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By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant When it comes to commercial contracts during this time of economic crisis spurred by the global pandemic, the conversations usually revolve around whether to perform (or continue to perform) under the terms of the contract. Legal terms such as force majeure, doctrine of impossibility, and frustration of purpose – which provide defenses to non-performance – have been thrown around a great deal as businesses comes…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant Disruptive Events and Business Growth Strategy Disruptive events, such as the current Covid-19 global pandemic, cause a great deal of uncertainty for businesses who have to think about their next steps when their growth strategy has been disrupted. Thinking strategically during a disruption is critical to determine the next steps for a business’ direction amidst the event. Scenario planning is a business growth strategy tool…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant In this time of intense stress and certainty, the idea of thinking strategically about your business might seem like the least important thing to do. This is especially true when making sure that you have a business when the pandemic ends is keeping you up at time (all with all the other stresses of this pandemic). However, rethinking your strategy, or even developing a new…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant What effect do non-competes have on market competition? Are non-competes a restraint on trade by restricting employee mobility? Or are they a tool that prevent unfair competition by protecting a business’ trade secrets, or other confidential information that provides a competitive advantage for the business within a market segment or industry? On January 9th, 2020, the Federal Trade Commission (FTC)  hosted a public workshop to…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant In a recently published article by Bloomberg news, it is becoming clear that Airbnb is spending as much time in court as they are working on going public in 2020.  It is no surprise that in addition to building their IPO strategy, Airbnb is building its legal strategy.  As one of the most litigious startups, Airbnb has been spending a great deal of time…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant This week, The Federal Trade Commission (FTC) issued a special order requiring Alphabet, Inc., (including Google), Amazon.com, Inc., Apple Inc., Facebook, Inc., and Microsoft Corp to provide information on acquisitions made between January 1, 2010 and December 31, 2019 that were not reported to the FTC and antitrust agencies under the HSR Act because they fell under the reporting threshold. The five big tech companies…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant What are the legal aspects of Porter’s Five Forces Analysis in a company’s business strategy? Or a question you might be asking is: Are there legal aspects in Porter’s Five Forces Analysis of a company’s strategy? The answer to the latter is yes, there are legal aspects in Porter’s Five Forces Analysis. In fact the basis of each of the five forces that form the…
By Janelle M. Lewis, Attorney, Business & Legal Strategic Consultant It’s a new year and a new decade. With all things associated with the new year, the most prominent is: “out with the old and in with the new.” Throwing out old clothes, books, furniture, and ideas, while making room for the new. While on a personal level, there are many traditions and rituals used to enter in the new year, what about on the…