarez & Marsal Launches Dedicated Retail Industry Practice
DALLAS–(BUSINESS WIRE)–Dean Tarpley, former senior vice president of retail at Palladium Group, Inc., has joined Alvarez & Marsal as a managing director and head of the firm’s Retail Industry Practice.
More lawyers won’t take Chance on Clifford

Duplicating Efforts Can be a Good Thing. Tarlow Breed Hart & Rodgers, Launches Franchise and Distribution Group

The law firm of Tarlow, Breed, Hart & Rodgers (TBHR) announces the formation of a new Franchise and Distribution Group. The Franchise and Distribution draws on the talents of attorney’s  in several departments to represent franchise and distribution companies, prospective franchisees, multi-unit operator, area developers, lending institutions, private investors and venture capital companies contemplating franchise and distribution system investment opportunities.
 
William R. Rodgers, a founding member of TBHR, notes, “TBHR’s Franchise and Distribution Group consists of highly experienced attorneys, who understand the issues facing franchise and distribution companies. Franchise distribution and marketing of products and services in today’s economy raises a host of complex business and legal issues, combined with ever changing legal trends, make it vital that attorneys advising franchise distribution clients remain well versed both in the state of the law and the current business approaches being applied in a wide variety of industries.â€
 
Rodgers emphasized, “Franchising is NOT always the best method of growth, our team helps clients weigh all options and make prudent decision for short and long-term success.â€
 
The Franchise and Distribution Groups consists of:
 
Albert A. DeNapoli is the chairman of the firm’s Hospitality Practice Group, which offers legal assistance from leasing to franchising and licensing for a diverse clientele which includes local restaurants and lodging businesses as well as nationally known chains. DeNapoli is a member of Massachusetts Bar Association; Boston Bar Association; Neponset Valley Chamber of Commerce, 2008 Chairman, Board of Directors; Massachusetts Restaurant Association, Board of Directors, and the Massachusetts Lodging Association,
 
Michael Radin works extensively with clients in their corporate, distribution, real estate, finance and intellectual property matters. Radin is a member of American Bar Association – Business, Real Property, Intellectual Property and Franchising sections; Massachusetts Bar Association – Business, High Technology and Real Estate Committees; California Bar Association – Business, Intellectual Property and Franchise Committees; Boston Bar Association; Associated Industries of Massachusetts (AIM); Smaller Business Association of New England (SBANE)
and the New England Franchise Association (NEFA) for whom he provides a “Legislative Update†segment at each meeting.  His monthly outline can be found archived on www.nefranchise.org.
 
Katie Ahern is an associate in the firm’s Corporate Law and Business Transactions group. Ahern is a member of: Massachusetts Bar Association; Boston Bar Association
Rhode Island Bar Association – Business Organizations Committee; American Bar Association – Section of Business Law & Section of Taxation, University of Rhode Island College of Business Administration Alumni Association, and the New England Franchise Association (NEFA)
 
 
About Tarlow, Breed, Hart & Rodgers, P.C.:
 
Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.
 
Tarlow, Breed, Hart & Rodgers’ areas of expertise include corporate law, employment matters, mergers and acquisitions, litigation and dispute resolution, estate planning, taxation, real estate, bankruptcy, and municipal law.
 
To help clients make informed decisions and achieve their goals, Tarlow, Breed, Hart & Rodgers P.C. develops creative customized solutions for its clients by emphasizing careful listening and considerate evaluation. Utilizing the expertise and collegiality of the firm¹s fifty plus members, associates, and support staff has consistently resulted in the building of lasting relationships of trust and confidence.
 
The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.