The process usually starts off as a great idea to build a new system to replace X, Y, and Z systems or to integrate these systems into one seamless system to meet a real business need. Key management becomes excited about the new system, a project is formed with proper support and funding, an implementation date is set, and then work begins on a project that “has a life of its own.” Then delays begin to occur, requirements are scaled back, and costs skyrocket. After a while, the project is so large that it can’t be canceled but it doesn’t do what was originally promised.
So why do these things happen? Where did the system integration and design fail? The original idea was good, it enjoyed endless funding and support, and it had teams of smart people working their lives away on it. There are so many resources, books and articles on “what to do to have a successful system integration project,” adding another one doesn’t make sense.
Smart Business spoke with Michael Wessler, the technical manager and a consultant with Perpetual Technology Inc., about some things to avoid, common pitfalls and warning signs with system integration.
What can a business do to mitigate the risk?
Start early, analyze well, and build a system and process architecture that makes sense with no-nonsense, proven technologies. Keep the focus on the goal of the project, not sustaining the project itself. The larger and more complex a project becomes, the more difficult this is.
Did you get the most impressive, well polished group of outside business consultants to define your new system requirements or did you use the inside people who actually know the system and its characteristics? Outside opinions and new ideas are critical, but make sure it is used in the right place.
Are you on the technology bleeding edge? If you are not working at NASA, then perhaps you should ask yourself why you are bleeding edge.
Two clichs are applicable here: ‘projects can take on a life of their own’ and people/projects ‘can lose sight of the forest for the trees.’ A large, long running project can lose focus of delivering a useful end product. When it becomes more important to follow the ‘rules’ then to do the job right and the next timeline or milestone is more important than the final objective, something has gone wrong. At this point management needs to say stop and refocus everyone on what’s really important.
How can a business ensure its program and system subcomponents are all compatible?
Until the system has been subjected to a real, end to end test, you can’t say for sure you have 100 percent compatibility. You have put a system through its paces to know what issues you will face. Today as larger vendors buy smaller vendors and repackage their code at a breakneck pace, no one can honestly say for sure that package X will perfectly interface with Y.
You can help yourself by using technologies you are already familiar with or can become familiar with. Be very wary of any system or product that promises to do everything for you ‘right out of the box’ or ‘with minimal configuration changes.’ On the other hand, don’t be afraid to be use new architectures and technologies in place of antiquated software, but be sure that what you are moving toward will actually work as promised.
Why is it important for projects to have established procedures?
Well planned, documented, and followed processes and controls are absolutely essential to a systems integration project; otherwise you will have chaos. Many projects attempt to meet various configuration management milestones which are important. These are dynamic over time and need to be adjusted when it makes sense.
What is the appropriate way to test a system?
Structured testing cycles and test events are key. Develop realistic and comprehensive test plans and implement them. Make sure these are factored into the timeline of the project and are not sacrificed to meet a deadline. How often do we see analysis and testing which are the most critical stages of any project get shortchanged because of times? This can be a fatal flaw. Don’t send a project on until to the next level of testing until it is ready.
MICHAEL WESSLER is the technical manager and a consultant with Perpetual Technology Inc. Reach him at (317) 510-2451.
Get everyone to buy in.
The way you get your factory side and your office professionals to buy in to change is radically different. When you’re dealing with the factory side, it is reduced to equations and very detailed statements of facts and numbers and quantitative things where people can look at the numbers and make a decision.
When you get to the professional side of the house, you get into qualitative and, in some cases, discretionary items that are open for discussion and debate. In that case, you can’t write as precise an equation of the anticipated result.
Consequently, it’s very difficult to sit down with a set of figures and show what should happen. You have to believe in the process and you have to believe in your tools, and our experience is that professional people don’t do this. As a result, you get a wait-and-see attitude from your professionals, which flies in the face of a team approach.
You must get them to buy into the process of change, which means you must get them to participate in the creation of the process, not hand them the process. So the most basic concept of, ‘Let’s send a team out to handle this problem’ and then have that core group tell a larger group, ‘Here’s what we’re going to do’ seems logical, but it is precisely the wrong approach with a professional work force.
