Tag Archives: Control

How Do You Respond to Market Uncertainty? Five Suggestions

Situation: Many industries face uncertainty due to potential changes in reimbursement and shifts in regulation. How does this impact strategy for an early stage company or the introduction of a new product? How do you respond to market uncertainty?

Advice of the CEOs:

  • First and foremost put a premium on focus, particularly in markets dominated by large incumbents. Past practice we would have blanketed the market to maximize early market share. Current practice focuses on being much more selective in terms of where to compete and putting more effort into targeting geographies.
  • This focus is accompanied by more caution and control of spending. Only hire a new sales rep, for example, if there is assurance that there is a significant customer base in the market that the new rep will serve.
  • Similarly, be more cautious in capital equipment decisions. In parallel, if an employee leaves do not automatically replace that individual unless there is market potential in the market served by that employee.
  • In terms of price planning, where in the past it was possible to count on annual price increases, plan for the potential of prices decreasing over time to reflect new pressure on reimbursement and cost containment. As another example, if there is a pending tax change on the products produced assume that this will reduce margins where in the past the additional cost might have been passed it on to the buyer. Reduced margins will also impact new product selection and investment strategy.
  • The big change in long-range planning is that many companies are focused on slow, sustainable growth – maintaining both gross and net margins and profitability. This is a major change from several years ago when the focus was on maximizing rapid market penetration for new products. Focus on being self-sufficient financially and thus avoid having to rely upon future fund-raising rounds.

Our thanks to Ken Purfey for his contribution to this article.

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How Do You Access Key IP? 3 Steps to the Dance

Situation:  A company is moving from a specialty solution to a complete solution. They have identified a partner with intellectual property (IP) that will help them fulfill this vision. How should the CEO approach this company to access their IP? How do you access key IP?

Advice from the CEOs:

  • There are two aspects of any deal: technical feasibility that will produce both value and the emotional needs of the principals of each company. The technical aspects are the most straightforward and easiest to value. Frequently, a favorable deal hinges not on technical feasibility, but on the desires of the principals and their ability to trust one-another.
  • If you are convinced of the value, you must convince the other party that their best option is to work with you. This accomplished, you can negotiate the specifics. Sell your vision: the technologies together are much more valuable than they are alone: 1 + 1 = 5! If control of the technology is an issue, negotiate an arrangement where they are comfortable with your control. Do you and the other party have a trusted advisor in common or is there an individual who is respected by the principals of both companies? A person like this can help communicate your good intentions.
  • If your best efforts do not produce an appealing arrangement, your fallback position may be a partnership. If the partnership is backed by modest investment with options for future purchase, this can be another way for you to eventually gain control of the technology.

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Is it Better to Sell or Downsize? Four Perspectives

Situation: A company is losing money and has been approached about a merger. The CEO’s ideal outcome would be to get cash on the table, integrate with the merger partner and continue business. The other alternative – downsizing – may hurt company morale. What are the best options available? Is it better to sell or downsize?

Advice from the CEOs:

  • The realities of mergers: 70% of mergers fail, and the merger process often leaves founders with a minority stake in the company. The experience of others with partners has been disappointing – it’s better to control your own destiny. Look at all alternatives before you jump into a merger. You founded the company and have brought it this far. The company will be a different company following a merger, and not the company that you founded or have led to date.
  • The message to your potential merger partner: Be a reluctant bride. “We are making improvements to return to profitability and I’ve joined a board of CEOs who are consulting me through the process.” If the partner sweetens the offer to keep the merger on the table, make sure that you get 51% of the merged company and retain control of your own fate.
  • Downsizing: Others have found the downsizing experience wrenching, but with more positive results than they expected. A 10% cut resulted in a 30% increase in productivity. Employees once thought to be critical were not missed post-layoff. The employees generally understood more about the situation than the CEO knew, and those remaining responded positively to a restructuring that allowed them to keep their jobs. Some companies used a layoff as an opportunity to cross-train employees and increase company flexibility.
  • Smoothing the layoff process: Communicate with the employees. Let them know the truth and share enough of the situation so that they understand. Challenge employees to come up with ways to save money or make processes more efficient and cost-effective. This can have a remarkable impact. Consider a cross-the-board salary reduction as a temporary alternative to layoffs. Position this as a layoff to restructure expenses – this keeps you on the right side of employment law. Obtain assistance from a personnel consultant who can help to handle the process effectively.
  • Smoothing the layoff process: Communicate with the employees. Let them know the truth and share enough of the situation so that they understand. Challenge employees to come up with ways to save money or make processes more efficient and cost-effective. This can have a remarkable impact. Consider a cross-the-board salary reduction as a temporary alternative to layoffs. Position this as a layoff to restructure expenses – this keeps you on the right side of employment law. Obtain assistance from a personnel consultant who can help to handle the process effectively.

