Archive for alans.gutterman SmartBlogs

In my last post, I discussed some of the ways that companies contemplating an initial public offering or a possible acquisition by a larger firm (so-called “pre-IPO/pre-acquisition companies”) can use strong corporate governance practices, particularly readiness to comply with the Sarbanes-Oxley Act of 2002, as a means of demonstrating additional value to potential investors or acquisition suitors.[…] Continue Reading »

The primary focus of the well-publicized and sweeping corporate governance reforms adopted over the last decade, such as the Sarbanes-Oxley Act of 2002 (“SOX”) has been public companies, but elective compliance with certain provisions of SOX by privately held companies can provide significant advantages.

In fact, many private companies are discovering that they can actually enhance the value of their businesses and improve operational procedures through changes in areas such as internal controls, board composition (e.g., independent directors), audit committees, and development and implementation of codes of business conduct and ethics.[…] Continue Reading »

This is the second post on implementing a joint venture. View part one: “Checklist: The first 90 days after a joint venture announcement.”

The project director on a new joint venture needs to be prepared to engage in extensive face-to-face dialogue with executives, managers and other personnel from both parties. Once agreement or consensus is achieved, the results should be immediately documented and commitments confirmed so that there is no confusion at a later date.[…] Continue Reading »

I recently wrote an article (login required) for Business Law Currents, a Thompson Reuters publication, that laid out the top dozen issues parties to a prospective joint venture need to consider before investing the time and resources necessary to achieve the expected benefits of collaboration.

The discussions surrounding each of those issues are important in establishing the overall goals and objectives of the JV and the framework for implementation.[…] Continue Reading »

Leading early organizational theorists such as Max Weber, Frederick Winslow Taylor and Henri Fayol all argued, to some degree, that organizations can and should be structured in accordance with certain universal rules and principles. The result of all this was “bureaucracy” and “scientific management” that treated organizations as machines to be run in a mechanistic fashion relying on specialization of tasks, formal procedures and rules and centralized authority.[…] Continue Reading »