In our case, we take a very small core team that thinks of the task in a global basis. The core group then looks at every step in the process and divides it into a series of very small increments, then involve the professional people in each of those areas, working on various increments while the top-level team tries to tie everything together.
Some folks do two very human things when it comes to change. The first is they want to make it all about themselves. They want to take their small piece of the process and turn it into the most important piece of the process.
That, reduced to its essence, is bureaucracy. If each department does that, you have bureaucracy in an eyeblink.
What the company leaders have to do is continually evaluate the output of these departmental teams and look at it against the total objective. If those in the departments have added a process that makes no sense, we must find a way to get them to eliminate that step.
You must also face the very real possibility that there will be casualties during this process, that there will be people who simply cannot deal with this change. They might be very valuable people, but if you cannot get them to understand the need for the change and get them to sacrifice for the greater good, they will either leave the company or you will have to ask them to leave.
Once you start on this process of change, you must be committed to a successful conclusion. It can be hard and incredibly traumatic at times.
You must communicate constantly in a time of change. There has to be something that your employees see that convinces them that there is improvement happening, because they don’t always believe it.
The first element of change is chaos. Chaos, to a person who is resistant to change, is proof positive that change is a bad thing. So you have just written a prescription that seems to have no solution.
If chaos is the first and most necessary element of change, and yet a person who is resistant to change would use the chaos as an example of why the change is not good, how can you ever get past that?
It comes back to trust and communication. At the end of the day, those two tools are the things that will win or lose the battle. You must have both.
If there is mistrust, the communication is irrelevant. If the communication is not there, the trust will break down. Those two elements must be there to give you the highest probability of success in a time of change.
Know that you might lose customers.
There might very well be customers who will not make this transition with you. They may have liked it the way it was, but if you do the proper soul-searching, you have to come to the conclusion that if you are correct about the need to change the culture and the market of your company, and you have a customer that does not believe that is important, one of you is wrong.
If it’s you, obviously you’re going to take your company down the tubes. But if it’s your customer that is wrong, they won’t be around. So are you really losing a customer, or simply impacting the timing of losing them?
You have to be very pragmatic about determining where a customer is in their life cycle. If you’ve built the same component for a customer for 10 years and they build a standard product and this product is sold into a very stable industry that hasn’t changed in 10 years, I would contend that product is in the waning years of its life cycle. Projecting the next five years at the same revenue would be very foolish.
We look at where we think customers are in their life cycles, and it helps us determine if we think they’re going to be there as we move and change. We look at things in terms of a global market, and a mature product is probably not dealing with a global market.
You have to throw out a lot of the stuff that most of us were taught 20 or 30 years ago. One of the big terms was customer lifetime values, what the value of a customer will be over the lifetime you have them.
I don’t know if you can make that kind of analysis now, certainly in our business, because the market might change faster than they are able to. We might lose them for no reason within our control. They simply couldn’t adapt and survive in a changing market.
HOW TO REACH: Diversified Systems, www.divsys.com
Figuring 340 horses from the 5.7-liter, V-8 HEMI wasn’t enough, Chrysler turned the 300C over to its Street and Racing Technology unit. Its first step: boring out the cylinders to provide 6.1 liters of displacement, a 6400 rpm redline and 420 pound-feet of torque at 4800 rpm. Oh, and another 85 horses. That brings the total to a whopping 425 hp.
Even more remarkable: The 300C SRT8 has a base price just south of $40,000 and should be in showrooms this spring.
The SRT8 gets a number of exterior design changes to set it apart from the rest of the clan. Most obvious are the body-colored bumpers, door handles and mirrors, as well as special SRT badging. A more practical change comes in the form of redesigned front and rear fascia to provide air ducting for brake cooling.
Whoever said you shouldn’t mess with success didn’t work for SRT. The gang at Chrysler’s tuner division changed virtually everything about the already great V-8 HEMI that powers the 300C. From the block to the intake to the exhaust, everything gets reworked. All of these improvements get an anticipated 0-to-60 time under 5 seconds and a quarter mile in under 14 seconds, according to Chrysler. In a nice tip of the cap to the original HEMIs of the ’60s and ’70s, the engine gets an orange-painted cylinder block and black valve covers. The only transmission offered is a five-speed AutoStick providing fully automatic or manual shifting.
