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Here’s What’s Happening to Strained Business Partners During the Pandemic

business partners

Here’s What’s Happening to Strained Business Partners During the Pandemic

A business partnership isn’t all business. When two people start a company together, they often were friends already, and they see that bond strengthened by the hard work they put into building it up.

So when things go south, it can be traumatizing.

In fact, the emotional stages of the breakup of a business — what people in my line of work sometimes call a business divorce — are strikingly similar to that of a marital divorce.

Just as Covid-19 has put a financial and emotional strain on marriages, it has also strained business partners struggling to work through the pandemic. In some cases, the pandemic is also making pre-existing issues harder to avoid.

Many business owners say that they knew they had issues in their business partnership arrangement before Covid-19 and their problems only worsened in the current climate.

A business divorce is by far the most traumatic event that a business owner will experience. The foundation of a business partnership is usually a familial relationship or a very good friendship. Just as employers tend to hire people they’d like themselves, people tend to go into business with people they have strong relationships and connections with.

Business divorces typically evoke the same feelings of stress, resentment, doubt, blame, betrayal, guilt, fear, and other emotionally fueled reactions seen in a typical divorce.

In fact, they go through somewhat predictable stages of grief.

1. Disillusionment and Denial

Denial is when a business partner knows there is a problem but has trouble acknowledging the gravity of the situation and the possibility that there may not be an amicable resolution. When this is present a business partner may have stored resentments, feelings of a breach of trust, and overall discontentment towards the other person.

This usually manifests itself as a feeling that the other partner is not pulling their weight and doing their part to help the business thrive.

There are a number of decisions that will need to be made about how the business will continue to operate, if at all, after a partnership separation and denial allows a business partner to distance themselves from the likely reality that the business structure and the partner’s responsibility will undergo significant change if the business is separated.

2. Letting Go

In this stage, a business partner realizes that there is nothing that can be done to salvage the business relationship and that separation is inevitable. This is usually followed by a strong desire to review as much information as possible to understand the current state of the business and the options available to value and separate the partnership interests.

3. Deciding to Divorce

In this phase, the partners discuss their discontentment and float ideas about how to separate their interests. If one partner strongly feels that they were blindsided or betrayed, this will set the tone for how the business separation will proceed and the process of exchanging information and completing the steps to finalize the separation will no doubt be contentious.

4. Acting on the Decision

In this phase, the partners learn how much the business is worth and decide what they want in the separation. Do they want to stay in and operate the business, do they want to sell their interest and go work for another company or change fields completely, or do all partners want to sell to a third-party?

All of the foregoing options will be largely dependent on a valuation of the business and may require a partner to start the process of obtaining a loan or financing to buy out the other partner and continue to operate.

Filling out loan applications and hiring accountants and/or lawyers, to value the business and draw up a separation agreement, coupled with publicly announcing the separation, all make the emotional and physical act of separating a business very real and can cause emotional flareups.

5. Acceptance and New Beginnings

Adjusting to a new normal, whether that is continuing to run a business without the partner who was there from the beginning, or starting anew with a job at another company, requires acceptance.

The changes force partners to create a new identity and make new plans for the future, inevitably forcing them to regain a sense of power and control in addition to reconciling feelings of animosity, blame, anger, and forgiveness.

Although the old saying has it that some things are “just business,” it’s never that simple. A business divorce can evoke the same — if not more — emotional turmoil on everyone involved.

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D. Margeaux Thomas, founder of the Thomas Law Office, has been assisting small business owners with resolving contract and partnership disputes for nearly 15 years. The Thomas Law Office based in Fairfax, Virginia assists clients throughout the greater Washington, D.C. area with breach of contract claims, non-compete issues, and business torts. Attorneys at the Thomas Law Office also help companies through all aspects of business partnership divorce, including records inspection requests, valuation, buyouts, and dissolution. To learn more, visit: https://thomaslawplc.com

travel

The Role of a COVID-19 Vaccine in the Travel Industry

Hope got rekindled in the heart of individuals, organizations, and nations following the news of producing a potent vaccine that could help end the COVID-19 menace. There has been a recorded increase in the travel industry’s activities with the renewed energy in people to resume travels.

