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Showing posts with label contract. Show all posts
Showing posts with label contract. Show all posts

Tuesday, August 01, 2023

The Art of Negotiation - Know Your Worth | Leverage | Optionality

   

Investing In Yourself – Using Pillars to Build Your Core
Setting Budgets + Saving for Black Swans


How to Open My First Brokerage Account

Diversify your Life (Mind, Body, Soul, + Investments)

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THE ART OF NEGOTIATION

Hello and happy Tuesday. It's cliche but it's August and we all wonder where has the time gone. So I want to drop a little bit of knowledge in how I negotiate deals. As of this writing, my technology security company has signed a number of contractual deals with corporate entities in the past few years. We provide security solutions that help them better secure their organizations. The hardest part is getting your foot in the door and speaking to new clients but right after that the most difficult thing is negotiating terms of a deal. I find it very odd that this is not something that is taught in schools and is something I advocate for people that work and train with me. If you look back at my blogging history, I've been a HUGE advocate for college and even high school athletes to get paid. You could probably go back 10 or 15 years ago and see my posts on this subject. I was so surprised when I would communicate my thoughts on this subject how many people, mainly men, across different demographics argued that players should not be paid. 

I used this interaction as a case study in systemic systems and unfortunately this one includes race when it came to playing college athletes. Remember, I spoke to young, old, and men of different races and a majority of the time they stated college players don't deserve to get paid -- they often defaulted the school is paying for their education. The reason why I called this practice systemic is because even though most of these discussions resulted in the person across from me agreeing with my evidence, they found it easy to fall back to what is status quo.

When I consult for my clients, I follow a few simple mantras. You can't hit what you can't see (Visibility). You can't solve a problem you can't quantify (Measure). You can't solve a problem you if you don't take action (Solve).  My opps (as the young folks say today) didn't stop to find contextual data of the argument I was making. Here was my point:

Visibility: There was not a proliferation of data involved when my opps would fall back to their status quo position. They didn't often state that a majority of the players in college football and basketball are African American. 

Measure: They didn't measure or take into consideration the rate at which these players 'make it to the pros' or go on to play at a professional level to earn a living. According to the National Collegiate Athletic Association: 1 in 2,451 men's high school basketball players will be drafted by a National Basketball Assocation team. 

They didn't measure the dramatic increase in youth leagues, parents spending insane amounts of money for these leagues, or the impact this drive has on families. What's the cost of obsessed parents who lose track of time spent, neglect to their spouse and other kids, or even missed school.

Solve: I don't claim to have all the answers but if we want to teach families and kids true economics we can start with sports:  

1. Many kids play sports for the love of the game. So, consider youth sports a sunk cost: Set a budget and define up front what you'll spend and how much time kids should dedicate to sports. There is always a cost but start with the basics, what's wrong with kids in a neighborhood league playing each other every week just for the fun of it. The business of travel sports and super youth complexes is just that a BUSINESS.

2. I often quote Shark Tank "If after a few years, you're not making money from it -- it's just a hobby". Well said Mr. Wonderful! Sports should be a hobby until someone is profiting from you. When they begin profiting from you pay you need a piece of that pie. Nothing is more American, Capitalistic, or dare I say fair. 

3. My go to silencer of my opps was a simple comparison to other sports. I knew for a fact that youth can turn pro and be paid as professionals in Tennis, Golf, Baseball, and other sports that were traditionally dominated by white players. I found it strange that my opps discarded this fact and suddenly were allergic to sports where African American youth dominated in participation. 

If the Fab 5 (Jalen Rose, Juwan Howard, and company) could literally turn around the University of Michigan's basketball program and profit to the tune of billions of dollars, should they NOT have benefitted in those gains? Should college football not compensate a star player that packed stands for years and then suddenly suffers a tragic injury? Should college sports profit from these amateur players knowing that the percentages are miniscule that most won't make it to the professional levels? Should a player not be able to market himself, if not is he "property" and who owns him?