Suspension, Tires & Brakes
Lots of Mercedes-Benz technology went into the 300 from the outset. But all that extra power prompted some changes. The SRT team used larger anti-sway bars, Bilstein dampers and Brembo four-piston disc brakes fore and aft. The 20-inch forged aluminum wheels are shod with Goodyear F1 three-season tires. The overall ride height has been lowered as well.
For the price, the 300C already comes with a nicely appointed interior. It’s not exactly Mercedes quality, but Chrysler clearly is spending a few more bucks to upgrade interiors, something Detroit’s other two automakers could learn from. Upgrades for the SRT8 include suede seat inserts, an adjustable pedal cluster and textured leather trim on the steering wheel, shifter and door pulls. And a speedometer that reaches 180 mph.
FOR MORE INFORMATION: www.chrysler.com
When Bentley’s Continental GT debuted last year as the luxury automaker’s “entry-level” coupe, the fastest and sexiest Bentley ever was the hottest car on the market. It quickly sold out of its first-year production run, leaving such luminaries as addled rocker Ozzy Osbourne scrambling to buy one.
Even as dealers continue to talk of getting premiums on the new 2005 model, Volkswagen-owned Bentley is raising the stakes with a super-luxe treatment from its Mulliner custom coachwork division.
The new Mulliner Driving Specification package which Bentley says was driven by customer demand for a sportier look includes 20-inch, two-piece alloy sports wheels; sportier treatments inside; indented hide for the roof headlining; diamond-quilted hides for the seats, doors and rear quarter panels; and a choice of piano black or dark-stained burr walnut veneer.
The Continental GT lists at $155,990; the Mulliner treatment adds a mere $11,000. Here’s a quick look at what else you get with the Continental GT.
Based on the VW Phaeton’s steel platform, the Continental weighs in at a hefty 5,358 pounds. Atop that frame sits a Bentley body like no other: a beautifully aerodynamic two-door that is thoroughly modern though retains Bentley styling cues from decades past. One look and you know wht they say you ride in a Rolls, but you drive a Bentley. This car screams, “Drive me!”
If the exterior has you fooled, just slip inside and you will know you are in a Bentley. With the Mulliner Driving Specification, the cockpit now features drilled alloy sport pedals and a new gear level featuring a Bentley-logo knob and aluminum surround. Exquisite leather also gets the full winged logo treatment, as well as the classic Bentley diamond-quilted hides found in the Arnage T.
The 6-liter, twin-turbo W-12 produces an impessive 551 horsepower at 6,100 rpm and 479 pound-feet of torque at a mere 1,600 rpm, more than enough to compensate for the car’s heft. If you want Ferrari-like acceleration look elsewhere; but if 0 to 60 in 4.7 seconds and a top speed of 198 mph is sufficient, then the Continental will get you where you need to be on time.
FOR MORE INFORMATION: www.bentleymotors.com
There are cries of alarm as manufacturing jobs are eliminated and service jobs are sent overseas. This makes for great headlines, but it doesn't give you the whole picture.
Rising productivity is the root cause of much of the ruckus, generating higher profits, lower inflation and a strong housing market, and increasing stock prices. But productivity generates wealth before jobs.
Earlier this year, consumer net worth hit a new peak of $45 trillion -- up 75 percent since 1995. Corporate profits as a share of national income are at an all-time high, and so is the net worth of many individuals. So what's all the negativity about the economy?
According to Business Week, offshoring isn't really a problem. Unlike in most previous business cycles, productivity has continued to grow at a fast pace right through the downturn and into the recovery.
One percentage point of productivity growth can eliminate up to 1.3 million jobs a year. With productivity growing at an annual rate of 3 percent to 3.5 percent rather than the expected 2 percent to 2.5 percent, the reason for the jobs shortfall becomes clear: Companies are using information technology to cut costs -- and that means less labor is needed.
Of the 3 million jobs lost over the past three years, only 300,000 have been because of outsourcing to another country, according to Forrester Research.