Nations that earn primarily from the participation of foreigners in business, investment, tourism, and so on are hopeful that they can restore their economy and improve their citizens’ living standards when the virus’s vaccine is in use.

As we are expectant of the proper circulation of a vaccine, we should take a moment to analyze the changes the pandemic outbreak has made in our lifestyle, particularly traveling habits.

Ways in Which the Pandemic Outbreak Positively Affected Travels

As much as COVID-19 has presented us with significant challenges, the pandemic outbreak did not leave us without some blessings. In response to the deadly virus, several changes got incorporated, which has improved traveling for good.

The continuation of these changes despite the vaccine’s availability will do both the travel industry and passengers a great deal of good. These changes and policies adopted include the following:

Flexibility

Airlines became a lot more flexible with their payment and refund policies since the outbreak of the COVID-19 pandemic. Various airlines offered a full refund of fares for booked or paid flights to countries with travel bans. Several airlines employed different means to make payment a lot more comfortable for their passengers.

Maintaining flexibility, regardless of the vaccine, could change travel for good. Not to be too hopeful, these airlines might withdraw some of these leniencies, but many would remain.

Traveler’s Behavior

Travelers now prepare adequately for travels. It makes it a lot easier for airlines to control boarding. People are more careful about their health and, as such, are more responsive to regulations. This habit has been a good chance for travels since the onset of the pandemic.

Health and Safety Protocols

The airline now prioritizes safety and health protocols. Airplanes are now well cleaned and sanitized to ensure a virus-free environment.

One would also notice a very high degree of orderliness at the airport due to the social distancing protocol. People do not have to crowd themselves in the queue, making traveling a lot more stress-free for passengers.

Expected Positive Impacts of the COVID-19 Vaccine

With a proper circulation of the vaccine, where everyone can have access to vaccination at an affordable price, travel will experience a significant change for good. Considering how much influence the pandemic outbreak had on our traveling habit, we expect to record the following changes:

Improved Travel Experience

With the release of the COVID-19 vaccine, traveling will be a lot easier. Several boarding protocols that stress out travelers, like getting tested for COVID-19, maintain social distancing at the boarding gate, arriving at the airport many hours before take-off time, may be relaxed. We can finally return to a more comfortable process with the provision of the vaccine.

Cheaper Fares for Travelers

With the vaccine, airlines can allow more passengers on board a flight. It will help reduce flight fares as more people can share the burden of transportation cost per trip. A lesser fee will make transportation more affordable, and people can plan for more trips than before.

Assurance of Safety

The major discouragement with travels was the fear of safety. Several travelers canceled their trips except when it was inevitable. The vaccine would mean that people can now tour the world without fear of contracting the coronavirus disease. They also do not stand as a threat to others’ safety while visiting new places, so long as they have the necessary vaccination.

Reduced Cost on Maintenance of Health

People now have to spend less on maintaining their health with the vaccine. Airlines can also reduce the cost of ensuring a highly hygienic travel environment by the COVID -19 standard. Several regular travelers had to forfeit planned trips because they cannot afford the potential cost of maintaining their health condition if they probably got down with the virus. With this out of the way, traveling will become much more feasible.

Even with the hope of a new vaccine, we have to ensure that we plan adequately for safety ahead of a trip. It would be best if you had all you will need while in another geographical location. You must get an international driver’s license in the likelihood that you will have to drive yourself around while on your trip.

