Savvy managers no longer look at contracts and the law reactively but use them proactively to reduce their costs, minimize their risks, secure key talent, collaborate to innovate, protect intellectual property, and create value for their customers that is superior to that offered by competitors. To achieve competitive advantage in this way managers need a plan. Proactive Law for Managers provides this plan; The Manager's Legal PlanTM. George Siedel and Helena Haapio first discuss the traditional, reactive approach used by many managers when confronted with the law, then contrast it with a proactive approach that enables the law and managers' legal capabilities to be used to prevent problems, promote successful business, and achieve competitive advantage. Proactive Law for Managers shows how to use contracts and the law to create new value and innovate in often neglected areas - and implement ideas in a profitable manner.
Savvy managers no longer look at contracts and the law reactively but use them proactively to reduce their costs, minimize their risks, secure key talent, collaborate to innovate, protect intellectual property, and create value for their customers that is superior to that offered by competitors. To achieve competitive advantage in this way managers need a plan. Proactive Law for Managers provides this plan; The Manager's Legal PlanTM. George Siedel and Helena Haapio first discuss the traditional, reactive approach used by many managers when confronted with the law, then contrast it with a proactive approach that enables the law and managers' legal capabilities to be used to prevent problems, promote successful business, and achieve competitive advantage. Proactive Law for Managers shows how to use contracts and the law to create new value and innovate in often neglected areas - and implement ideas in a profitable manner.
In recent years, legal scholars in the United States and Europe have explored aspects of legal strategy relating to competitive advantage and the role of law as a positive force within companies. In the United States, the focus has been on law as a source of competitive advantage, while in Europe an approach known as Proactive Law has emerged. This article represents the first attempt to trace the history of these parallel developments and to merge their common themes. In applying concepts from these movements to the contracting process, the article demonstrates their potential to fundamentally change the way management perceives and uses the law. The contracting example also illustrates the opportunities that contracts and the law offer to create new value and innovate in areas often neglected by managers. Part I of the article provides a holistic overview of research by U.S. legal scholars that ranges from an examination of theoretical links between law and competitive advantage to a specific action plan that encourages firms to make better use of their legal resources. Part II examines the Proactive Law Movement and the recognition that it has received in the public policy arena. Part III provides an analysis of the intersection between these developments in the U.S. and Europe, using contract law and the contracting process for illustrative purposes. The article concludes in Part IV by emphasizing how concepts relating to the use of law as a source of competitive advantage can lead to economic success in a manner that also promotes high ethical standards.
This book assembles articles on what could be called an alternative way of legal thinking, known in Scandinavia as the proactive approach to law. Besides a general overview of proactive law, the contributions in this book include topics such as legal risk management, strategic contracting, pre-contractual negotiation, collaborative contracts, iterative contracts, and selective distribution. One of the central concerns in proactive law is to include legal considerations in the managerial process by bringing in business-oriented legal advice, and, generally speaking, engage in cross-professional and interdisciplinary collaboration.
Any employee can sue any employer at any time, and for just about any reason. There is no such thing as a bulletproof personnel decision. It’s no wonder businesses fear lawsuits from employees—they are costly in terms of time, money, and distraction. But fear not. The Employer Bill of Rights: A Manager’s Guide to Workplace Law is a practical handbook designed to help managers and business owners navigate the ever-changing maze of labor and employment laws, rules, and regulations. Following its practical guidelines will help you deter most lawsuits and place you in the best possible position to defend those that ultimately are filed. Your expert guide, employment attorney Jonathan T. Hyman, shows you how to assert your rights to protect your investment in people, operations, facilities, and other assets—all with any eye to maintaining a more productive, harmonious, and profitable workplace. In addition, The Employer Bill of Rights: Explains in practical and plain language the key legal issues that managers face on a daily basis in managing their employees. Describes how to make personnel decisions that will help you avoid costly litigation. Explains the who, what, why, when, where, and how of each of the major federal employment discrimination acts. Tackles cutting-edge human resources issues such as wage-and-hour disputes and managing social media in the workplace. Shows how to hire and fire employee without the fear of an expensive discrimination lawsuit. Describes how to control your operations by implementing legal policies and procedures related to plant shut downs, employee scheduling, work rules, and the maintenance of confidential, critical information. Proposes recordkeeping practices designed to support your decisions. Shows why you should follow the Golden Rule in all personnel matters with your employees. No personnel decision or policy is litigation-proof, but The Employer Bill of Rights: A Manager’s Guide to Workplace Law will help you make informed decisions to hedge against and avoid the biggest blunders and errors that too often result in expensive and time-consuming lawsuits.
Savvy managers no longer look at contracting processes and documents reactively but use them proactively to reach their business goals and minimize their risks. To succeed, these managers need a framework and A Short Guide to Contract Risk provides this. The foundation of identifying and managing contract risk is what the authors call Contract Literacy: a set of skills relevant for all who deal with contracts in their everyday business environment, ranging from general managers and CEOs to sales, procurement and project professionals and risk managers. Contracts play a major role in business success. Contracts govern companies' deals and relationships with their suppliers and customers. They impact future rights, cash flows, costs, earnings, and risks. A company's contract portfolio may be subject to greater losses than anyone realizes. Still the greatest risk in business is not taking any risks. Equipped with the concepts described in this book, business and risk managers can start to see contracts differently and to use them to find and achieve the right balance for business success and problem prevention. What makes this short guide from the authors of the acclaimed Proactive Law for Managers especially valuable, if not unique, is its down-to-earth managerial/legal approach. Using lean contracting, visualization and the tools introduced in this book, managers and lawyers can achieve legally sound contracts that function as managerial tools for well thought-out, realistic risk allocation in business deals and relationships.
Companies must either properly manage the complex world of legal and corporate risk or suffer the consequences. Author Bryan E. Hopkins, the former general counsel of Samsung Electronics America, identifies the numerous areas of legal and corporate risk that managers and their company counsel face daily. More importantly, he provides concrete examples that demonstrate how to minimize or mitigate legal and corporate risk. He provides case studies, practical information, and insights to help you conduct an initial legal risk assessment; establish a compliance program; retain records that minimize risk; transfer risk;and navigate the discovery process. Legal counsel must take an active effort in developing strategies, systems, and processes that minimize the legal risks faced by the company on a daily basis. Managers must also be involved to ensure the company develops a successful legal risk management program. Many companies don't think about risk management until they're confronted with class-action lawsuits, product liability claims, government investigations, shareholder actions, and fines. Take a proactive approach to protecting your company with Legal Risk Management for In-House Counsel and Managers."