As for those 3 million jobs, that number comes from a Department of Labor survey of mainly larger companies. This figure can be somewhat misleading because the department measures job loss in several ways. One survey of workers showed a job gain of more than 750,000 between January 2001 and January 2004. So it is reasonable to conclude that there may be 3 million jobs lost, but most are coming from large corporations.
Smaller and mid-sized firms are adding these employees back to the work force and driving the economy forward. It is the smaller enterprise that is the job-growth engine that hires the people Fortune 1000 firms cast off.
Don't believe the hype. The economy isn't as bad as it's made out to be. If your business isn't performing, then start looking for productivity gains before you fall hopelessly behind.
If that’s truly the case, then the arrival last year of the VW Touareg and Porsche Cayenne comprises the perfect one-two combination. To keep costs down, the companies shared development costs, engineering resources and production efficiencies. While neither automaker would call the SUVs the same, they are certainly kissing cousins.
The new vehicles are big and risky bets by both carmakers. The Cayenne moves Porsche beyond its revered status as a premier maker of two-seat sports cars into the hottest auto segment, providing the added financial safety of a broader product line. As former Porsche Cars North America CEO Fred Schwab says, the Cayenne is a “bet-the-company SUV.” Working in Porsche’s favor: 40 percent of its customer base also owns SUVs. The Touareg, along with the upcoming Phaeton sedan, marks VW’s foray into the luxury car segment under its own badge (it owns Audi, Bentley, Bugatti, Lamborghini and Rolls-Royce). Maker of the world’s top-selling car the decidedly unluxurious Golf VW wants a piece of car buyers’ seemingly insatiable appetite for luxury.
For anyone who hasn’t taken the SUV plunge, the Cayenne and Touareg offer amazing performance along a remarkably broad range of price points. An entry-level 2004 Touareg starts at about $35,000 while the heartier and recommended V8 starts at $41,000. The 2004 Cayenne S starts at $55,000 while the ’04 Turbo can easily add up to $95,000 with options. Below we take a look at the Touareg, which has made just about every Top 10 list (including being named Motor Trend’s’ 2004 SUV of the Year) and the Cayenne Turbo, which is, well, a Porsche and the fastest SUV on the planet.
Porsche Cayenne Turbo
The Turbo a $33,000 price bump from the base S model boasts a twin-turbo, 4.5-liter V8 delivering 450 hp at 6000 rpm, enough to get the Cayenne’s 5,100-plus pounds from 0 to 60 in slightly more than 5 seconds, just a step behind a nonturbo 911 Carrera. Top speed: 165 mph.
While the Cayenne may lack a Porsche’s classic looks, from the front, the family resemblance is obvious. Ride height has a range from 4.56 inches up to a maximum ground clearance of 10.75 inches and automatically lowers as the vehicle’s speed increases (1.5 inches lower at 130 mph).
The exterior may be unfamiliar, but the inside is pure Porsche. Copious amounts of leather and suede are accented by aluminum trim and the familiar Porsche instrumentation. Five people fit snugly with room behind the rear seats for a modest amount of luggage.
The entry-level model’s V6 delivers only 220 hp but is surprisingly responsive thanks to a sharp six-speed automatic transmission. Wisely stepping up to the V8 gets you the same 310 hp engine that powers the Audi A8. VW plans to offer a version with the Phaeton’s 414 hp W12 engine.
The name may be silly (say TOO-regg), but the look is refined, taking cues from the Passat. Overall size is on par with far pricier offerings from BMW, Lexus and Range Rover. Underneath, you get 11.8 inches of ground clearance and the ability to ford 22.8 inches of water for really rainy days.
Once inside, you are treated to a pleasing mix of real wood, aluminum, leather trim and sensible instrumentation. Don’t expect to haul the soccer team around: the Touareg seats only five. But it is still spacious, thanks to unibody construction, which allows for a lower floor.
“My brother got the company going and got the concept up and running but needed someone to bring it to scale,” says Leroy Robbins of TruStar, a provider of customized recruiting solutions. “What he needed was exactly what my background was. He needed someone with leadership skills, had my HR experience and also my process skills.”