Let's fast forward and it's beautiful to see athletes in college getting paid via their Name, Image, and Likeness or often called NIL deals. Last time I checked these students are not property owned by someone. I passionately watch Overtime Elite (OTE) which is a league that pays high school, yes I said high school players $100K a year to play in it's league. The chance to earn from your skill is the LEVERAGE you need to take advantage in determining your WORTH. You can't just show up you must provide skills someone values. Clearly the audiences VALUE these players and a lot of money is being made. Finally, I respectfully remind the players to have OPTIONALITY. Similar to what I learned in sports applies to like -- you must be a triple threat! Because your athletic skills will diminish and you must always remember what THEY, your opps think of you. 

I close with this caption from the disheartening treatment of Jonathan Taylor, the star running back of the Indianapolis Colts. Look closely at what the owner Jim Irsay says. Take into account, that Jonathan Taylor is the BEST player on this team. If you don't have optionality in LIFE, you will be simply looked at as property and stuck to unfavorable terms you may have to accept. I have the most euphoric feeling when I negotiate terms for myself and consultants -- "At the end of the day, I can walk away from the table and say no thanks". I also strangely find is less disruptive when I accept less than favorable terms in a deal -- "I signed that deal and if I don't like it I can terminate the deal (based on the terms I agreed upon).

I don't have any beef with what Jim Irsay is saying because it's just business. But I do know my opps and my job is to use my leverage and optionality to get the best deal -- because I do know after that contract is done, life goes on. Fortunately, nowadays my skill is my mind, and I am missed by my clients who call back but that will not always be the case. Here is that quote that sparked this post:

Per James Boyd of The Athletic, Jim Irsay said: “If I die tonight and Jonathan Taylor is out of the league, no one’s gonna miss us,” “The league goes on. We know that. The National Football (League) rolls on. It doesn’t matter who comes and who goes, and it’s a privilege to be a part of it.”

#knowyourworth #leverage #optionality

Thursday, December 10, 2020

Managing Dave Chappelle's Contract | Leeds x Roc Nation | Chris Paul + Bill Ackman

 My job is to manage risks and for some of the largest organizations around the world. They run some of the most complex business activities and I often keep my head on a swivel to ensure that the impact of various risks (political, economic, social, technology, legal, and environment) are thoughtfully considered. It often leads me to believe that people often incorrectly:

a) take on too much risk
b) assume risks they were unaware of
c) calculate risk vs reward (can lead to not taking action when things are actually in your favor)

Here are the concepts I consider everyday when managing risks and negotiating deals:

1) Leverage / Strength in Numbers - I list this as my first concept I often think about when I'm doing business negotiations. It's necessary because far too often the persons on the other side of the table do NOT look like me, may not take/respond to my call or business offer, or take your meeting BUT do not take you seriously. Here is Dave Chappelle with little leverage when he was first pitching his show:

Chappelle revealed that he pitched the concept for “Chappelle’s Show” to HBO before it landed at Comedy Central in the early 2000’s. The comedian claimed that the premium cabler’s execs “kicked me out of the office,” and asked him “what do we need you for?”

2) Own Your Work / Know The Terms of the Deal - You often hear me cite this as my most important principle because everyone signs contracts/agreements in life. IF you do not know what any terms in that document mean...use my rule: stop / question / demand. Being a risk manager, I read many of my own and other people's contracts - so I stop reading, question a section, and demand a change that's more favorable to my cause. A recent example of this is I was awarded my 2nd contract in as many months. I spent over 4 hours reading the 18+ page contract and made significant changes to the language that were NOT in my best interest. If you have "Leverage" (like I shared before) it will be easier to get these changes across. And always know which terms/risks are dealbreakers --- yes some terms are not meant to be compromised. Once you hand me a contract, I trust no one. And for very complex items, I am NOT afraid or too cheap to go and get additional legal representation to further review the deal. 