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How Do You Draft a Fair Partnership Agreement: Six Points

Situation: A CEO is negotiating a partnership entity. Her company will fund the entity, and the partner will earn ownership through sweat equity. How do you draft a fair partnership agreement?

Advice from the CEOs:

  • The most important factor is the ability of the two partners to create a successful venture.  Proof of ability to contribute needs to be a prerequisite to allocating ownership.
  • How does the sweat equity partner prove their capabilities? Create a schedule of milestones for the partner to earn ownership, based on mutually agreed objectives or revenue generation. The beauty of this is that you retain control until the partner has proven their value by delivering results.
  • The potential downside is long-term liability of the venture. The longer that you retain majority ownership, the longer you retain majority liability. Insure yourself against this liability.
  • Buyout clauses are important to retain your interest if the partner fails to deliver. Include a liquidation clause in case the venture fails.
  • While negotiating the agreement draw up a 6-month letter of intent. Specify what each side brings to the table and what each commits to deliver. Set clear, measurable, time-bound objectives. Negotiate fair protections desired by each party. Consider a consultant to facilitate settlement of areas of contention.
  • Theoretically, each party needs their own legal counsel. This adds expense but provides protections for each in the final agreement. Factor the cost of legal advice as well as consultant facilitation into your planning model.

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How Do You Purchase a Company as a Non-Owner President? Four Points

Situation: The President of a company has a long-standing relationship with the Chairman and Founder, who is also the principal owner of the company. The President joined the company at a time that the Chairman/Owner thought that he was terminally ill and needed an individual who could take over operations as well as leadership. Since then the owner has fully recovered and wants to retake control. The President would like to buy out the owner. How do you purchase a company as a non-owner President?
Advice from the CEOs:
• What role has the President played so far? The President has advised the Chairman on how to grow the company and is leading this growth through developing key customer relationships.
• What is the owner currently doing? The owner has fully stepped back into his prior role, and is micromanaging all aspects of the business, effectively shutting out the President.
• The best way to avoid a situation like this is to negotiate the full deal, including transition of authority and terms of transition of ownership, up front before the signing of an employment contract. Not having not done this, the President currently has no leverage.
• The best option at this point is to have a conversation with the owner and to see whether the owner is open to a transition of either power or ownership. If the owner is not interested, the President may want to consider other opportunities.

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How Do You Manage Seasonal Gaps in Project Flow? Five Options

Situation: A company experiences seasonal gaps in project flow. This makes it difficult to project both cash flow and staffing needs into the future. In addition, monthly cash flow tends to be uneven. What can they do to improve control of internal and external resources in this environment? How do you manage seasonal gaps in project flow?

Advice from the CEOs:

  • The company currently focuses 60% on consulting and 40% on internal projects, some of which produce future projects. Relative proportions shift over time, and projects can be cancelled.
  • Try to write the company’s contracts to push revenue to early stages of a project, so that there is more cash cushion to help ride out short cash periods.
  • Look for options to change the business model to increase financial flexibility.
    • If there are significant margin differentials between different types of projects this has overhead implications when resources are shifted.
    • Look for ways to allocate less expensive resources or virtual resources with a lower cost to lower margin projects. Look for opportunities to utilize remote resources if these resources cost less.
  • Adjust staff assignments to maximize payoff, as well as staff retention options. Look for project work opportunities.
  • Analyze and evaluate the ability to switch personnel between paying projects and internal development projects.

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How Do You Preserve Exit Strategy Value as a Minority Owner? Five Points

Situation: A company has been in business for 38 years. The majority owner founded the company. One of two minority owners has obtaining her share position through sweat equity. Another minority owner is on the Board but is not involved in the day-to-day operations. There are buy-sell agreements in place to preserve the interests of the three owners. In the case of an exit how do the minority owners preserve the value of their shares of the company? How do you preserve exit strategy value as a minority owner?