When Robbins joined TruStar in 2000, annual revenue was $1.3 million. By 2004 it had grown to $4.7 million a 37.7 percent compound annual growth rate. The company is on track for its 2005 goal of $6.9 million, and Robbins is confident that there is more growth in TruStar’s future.
“We believe we can grow faster,” says Robbins, president and CEO. “There are some windows of opportunity in a couple of our markets that we want to take advantage of.”
Smart Business spoke with Robbins about the importance of a team environment and how he instills his core values in his employees.
What is the biggest obstacle that you have had to overcome as leader of a fast-growing company?
The biggest challenge is just keeping up with bringing in the talent that you need to have to be successful. Obviously, we are good at that because we work with our clients on that.
It’s also just challenging to have enough quality people as you grow. All of our growth has been internal. It’s been very measured, and we’re really beginning to pick up steam. The challenge now is to make sure that as we grow, we maintain those very strong core values that made us successful.
What are those core values?
One of the most important core values is being passionate about our clients. We ask everybody here, from myself all the way through the organization, ‘How do we operationalize being passionate about clients? What does that mean in the person’s role or my role? How does that manifest itself?’
In my situation, if I am really passionate about our clients, I need to have good relationships with most of our big clients. But everyone in our organization has to look at that and say, ‘So what does that mean for me?’
The next core value is being nimble and innovative. This recruiting space has grown so dramatically in terms of not only how people do it but what their needs are, how they change year to year and our ability to meet their needs all up and down that recruiting value chain.
Our goal is to customize. That’s one of the reasons we are able to get the business that we do.
What do you look for in employees and how do those characteristics benefit the company?
Talent is critical. We put people through a very stringent process that enables us to assess core values. Are they really resonating with our core values? Is their DNA similar to ours in terms of high integrity, being passionate about their client, being nimble and innovative, driving to succeed and wanting to grow their career? If they can resonate with those core values, then that is a good start.
We work within a team concept. If you can’t work within the team, you really can’t work at TruStar. The sum of our parts is always greater.
We have to have that synergy across people. The way we are able to do that is to make sure that people understand that during the selection process, we are evaluating them, but they need to know as much about us as they possibly can. It’s a two-way process.
Our way of thinking is that this is a covenant position. In this day and time, when people are leaving jobs left and right, we don’t want them to do that. We want them to want to stay.
I’m not nave enough to think that we are going to keep people for 20 or 30 years that just doesn’t happen anymore. But while they’re here, we want them to be fully engaged and going all out in terms of applying their talent.
You have to give them meaningful work and a good relationship with their peers. Otherwise, you can’t keep them.
How do you communicate your team vision to your employees?
We try to live it. On the leadership team, it is a part of all of our evaluations.
Also, if someone is going out of their way and going the extra mile for a client, we want to recognize that in a public way. If someone is out there and does something that is nimble and innovative in solving a problem, we make sure people see that and they know that it is important.
We will walk away from business if we feel that integrity is a questionable issue there. If we feel that we can’t do the best job for them, then we won’t take it. We want their business, but more importantly, we want our clients to be successful.
HOW TO REACH: TruStar Solutions, (888) 547-4472 or www.trustarsolutions.com
“There is nothing more appealing than the silence of a properly executed premium audit,” says Rick Kuharik, director of risk services at Westfield Insurance. “An audit devoid of surprises, disputes and revisions allows the commercial insurance mechanism to operate in a tranquil, uneventful environment.”
A silent audit requires preparation, knowledge and communication. But investing time before an audit can increase the likelihood of estimated exposures matching actual audited figures, with additional premium audits paid or credited with virtually no incident. “The key is to reduce the chances for misunderstandings, which reduces the potential for problems,” Kuharik says.
Smart Business asked Kuharik how to prevent misunderstandings in the premium audit process.
Why is it helpful to have an auditor visit the site?
The auditor is more likely to correctly classify your situation when conducting the audit at your premises. The local accountant’s office may do a great job of summarizing your financial records and advising on high-level tax strategies. But it may lack the knowledge of detailed operations and employee job responsibilities. Ideally, the accountant can meet the auditor at your premises, especially during the all-important first-year audit. The auditor will often tour your premises to get a handle on your operation. A tour with the auditor can help ensure that classifications are based on facts and not on assumptions.