Significant changes have begun already, with the news of the vaccine around the corner. We all cannot wait to experience our world once again, without the fear of a pandemic.

world

Team Leadership in the COVID-19 World

In 1933, when FDR delivered his first inaugural address, U.S. unemployment stood at 25%, and 7,000 banks had folded in three years. Even as he cautioned his fellow Americans that “the only thing we have to fear is fear itself,” he also conceded that “only a foolish optimist can deny the dark realities of the moment.” The realities of that moment still appear at this instant to be grimmer than those of the current one. Yet with a staggering 26 Million American filing for unemployment over the last five weeks, it’s challenging to dismiss projections of jobless rates reaching or even eclipsing the Depression-era peak that confronted FDR on that very first day of his presidency.

Today’s Americans may not emerge from the coronavirus siege embracing anything approaching the extreme of those directly impacted by the Great Depression, and no reduction in federal responsibilities in the current situation is likely to take the country back to pre-New Deal mode. However, it would be unwise to assume that the severe jolt to our sense of physical as well as material well-being inflicted by this crisis will leave no mark on our human behaviors going forward.

Obvious ones that may never return include handshaking (a tradition long gone in Japan), full-service toll booths, buffets, and sadly free samples at Costco. However, as we dig deeper into the business world, there are less obvious ones that can transition into new ways of doing business. This article seeks to highlight letting go of the past and what to look for in the new COVID-19 World.

We have often heard two widely accepted quotes that seem to contradict each other. The first describes a stonecutter who strikes the rock 100 times with no result. However, on the 101st blow, he sees the rock split. In short, it was not the 101st blow alone that split the stone, but the 100 that went before reinforcing the message of persistence and “staying the course.”

However, the second quote is that the definition of insanity is continuing to do the same thing again and again and expecting different results. The message here is if what you are doing is not working, change what you are doing.

In this COVID-19 World, the question the entrepreneur faces is when to persist and when to change course. The answer depends on the circumstances. To be successful in business in today’s world or any other endeavor, you must be willing to persist when times are tough.

Like the stonecutter, you must be willing to continue working hard through patches where there are no visible results. At the same time, success also requires that you be ready to change course when the current path is not getting you where you want to go, especially during a pandemic. Pivoting now and reinventing yourself may help you thrive later.

Depending on the type of business, we see shifts and pivots in commercialization strategies to help organizations recapture, maintain, and ultimately grow revenue. Obvious ones include storefronts to Direct to Consumer or “you come to us” vs. “we come to you,” adding guaranteed supply of hard to get essentials into unique offerings. Less visible but impactful pivots for CFOs include choosing profitability overgrowth. Government Subsidies, forgivable loans, and grants are the preferred option during these times vs. dilutive funding, and traditional bank business loans or lines of credit.

Looking inside and redefining, your organization should include using this crisis to define a new mission. Instead of ducking from the crisis, refine your company, and embrace it. Externally getting to know your clients better and looking at your client’s challenges from an outside perspective is essential. From a business development standpoint, look ahead at tomorrow’s needs. Ask the question: “What’s my unique selling proposition, and what should it be?” This will allow your organization to pivot and redefine itself appropriately.

Most importantly, believe in your business! See the light at the end of the tunnel. The changes you make to your business model will eventually add to the bottom line and improve profitability. When you believe your business can make it now, you will be a stronger, more resilient, less vulnerable company for the future.

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By Frank Orlowski, Founder and President Ation Advisory Group| frank@ationadvisory.com | New York, NY USA

trade

TENSIONS MOUNT BETWEEN SECURITY AND EFFICIENCY IN GLOBAL TRADE

The coronavirus pandemic has caused both governments and businesses to question some of the assumptions that have underpinned global trade for decades. By the time the dust settles, the world’s approach to trade could look quite different.

Extended global supply chains brought unprecedented economic efficiencies generated by extreme specialization of production and the ability to reduce costs through just-in-time inventories. These benefits are now being weighed against the risks created by the lack of redundancy and the consequences of severe disruption when key suppliers are not available. Rising economic nationalism and strategic rivalries are prompting multinational companies to rethink their investment and production strategies.