Advice from the CEOs:

  • Details of the current arrangement:
    • All partners are currently capped at 33% ownership.
    • The expectation is that in 10 years the two minority owners will buy out the principal owner and split ownership between themselves.
  • It is far better to negotiate potential ownership position up front – at the time of entry into a business, rather than along the way. As this apparently was not the case the minority owner has two points of leverage:
    • The minority owner has a good relationship with the principal owner, a very important factor, and the owner cares about the minority owner.
    • As the minority owner develops a track record of success, this should be leveraged in addition to the relationship to assure that the interests of the minority owners are preserved.
  • Additional key points of leverage of the minority owner asking the question:
    • The option to walk away as principal manager of the business if not happy with the situation.
    • Upside value of the company.
    • The desire of all owners to maintain their current life-styles, which are dependent on income from the business.
  • Separate management and control of the business entity from day-to-day operations. These are distinct and different areas of focus.
  • Another option to consider is the use of insurance policies to fund a buy-out of the majority owner.

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How Do You Make Hard Decisions on Employees? Four Points

Situation:  A company needs to adjust expenses to control costs. It’s largest expense item is payroll. They are evaluating three options to adjust staff costs to anticipated revenue. Alternative A – Cut everyone back to part-time. Alternative B – Cut a few employees, but keep retained employees busy. Alternative C – A balanced approach between these alternatives. From others’ experience, which is best? How do you make hard decisions on employees?

Advice from the CEOs:

  • The unanimous response from the group – for employees, Alternative B is the most positive approach. Extended cutbacks in hours has been painful for all and led to grousing. Once staff were cut it helped retained employees to focus on their work.
  • When it comes to vendors, use Alternative A – don’t pay everything that you want to pay, but pay what can be paid consistently and predictably. It is critical as this is done to make sure that promises are kept.
  • When it has been necessary to make cuts – how has employee morale been maintained?
    • In the short term, those who remained have been happy to have a job. Longer term, companies have had to do more than this.
    • One option is to set quarterly revenue and expense targets. When gross or net margin targets have been exceeded, companies committed to share some of the excess with employees.
  • Before making any decisions, have a meeting with employees and openly ask them what they’d like to see that will help to build company culture and enthusiasm.

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How Do You Increase a Team’s “Voltage”? Three Suggestions

Situation: A CEO is concerned that his team feels like it has lost energy. This could be temporary or seasonal, but he feels that something needs to be done to increase the excitement or “voltage” of the team and workplace. What have others done in a similar situation. How do you increase a team’s “voltage”?

Advice from the CEOs:

  • Anoint a “Champion of Fun.”
    • The objective is to recreate the excitement and joy that has been present in the company in the past. The individual assigned should be someone who has frequently or consistently demonstrated high energy and enthusiasm.
    • The person should be an employee – not management.
    • This could be two people who focus on different things – one for small, day to day activities, and one for big events, like a Habitat for Humanity Day.
  • Create a sense that employees have some control over their environment. This adds energy.
    • Circulate an Office Depot catalogue and give each employee a modest budget that they can spend to dress up their work space.
    • This has an amazing impact on the pride that they feel in their work space.
  • Bring in lunch as a surprise a couple of times a month. This is for getting reacquainted, not for business discussions during lunch.
    • The objective is to build the team camaraderie, and to enhance communication and collaboration among the team.

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How Do You Train Others to Fill Your Shoes? Four Points

Situation: A CEO of a small but rapidly growing company needs to transfer her knowledge and experience to current employees and new hires. This includes project management, IT management and engineering. To support the company’s growth, she needs to focus on business development and closing sales to important clients. How do you train others to fill your shoes?

Advice of the CEOs:

  • Quash any skepticism associated with the release of control of areas that were previously overseen to grow the company to its current state.
    • Selected individuals with the capacity oversee these operations. As the working relationship develops trust will replace any existing skepticism about these individuals’ ability to take on these roles.
  • Focus on your strengths, not your weaknesses. Focus on team management.
    • Hire sales people who will be tolerant of the odds and ends of prospective client behavior. Focus on effectively managing the sales team.
    • Train them to bring the CEO into key points in the sales process where that input can assist – after they have completed initial client development and know that a potential client relationship exists.
  • From time to time, it will be necessary to refocus the efforts of others. What can be done to facilitate this?
    • Ask questions. Try to refocus the conversation.
    • Seek clarification of what is said – “Let me summarize what I heard” – then refocus the conversation.
    • Adjust perspective. When an individual starts to ramble, they may divulge important information without considering the implications. Make mental or written notes and look for opportunities. Their talking can become a gold mine of information.
    • Use the conversation to make a personal connection. People love others who will listen patiently to them and infer trust and connection from this.
  • As CEO, the job is to help others succeed. The result is the success of the whole enterprise.
    • Remember that there are different levels of sophistication. Adjust the mindset and exercise tolerance over these differences.
    • Focus on passions and strengths. Get others to assist in areas which are not your strengths, but which may be strengths for them.

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