Who should represent companies during premium audits?
The contact person representing your company is critical to the success of the audit. This key assignment must be based on function, not convenience. Your representative should know the business from the operations to the financials. It is even more helpful if they were involved in determining the estimated exposures. In larger, more complex risks, two or three individuals such as the bookkeeper, plant manager and the principal may be required to accurately convey the data. Misinformation is the root cause of audit revisions, breaking the silence of tranquility.
Why is it important to have certificates of insurance on file?
Maintaining current files of certificates of insurance is one of the easiest ways to avoid ‘noise’ at audit. The auditor can simply audit the filing system to validate compliance. This works especially well for large contractors who retain scores of certificates. The auditor can assist in setting up an appropriate filing system with a systematic approach for obtaining and maintaining certificates.
How can businesses ensure that payroll and sales records don’t cause noise?
When classifying a payroll risk, the one manual classification that best describes the risk, not the employee duties, is chosen. Additional classifications are assigned, based on the physical separation of the operation as well as the division of payroll. Certain standard classifications cannot have split payroll, such as clerical, outside sales, drivers and draftsmen. For eligible positions, payroll breakdowns between two or more classifications for a single employee must be validated with a breakdown in the actual payroll records. A percentage split is not allowed.
Speaking of breakdowns, another ‘noisy’ topic is the sales code breakdown. The auditor must be able to validate the division between distinct product sales through record keeping. Not having a proper breakdown automatically places all of the sales into the highest rated manual classification.
Why is it important to conduct an exit interview?
The most effective silencer of audit noise is also the simplest: a robust, frank exit interview. The exit interview should be expected and strongly encouraged.
This is a surefire way to eliminate surprises when the adjustment statement is presented. The auditor will review the description of operations, classification additions or deletions, and the actual premium basis versus the estimates. This gives the company the opportunity to validate the auditor’s assumptions and correct any misconceptions. The auditor is not at liberty to discuss detailed billing or credits due to the limited information concerning endorsements or payments made to the account.
What are final assurances for handling audits?
Premium audit success begins with a reasonable, validated estimate and ends with an accurate measurement of your actual exposures. This success is dependent upon your preparation and cooperation to make the necessary arrangements. Thinking ahead tips the scales in your favor that you will enjoy fair, accurate, cost-effective, timely and silent audits.
RICK KUHARIK is director of risk services for Westfield Insurance. Reach him at (330) 887-0401 or email@example.com. In business for more than 157 years, Westfield Insurance provides commercial and personal insurance services to customers in 17 states. Represented by leading independent insurance agencies, the product Westfield offers is peace of mind, and its promise of protection is supported by a commitment to service excellence. For more information, visit www.westfieldinsurance.com.
Employees often are asked to sign a nondisclosure agreement when they are working on a ground-breaking idea or project. This is meant to prevent a person from leaving one company and providing a second company with the first company’s ideas. There are still instances where these things happen, and they can be devastating to the future of a company.
Injunctions are a type of lawsuit used to protect both ground-breaking ideas and products. Smart Business spoke with Tony Paganelli, a partner at Sommer Barnard PC, about how to use this type of lawsuit.
How are injunctions used?
Injunctions are orders used to prevent a defendant from doing something that the plaintiff alleges will destroy or permanently harm its business before a lawsuit gets to trial. If a small computer company comes up with a new program and someone working on that project leaves the little company and leaks the idea to one of the larger leading companies in the market, the larger company will be able to use its power to introduce the product to the market first. This could in turn kill or shut down the smaller company completely.
This type of lawsuit is used when financial settlement is not good enough, because monetary value cannot be placed on the situation. It is also used when awarding money after a lawsuit is useless in saving a company.
Preliminary injunctions are used to freeze’the status quo while parties litigate their dispute. Permanent Injunctions are court orders that require a defendant to do something that it agreed in a contract to do, or prohibit a defendant from doing something such as infringing on a patent or competing with a former employer.
