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Anthony Cerminaro

Author Profile

Anthony Cerminaro

Biography

Anthony Cerminaro is a business, transactions, and technology attorney with a unique blend of in-house and law firm experience, having spent the first nine years of his career in the law department of PPG Industries, Inc.

ARTICLES BY Anthony Cerminaro

How to Create Win Win Business Deals

Negotiating business deals has little to do with bargaining, compromise and competition. Effective negotiaion is not a mental and verbal sparring session, where the side with the sharpest mind, toughest resolve and most aggressive tactics emerges as the victor. Taking such an approach invariably leads to win-lose or, worse, lose-lose outcomes. Effective deal makers approach negotiations as a mutual problem-solving process. The foregoing are just a few of the gems gleaned from this TEC® Best Practices article on creating win-win business deals. The authors conclude that to create win-win outcomes, both sides to a negotiation must:: "Strive to understand the

KISStrategic Planning

"Most people don´t have visions, they have dreams. The one-page planning document guides you to answer 7 simple questions around your dream — Who, What, When, Where, How, Why and the always difficult "but Should we or Shouldn´t we?" You´ll see these anchor questions at the top of each column of the one-page planning document and bolded below to provide you a verbal and visual clue to match the "how to" sections with the appropriate columns on the form. TWO OVERARCHING IDEAS — Alignment and Simplicity. The one-page planning document is designed to encourage simplicity (there´s not a lot of

How to Fire an Employee

"The decision to terminate an individual´s employment carries with it the risk of a possible legal challenge. Depending upon an employer´s policies or whether an employee has an employment contract, an employee may, for example, have a breach of contract or "wrongful discharge" claim. An "at-will" employer - that is, an employer who reserves the right to terminate employees without cause - generally does not need to worry about such claims. Like all other employers, however, an at-will employer still must be concerned about many other possible claims [such as]...discrimination, making false, disparaging comments about them to coworkers or other parties;

Be Who You Are

"Being who you are is the most natural thing there is. To suppress it, whether through fear, pressure or lack of confidence always leads to trouble. That's why millions lead lives of frustration and desperation. They denied who they are in the hope that the powers that be would reward them. Their reward was mediocrity, depression and a nagging sense that life like that is scarcely worth living. Take up the challenge. Be whatever nature designed you to be. Never mind whether you face disapproval from those who lack the courage to follow the same route... Yes, there may be a cost.

"Whether You Think You Can or Can't, You're Right"--Henry Ford

"The Wall Street Journal recently published an article about the significance of our beliefs and the mental models, or mindsets that shape our behavior. According to the psychologists interviewed for the piece, we act and perform in accordance with the beliefs these models tell us is true... For example, if you think something is not possible or out of your reach, you're probably not going to commit much energy and resources to accomplishing that goal...Old habits die slowly because they are driven by an outdated mindset... In order to replace old habits though a change in your mindset, there are three

The Strategic Business Lawyer

Jill Schachner Chanen, in an excellent article in the July 2005 of the ABA Journal, states that clients are sick of "profit-minded, specialty-touting multinational megalaw firms. Given the high salaries firms pay lawyers, clients can no longer hire advisers who have nothing to offer besides basic legal training." Enter, the "strategic business lawyer" who: Makes Deals Go, rather than simply Saying No; Is Integrated, not Isolated;. Offers practical advice, not "ivory tower" observations; Is a Deal Saver, not a Deal Killer; Engages in Strategic Questioning, Not Naysaying; Understands Risk, and is not frightened by it; Earns trust, rather than demanding respect; Devises creative solutions, rather than acting like

Contract Negotiations Can Strengthen Business Relationships

"The process of negotiating a contract can help the parties get to know each other better, clarify their objectives and expectations, and thereby strengthen their relationship. Although some argue that contracting can signal distrust and encourage opportunistic behavior, researchers have found that 'clearly articulated contractual terms, remedies, and processes of dispute resolution' can complement trust-building behavior, such as flexibility, bilateralism, and repeated exchanges.' If negotiated and structured properly, formal contracts can illuminate common objectives and avert potential disputes. They are not necessarily a sign of mistrust. As one lawyer put it, 'I am sick of being told, 'we can trust old

Planning for an M&A Exit

"There are lots of things that a company can do over its life that will make a successful M&A exit easier to achieve. With careful planning and an attention to detail, start-ups can avoid at lot of the pitfalls that usually come back to haunt them only when they are on the cusp of closing what they thought would be a relatively painless deal." Read this post from Burnham's Beat for a list of ten commandments for startups planning or considering an merger or acquisition as an exit strategy. See also this post from Software Only that comments on

100 Ways to Improve Your Business

This excellent and comprehensive list of tips from Entrepreneur.com serves as a checklist with explanation for achieving your business (and life) goals. For example, consider the following excerpts: "96. Revisiting Your Goals The value of a goal lies in the way it provides you with a relatively steady, unwinking light toward which to steer in the fog of everyday business life. But that doesn't mean a goal should be as immovable as a lighthouse. You should periodically take a fresh look at your goals to see if they need to be changed or, perhaps, dumped. Changes in your personal situation, such

Tutorial for Inventors on Creating a Marketing Plan

Even if you are not able to market your own invention, writing a marketing plan will help you to sell or license your invention to manufacturers, retailers, and other interested parties. You will be able to intelligently discuss the market for your invention with potential buyers. This tutorial on how to write a marketing plan [from About.com] will provide you with the following marketing know-how: Understand The Purpose Of A Marketing Plan Identify strategies for conducting market research Identify advantages of market research Understand What The Marketing Plan Contains Target market Competition Product Marketing budget Location Pricing strategy Promotional strategy List