Tag Archives: Event

Should You View a Competitor’s Illegally Published Code on the Internet? Four Points

Situation: A CEO recently learned that the proprietary code for both his company’s and his principal competitor’s products have been published on an international web site. He is conflicted about whether he should look at his competitor’s code, knowing that this would potentially be illegal in the US. Lawyers have offered conflicting and vague advice. Should you view a competitor’s illegally published code on the Internet?

Advice from the CEOs:

  • Consider the status of IP protection outside the United States.
    • In some countries there do not appear to be clear legal guidelines. One of these countries is likely where this situation originated. The country in question either lacks rules governing IP or the ability to enforce rules that exist.
    • The frustrating thing is that the playing field is not level between US and non-US companies. US companies are held to a high ethical standard by US law, whereas competitors in other countries that are not held to the same standard are free to review the illegal source code and learn from it as they can.
  • How complicated and expensive would it be to change the code? If this is feasible and not prohibitively expensive this may be the best option. Updated code can be provided to users through a software update.
  • Any company has to assess their own ethics as they craft a response to this situation. Make sure that the solution is consistent with the company’s ethical standards.
  • Could this have been an act of economic terrorism and/or theft?
    • If so, it is possible that the U.S. Justice Department could step in if one can make a case for national or economic security (unfair trade) based on violation of software copyright laws.
    • An action like this would, at a minimum, discourage similar future events. It could also help reduce the likelihood that competitors would try to profit from this situation at the company’s expense.

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How Do You Increase Employee Engagement? Six Suggestions

Situation: A  CEO wants to increase employee engagement throughout her family-owned company.  Performance is frequently poor, employees sometimes treat each other badly, and employees rarely put out the extra effort that could make a difference. What have others done to turn around a poor company culture? How do you increase employee engagement?

Advice from the CEOs:

  • To add some energy, for example to the accounting department, bring in AccountTemps for 3 months to bring everything up to date. This will help to establish a new level of expectation within the company. AccountTemps can also produce templates that will make it easier to stay up to date in the future. This will send a message to employees that the company is willing to invest to create new standards.
  • For those who are managing underperforming areas, link their pay to performance.
  • Leverage promising young employees by giving them more responsibility in their departments. This may facilitate a shift of resources to areas of the business needing attention.
  • Have employees make customer phone calls – to current and former customers – with instructions to listen to what the customers have to say about the company’s product and services.
    • Collect and use this information to foster a customer-oriented mindset.
    • Encourage employees to take pride in the final value delivered (or not delivered) to the customer.
  • Consider a second “Founding of the Company.” An event that will wake everyone up and reinforce both the value that they represent for the company and the company represents for them.
  • To increase cohesion within the company, create an event to bring everyone together, and help them to see and value what employees share rather than what makes them different.
    • Ask employees to put up photos of themselves at age 4-6. Ask those with children to add pictures of their kids as well. Conduct a contest is to match the photo to the employee.
    • Use special events to build a team focus at work. Examples are a company picnic with a 3-legged race or a movie and pizza at 6:00pm.

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How Do You Improve Communications and Quality? Five Points

Situation: A company has a good team to support its projects. They work together well and demonstrate good work habits. However, communication between team members, and between certain team members and management is challenging, particularly when performance issues are involved. How do you improve communications and quality?

Advice from the CEOs:

  • What has been tried?
    • Once a month, The CEO plans an outside event for the team, for example a long dinner in a nice location.
    • During the latest event, the team members started opening up to one-another and to the CEO. They were much more open than they are at work.
  • Are the concerns about communication within teams, between teams, or between teams and management?
    • Several team members are relatively new. A few others are long-term and often fail to perform to standards. This group frequently has issues and it takes their foreman’s time to address these. This frustrates the foreman.
  • How should the CEO deal with this situation?
    • The foreman is a long-term employee who reports directly to the CEO. It is the responsibility of the CEO to develop a solution that serves the interests of the company.
    • For example: the company lives and breathes on customer satisfaction. Any worker with a pattern of substandard work negatively impacts both the image and value of the company.
    • Further, distracting the foreman from his primary responsibilities impacts his ability to complete other work demands.
  • Try the following solution:
    • Explain the problem and the negative impact that this has on the company.
    • Establish a policy that workers are responsible for assuring that work meets standards before completing a job.
    • Establish a list of specific standards for work and checklists to assure that the work is complete and meets standards.
    • Establish and publish a policy that if a Foreman or supervisor finds work performed below standard this will result in a warning to the worker. Continued performance of substandard work becomes grounds for termination. Misrepresentation of work quality is grounds for immediate termination.
    • Ask key managers, supervisors and foremen for input on the policy.
    • Once the policy is finalized, post it, provide all employees with a copy of the policy, and make sure that it is openly communicated to them both verbally and in writing.
  • If any worker currently presenting problems persists in this behavior, the company will have established a policy and procedure for disciplinary action and, if necessary, termination.

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How Do You Communicate a Company Sale? Six Guidelines

Situation: A closely-held, non-public company is in negotiation for a possible sale. The CEO seeks guidance on when and how to communicate this to employees. What event would demand communication? The CEO is concerned that if the sale falls through this may significantly damage employee morale. How do you communicate a company sale?

Advice from the CEOs:

  • The trigger point for any employee communication will be due diligence. At this point, you may have a serious buyer.
    • Going into due diligence, limit updates to those who will be involved in the process.
    • Most acquisitions do not go through, so a broader communication risks disrupting the company – unless you are very confident that the sale will proceed.
    • Prior to due diligence, there is no benefit to communicating any possible sale to employees.
  • What message do you deliver to those who will be involved in due diligence?
    • We are entering a due diligence. This is an exercise that we’re doing for our own education so that we understand the value of the company. This is just a drill.
  • Keep your eye on the business and don’t be distracted by the offer.
  • Have a good idea of an acceptable sale price.
    • For a company with intellectual property or significant assets, three to five times EBITDA is a good starting point – unless the sale is a strategic buy to the buyer.
  • A possible deal is often spoiled by terms and conditions that the buyer attaches to the deal.
  • One buyer (at any one time) is the same as no buyer. When owners get serious about selling the company they will need a broker to develop multiple buyers, to advise them through the sale process and to defend their interests.

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How Do You Boost Shareholder Value and Liquidity? Five Ideas

Situation:  A company wants to create a liquidity event every 3-5 years. The objective is to increase shareholder value and also create opportunity for employees. How do you boost shareholder value and liquidity?

Advice from the CEOs:

  • What are the important considerations in evaluating different options?
    • Seek partners or investors with whom you have synergy and who will improve business prospects. There must be more than just their ability to provide cash.
    • What is the role of key management and employees post deal? For how long?
    • Are there timing aspects that help to maximize your own valuation? For example, if your business is cyclical, is there a time of the year when the financial picture is optimal?
    • As you evaluate alternative deals, evaluate the M&A fees around each option. Could these funds be used differently with greater impact on liquidity?
  • Technology spinoffs can increase liquidity while keeping the core company whole. Jack Stack describes this process in The Great Game of Business. This is also simpler and cleaner than many collaboration options.
  • Considering collaborating with or purchasing a complimentary company with an office in a desirable geography.
    • If an opportunity appears synergistic, dig to find the depth and value of the synergies.
    • Consider timing options. Are there prerequisites which will increase probability of success?
  • Roll-ups are doable but risky. It is hard to find examples that work. Challenges often come from of cultural issues and lack of compatibility.
  • Look at the experience of similar companies as benchmarks for what you might anticipate from various options.

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