Weighing security over efficiency

In the balance between economic efficiency and security of supply, the pendulum may be swinging back toward security. This shift will apply not only to essential medical supplies and medicines but across the full spectrum of trade. Many automotive production facilities in South Korea, Japan and elsewhere were forced to suspend operations at the onset of the coronavirus outbreak when the flow of critical components from China was interrupted.

Companies may not only rethink supplier relationships. They might also consider further diversifying their own production. Take for example the recently announced decision by Taiwanese semiconductor giant TSMC to build a $12 billion production facility in the state of Arizona, which may represent an attempt to mitigate business risks emerging as a result of geostrategic rivalries, in particular between the United States and China. The compelling economic rationale for TSMC’s Arizona facility is not readily apparent. The costs of semiconductor fabrication are relatively higher when compared to TSMC’s facilities in Taiwan, where the bulk of its manufacturing is done.

Reducing over-dependence on Asia supply chains

The TSMC facility might represent an industry step toward a more U.S.-based high technology supply chain. But there might actually be less to the proposed plant than meets the eye. By the time it is operational in 2024, it is expected to produce semiconductors based on existing (rather than next generation) technologies, and it will lack capacity to produce at a game-changing scale. The 20,000 silicon wafers the Arizona plant is expected to produce each month is only one-fifth the capacity of the larger Taiwan-based fabrication facilities.

However, as the Trump Administration has been vocal in its desire to repatriate elements of vulnerable supply chains wherever possible, the move could also represent an opportunity to hedge against the risk that more production of critical industrial products will be compelled to be manufactured and procured in the United States, something other governments are contemplating as well.

At the recent G20 Finance Ministers meeting in Riyadh, French Finance Minister Bruno Le Maire — a staunch advocate of deepening economic integration — posed a question which just a few years ago would have seemed inconceivable:
“Do we want to still depend at the level of 90 per cent or 95 per cent on the supply chain of China for the automobile industry, for the drug industry, for the aeronautical industry or do we draw the consequences of that situation to build new factories, new productions, and to be more independent and sovereign? That’s not protectionism — that’s just the necessity of being sovereign and independent from an industrial point of view.”

Le Maire’s comment captures the policy debate officials around the world are wrestling with, even in countries that have traditionally been strong pro-trade and pro-integration advocates.

Doubling down on regional trade agreements

Broader strategic considerations were undoubtedly at play in the decision. Taiwan’s position as a global supplier of chips – as well as a highly sensitive flashpoint in U.S.-China relations – means that TSMC is inevitably caught up in the technology and strategic rivalry between the U.S. and China.

TSMC’s investment may not be a bellwether that U.S. companies will re-shore or that multinationals will flock to the United States. More likely, companies will build more diversity into their supply chains with more emphasis on regional trade and less reliance on a single trade partner.

This could have big implications for the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). Although neither China nor the United States are currently parties to the CPTPP, the agreement is a useful vehicle to achieve greater trade and investment diversification for its current members. As a self-selected, voluntary grouping of economies ostensibly committed to promoting trade and investment among members, the CPTPP could provide some degree of insulation against the surge of export restrictions.

With the CPTPP positioned to take on greater relevance in the post-COVID-19 world, Thailand, South Korea, Indonesia and the Philippines have indicated interest in joining. Japan seems to be the informal new member recruitment manager, with Japanese officials already working closely with their Thai counterparts on the mechanics of accession.

Japan’s role is not a matter of happenstance. Japanese officials understand the dangers of over-reliance on a single market. Japan relies on China for about 37 per cent of its imports of automotive parts and 21 per cent of its imports of intermediary goods overall. In light of the COVID-19 disruptions, Japan is making a concerted effort to reduce its supply chain dependencies on China. The recent stimulus bill passed by the Japanese legislature allocated US$2.2 billion to help Japanese manufacturers shift production out of China.

A lasting impact

The COVID-19 pandemic will recede at some point. But its impact on trade will endure. The world can expect to see less China-reliant supply chains and increased use of regional trade agreements, providing a particular boost to the economies of Asia that multinationals see as the alternative to China.