On what grounds can a company file an injunction?
Although the requirements vary from state to state, a party that seeks a preliminary injunction generally has to prove four things.
- The existence of irreparable harm - This means whatever the defendant is doing is so bad or harmful that an award of money at the end of the case will not remedy the situation.
- The likelihood of success at trial - A court will not give an injunction to a party who will likely lose the lawsuit in the end.
- The balance of harms favors the plaintiff - Meaning the party on the receiving end of the injunction will not be hurt more by the injunction than the plaintiff would be if the injunction is not entered.
- The public interest is favored by the injunction - The injunction sought by the plaintiff advances some public policy goal, such as the enforcement of valid contracts or the protection of patent rights, and the public will not be harmed by the injunction.
How does an injunction benefit a company?
A preliminary injunction protects a company that cannot wait until the end of a full-blown lawsuit to recover monetary damages. This occurs when the conduct by the defendants is so harmful that it will quickly kill or cripple the company. A permanent injunction protects nonmonetary rights such as noncompete agreements, patent rights or other trade secrets. It can also force a defendant to perform its contract obligations when other alternatives are not available.
Sometimes an injunction can indirectly determine the outcome of a trial in a shorter time frame. The plaintiff’s lawyer in a new or existing lawsuit files a motion asking the court to schedule an injunction hearing on a highly expedited basis. Much of the lawsuit is then compressed from 12 to 18 months into 30 to 45 days.
How can filing an injunction be a risk to a company?
A company that unsuccessfully seeks an injunction suffers a major loss of momentum in any litigation. Furthermore, the ruling on the injunction request is often a good indication of how the judge views the case, and may be preview of how the court can be expected to rule at trial. A fast-paced and intense schedule causes injunction litigation to be very expensive. The fast pace also does not allow for much time to prepare. Lawyers must devote all of their time to an injunction for it to be successful.
If a company is granted an injunction, it is required to post a bond that the defendant can collect from if, at the end of the case, it is ruled that the defendant was doing something legal and could have been making money during the period of the injunction.
TONY PAGANELLI, a partner at Sommer Barnard PC, concentrates his trial and arbitration practice in four areas: business litigation, criminal defense, real estate/construction litigation and bankruptcy/debtor-creditor litigation. Reach him at firstname.lastname@example.org.
What is the most difficult business challenge you’ve faced, and how did you overcome it?
It’s quite a challenge when (ownership) passes from father to son in a business. When my dad got ill and then passed away, there was a large transition that goes with that, particularly with a private company of great worth.
Certainly, when you go through that transition, that is a (difficult) time. I was blessed in the sense that I prepared for that. I knew that day would come and successfully made it through.
What you finally learn is that all the weight that your father had. You kind of understood, but you didn’t really understand. You look back and say, ‘So that is what he was thinking’ or ‘That’s why it was so hard for him.’
What is the most important business lesson you’ve learned?
Restraint of pen and tongue, to be able to temper yourself and really deal from a place of wisdom and not be reactive. You cannot be paralyzed from consternation and indecision.
You’ve got to be able to make a decision. Not that you rush to it, but when it comes time to make that decision, you make it. You can’t get overwhelmed and paralyzed in that state of not knowing what to do.
Irsay on a public persona:
It’s important that you’re able to maintain your poise and your grace, and you always carry yourself as a leader. It’s not always about you.
I think about, before some of the biggest games and times, how am I going to be there? If we lose this game, I need to support the coach, I need to support the players, I need to support my executives, I need to support family or children.
That’s what leadership is about. It’s being prepared for some of those moments and seizing those moments with grace.
Irsay on understanding:
In life and in business, it is so important to put yourself in someone else’s shoes and to say, ‘If I were that individual, if I were doing what they’re doing, what would it be like?’ and remove yourself from your own ego position.
Irsay on self-importance:
One of the big things that is important is to have a sense of humor. You just can’t take yourself so seriously sometimes.
That’s the problem you have to be able to laugh and laugh at yourself and take things lightly. The only thing you can control is yourself and your emotions. When you start trying to control all these things that you have no control over, it becomes pretty stressful and difficult.