Dave on his first Contract: “I was desperate, I needed a way out,” Chappelle claimed was his reasoning at the time. “It wasn’t good money and it wasn’t good circumstances, but what else am I going to do I said? All these white people sitting at that table told me trust us Dave it’s a good contract, and I looked around the table and they all seemed to agree it was a good contract. But what if it was like that game of three-card monte? What if they were all friends and I didn’t know it?”

I often focus on terms that indicate "all the ways" I might owe you money (usually I'm on the receiving end of being paid as an in demand consultant) and "all the ways" you owe me or might make money off of me. It's unclear but I think Dave may have had a resident deal - meaning he got paid as long as he worked/was an employee of the company. My question to a younger Dave is: a) Who owns the work, you or them?? b) what happens if you leave -- do you still get paid? c) What happens if your show hits syndication, re-run status, sold to another network do you get incremental / royalty / payments for your work still being used?? (Notice a simple question like this is not unheard of as the Cosby Show went into syndication if I am correct AND it would have address future situations and oddly enough new tech like streaming)

Dave on NOT being paid after leaving ViacomCBS: "They (ViacomCBS) didn't have to pay me because I signed the contract" "But is that right? I found out that these people were streaming my work and they never had to ask me or they never had to tell me. Perfectly legal 'cause I signed the contract. But is that right?"

3) Know Your Value / "ADD VALUE" to your Customers - At the beginning, negotiating deals was difficult because I would often think every deal is the most important deal and then I would be frustrated as the deals were close to being completed but NOT ultimately the terms I wanted. I had my lightbulb moment one day, when 3 companies called me about the same deal. haha the funniest or most maddening thing was the terms of the deal were very different even though all 3 companies were calling about THE SAME PROJECT. I started with the highest bidder and forced the others to match and/or come in higher -- amazingly I got the following "please allow me to escalate this to my senior level executive we don't want to lose you". Yeah that's what I thought. So from then on I set my own terms, take it or leave it. I know my value/my worth and what I offer and I'm sure it's hard to find in the industry. Please put me in contact with a decision maker. As you know, I am owner of Manchester United's stock so I was pleased to see another English Premier League club in the news and THEY had decided to partner their marketing/growth vision with Roc Nation. Leeds is tiny compared to Man U but relax and take notes, they wanna go places and teaming up with a black-owned enterprise when you participate in a sport that has many black, African and international players is simply strategic. I hope more ownership in the NFL take note as Colin Kaep is still not on the field...unacceptable. Here is the Leeds Mural celebrating their partnership:


4) Social Justice (No Longer Be Silent) - Affordable housing is becoming a bigger issue as the United States is becoming more of a renter nation. The new trend is new homes are built and being sold to investors like myself who in turn rent those immediately to renters. Not sure who can afford to rent a brand new house but I am just sharing the latest trends we talk about. Well my billionaire buddy Bill Ackman (who is worth $2.2 Billion) and Chris Paul appear to be investing through their family foundations (yeah you're rich when your family has a foundation) in affordable housing. The $357 million investments appear going to Bobby Turner the CEO of Turner Impact Capital to develop affordable housing for working families. This appears to have a social impact to it, but to be clear, I've not read the prospectus for this fund. I truly hope it targets the communities of color that are disproportionately affected by the affordable housing crisis. But again I don't judge, maybe I'll see if I can learn more about the investment fund and if I like what I see...why not invest.

Bill Ackman and Chris Paul Affordable Housing



Saturday, March 01, 2014

2014 - Themes Shaping My Investments (pt 1)

I want to capture the themes that I believe are shaping the world in 2014 and for the foreseeable future.  Game changing events shape people first, then entrepreneurs react, and finally investment dollars follow.  This is important for many people to remember in my opinion when looking back and asking why is the world changing right before my eyes and how can I participate. I've heard the phrase when life gives you lemonade...and changed it to when you and the world are buying or using a quality product think about investing in it.  I have a good friend that constantly talks to me about Whatsapp and if anyone close to me knows Apps are not my thing but I find out they were bragging about what would be a 19 Billion Dollar company I was just being introduced to.