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Stephen Olson is a Research Fellow at the Hinrich Foundation. Over the course of his 25 year international career, Stephen has lived and worked in Asia, the Middle East, and the United States, holding senior executive positions in the private sector, international organizations, government, and academia. He is currently a Visiting Scholar at the Hong Kong University of Science and Technology.

This article originally appeared on TradeVistas.org. Republished with permission.
companies

Free Trade in Free Fall: How Companies Can Navigate the Pandemic

Even before the global pandemic arrived in every corner of the globe, free trade and the globalized trading system were in critical condition. The bruising U.S.-China trade war, along with regional conflicts such as the Japan-Korea trade war, Brexit, import tariffs, the decline of the WTO, left companies struggling to adjust supply chains and many wondering whether the globalized trading system will survive.

Yet these challenges pale in comparison to the trade and supply chain issues the COVID-19 pandemic generates on a nearly-hourly basis. Demand has plummeted around the world for goods and services as vast portions of humanity are isolated in their homes and left without incomes. Export restrictions on medical supplies, food and other critical products, while still limited, are on the rise, creating fears of reverse protectionism. Airfreight capacity has dropped as tens of thousands of flights are grounded. Logistics companies are struggling to deliver goods as nearly every country in the world has implemented ever-tightening border restrictions in a matter of weeks.

As a result, companies and individuals are struggling to keep our grocery stores, pharmacies, and retailers stocked with the cheap and plentiful products consumers have grown accustomed to, not to mention supply the medicine and equipment that our frontline healthcare workers desperately need. While these are dark days in trade, there are ways to immediately protect your company and your supply chain.

First, companies must protect their workers from the disease. Crisis management procedures to keep people healthy, whether that means remote working procedures or social distancing policies to keep production facilities running, should be implemented and revisited as the crisis moves on. While most companies have implemented these policies as a result of government orders, companies should continuously evaluate how to both keep their employees safe and their companies running. Fighting this disease and its economic ramifications is a marathon, not a sprint, so companies should find ways to maintain continuity as long as possible.

Next, now is the time to be hands-on with your supply chain. Companies need to examine every aspect of their supply chain and logistics: every container, every ship, every truck, every port, and every border crossing. In this way, you can understand how your goods must pass to understand how the pandemic will affect each shipment. Seafreight remains stable, though that could change, so companies with any slack in their supply chain should consider moving goods in advance through slower means.

Companies also need a proactive examination of their legal risks.  This assessment must include a review of which contracts may be broken through force majeure and other similar break clauses, whether initiated by you or the other party. At first, only producers were using force majeure as they realized they did not have the raw materials, labor shortages, and logistical support to deliver products. Now, importers and end-users are breaking their contracts as demand drops and shops close. Similarly, insurance markets are struggling to find ways to insure goods, services, and even projects as supply chain issues threaten to slow projects around the world. A holistic examination of your legal risks will save your company money and time when legal challenges arise.

Companies also need to find help from their governments. Governments are looking to help companies stay afloat, keep people employed, and keep goods and services flowing, but they are frequently looking for answers from companies. If you are not part of a trade association, join one. And if you do not have representation in Washington, now is the time to make sure that government authorities know how best to help your company and industry navigate this crisis and to remind them of the value that trade brings to communities around the world, and where you need help.

The COVID-19 crisis will leave the global trading system permanently altered, but it is also a reminder that, just as our physical health is intertwined with our neighbors, our economic health is also dependent. Long-standing trade relationships are under strain, contracts will be voided, and shipments unfulfilled. Yet a healthy dose of compassion and understanding that your business partners are facing the same challenges as your company may help you maintain your trading relationships through these hard times and allow them to rebound faster when the crisis is over.

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Benjamin Kostrzewa is a Registered Foreign Lawyer at Hogan Lovells, working in Hong Kong and Washington serving the needs of clients on both sides of the Pacific. Before joining Hogan Lovells he served as Assistant General Counsel at the Office of the U.S. Trade Representative.