Theme 1: E-Commerce

I write about this theme often and the verdict is in, many people prefer the comfort of buying things online. I know I do and a number of entrepreneurs have responded to become mega online retailers for everything imaginable.  Continue to think about the ways our buying patterns change on the Internet and take advantage of the companies that will capitalize on it first OR do it better. This will be a combination of new and old companies changing the way we shop. Remember last year, there was a reason why so many packages were delayed during the Christmas holiday by UPS and that theme is the comfort of buying things online.

- Amazon, Ebay (Paypal), Yahoo, Google, Walmart, Home Depot, UPS, Fedex

Theme 2: Mobile /APPS

The mobile wars are heating up. Finally, most of the world is warming up to a concept I've been using for quite a while: "No Debt/No Contract".  The mobile companies have used contracts to their advantage for quite some time and this has led many people to enter into never ending contracts that change usually on the companies terms. My philosophy is don't sign it until to read it. If you don't like what you read...call the company and see if you can change the terms...or don't sign it. I buy my phones myself and never enter into a contract. Many people have not paid attention to the fine print so AT&T, Verizon, and Sprint have dominated the US market. The public is tired of this model and now enters T-Mobile and their "no contract" and "cheaper packages".  And now the big companies like AT&T must follow suit with lower prices or lose customers.

Then enter the world of Apps...I can't explain the love affair for all things FLAPPY but Apps are the favorite hobby of the world.  I personally don't use very many apps but I can't deny their staying power. 

- Verizon, AT&T, Sprint, T-Mobile, Apple, Samsung, HTC, Nokia, Blackberry, Facebook, Whatsapp, Snapchat, Zynga, Candy Crush

...the remaining themes are to be continued

Sunday, January 10, 2010

Economic Indicators ~ (Dec '09) Monthly Job Numbers

The Labor Department's monthly jobs numbers are out and everyone on Wall Street and in the federal government have been waiting on these figures. FYI, for us regular folks in the city and in the burbs these numbers that came out this week are a summary of the previous month ...so the numbers that were announced this month are DECEMBER's unemployment numbers. The government also takes the time to go back and revise the number they've reported for the previous months. The numbers continue to paint a mixed bag with more negatives than positives at this point. I've highlighted the negatives in RED and the positives in GREEN.

December’s Unemployment Numbers are out. Here are the points based on numbers from the different surveys:

- The actual unemployment job loss number is – 85K for December. This is not what was expected because the estimated number from experts was to see a loss of roughly -10K or even a slightly positive number. So this number was worse than expected.

- The Household Survey has the number of unemployed persons at 15.3 million and the unemployment rate at 10%. Here is the breakdown among working groups (amazing when you see the actual numbers):
  • Adult men (10.2 percent),
  • Adult women (8.2 percent),
  • Teenagers (27.1 percent),
  • Whites (9.0 percent),
  • Blacks (16.2 percent),
  • Hispanics (12.9 percent),
  • Asians (8.4 percent)
- The number of long-term unemployed (longer than 27 weeks) continues to rise.

- The number of people counted in the labor force is declining. This is strange because the stock market & GDP (economy) has been increasing. This is almost a sure sign that the unemployment rate will be rising this year to likely 10.5 to 11%. The experts say this is because the labor force will increase (not decrease) as the economy gets better and when those (dropped out) people are back and looking, they will be counted and the unemployment rates will increase.
- The number of part time, marginally looking, and now discouraged workers increased.

- The areas where jobs are increasing are Healthcare and Temporary help services. Temp employment has risen by 166,000. This is a good sign as companies usually bring temp and contract jobs back first.

Here are the revisions to October and November:

October - revised from -110K down to -127K
December - revised from -11K up to +4K

I stumbled onto the actual site where the Labor Department releases its employment numbers and that site will be posted in my favorites.