Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Monday, May 10, 2010

Strategic Planning Analogy #324: Protect the Core


THE STORY
I used to work for a company where the legal department seemed to get the best perks. They had the larger offices, the better equipment, the larger staffs, and the higher wages. I did some investigation to find out why the legal department was getting preferential treatment.

As it turns out, when budgeting time came about, the legal department would justify their existence using large hypothetical numbers. They would say something like this: “Just one smart move by the legal department can prevent a future legal liability of hundreds of millions of dollars. Considering all the potential legal liability avoidances, they add up to a huge number. By comparison, spending a little more on offices, equipment and salaries in the legal department looks like a real bargain.”

Since that approach seemed to work for them, I decided to try a similar approach for the strategic planning department. I said that good strategic planning puts companies on a path to long-term success and keeps them off a path to failure. Given the alternative of good strategic planning or failure, how much would you be willing to spend on Strategic Planning in order to avoid failure?

I may have over-reached on that appeal, since the top executives would not accept the idea that they could possibly fail if the strategic planning department disappeared. Therefore, in future years, I toned down the message and said that Strategic Planning could find new paths to growth that were worth hundreds of millions of dollars and avoid hundreds of millions of dollars of losses from poor investments. That approach worked better.

THE ANALOGY
In retailing, there is an old saying that “There are no cash registers in the corporate office.” In other words, all the money is made when a customer buys something at the store. Therefore, focus investments on getting the store right, because otherwise there will not be any income to pay for that corporate office.

Yes, it is true that getting things right at the point where sales are made is very important. Without sales, there are no profits. Sales, however, are not the only factor determining profits. As my friends in the legal department pointed out every year, bad legal decisions can cause all of your profits to disappear through legal liability payments. In other words, profits are also impacted greatly by actions at the home office—far away from the cash registers.

If the legal department could portray themselves as a savior of profits, and I could portray the strategic planning department as a savior of profits, I’ll bet a lot of other corporate office departments could do the same. Are we missing a lot of potential profitability if we focus too exclusively on just where the cash register is?

THE PRINCIPLE
The principle here is that strategy needs to be concerned not only with cash flow creation, but cash flow protection. Without proper concern for protection, the cash flow machine can stop working.

There have been lots of stories in the news recently of threats to cash flow machines:

1) The oil leak in the Gulf of Mexico is putting a big dent in the BP cash flow machine.

2) Several recent mining disasters (like the Massy Energy mine in the US, the Raspadskaya mine in Russia, or the Guomin mine in China) have crippled the cash-making ability of these mines.

3) Quality issues at Toyota have had a negative impact on image and cash flow.

4) A little typing error on a stock trade caused computerized trading on Wall Street last week to destroy stock values, wiping out huge amounts of profits in a short amount of time.

In many of these cases, the disaster occurred due to too much emphasis on cash flow creation and not enough emphasis on cash flow protection.

At Toyota, the cash flow strategy—based on a superior quality product—was taken too much for granted. Emphasis was placed on increasing the cash flow from that strategy through more rapid expansion and more strident cost control. However, those measures to increase the cash flow worked to destroy the cash flow machine. They took the focus off quality and put extras stress on the ability to continue quality. As a result, quality suffered. The core strategy was damaged.

Productive mines and oil wells can be great cash flow machines. However, there is the risk of assuming the cash flow machine will continue all on its own. Hence, one can be tempted to cut back on mine-related costs in order to increase that cash flow. If you do not protect that mine or well with the proper safety, maintenance or employee training, disaster can erupt, shutting down the cash flow machine and causing huge sums of additional costs to fix the problem.

The point here is that all company actions impact the core strategy. Some of those actions may create near-term boosts to cash flow, but destroy the long term functionality of the core cash flow machine. Don’t assume that the cash flow machine will continue on its own. Put into your strategy and tactics proactive means to protect that cash flow.

Sure, I hear people strategize about some of the key threats found in Porter’s Five Forces, like competitive threats or new product threats. But what about some other threats to the cash flow machine, like:

1) Putting the wrong people in charge of key functions (I have seen this mistake literally destroy entire businesses).
2) Ignoring safety, maintenance, and training issues
3) Growing faster than you can manage the growth
4) Legal Liabilities
5) Risk Management
6) Swings in foreign currency translations
7) Tax issues (earlier, we spent an entire blog on just this one issue)
8) Computer programming errors.
9) Breeches of privacy or data theft

Cost cutting in areas such as these may look like a way to increase cash flow. But if the cost cutting damages the core cash flow machine, you are worse off. If cash flow protection investments are made, you can actually increase long-term cash flow while spending more money, because the investments increase the effectiveness of the core cash flow strategy.

So what can we learn from this?

1) Understand what is the core of your strategy
In most cases, strategic success is based on excelling at the key differentiating point of your strategic position. Mess that up and the whole strategy starts to crumble. Therefore, it is essential for everyone in the organization to know where that key focus is, so that it can be protected.

If the key focal point is quality, everyone needs to know that—not just the folks on the assembly line. There are lots of areas in a business where decisions can be made which affect quality, from finance to human resources to expansion planning and so on. If you want to protect quality, you need to protect it from all of the decisions throughout the business that can potentially impact quality.

The best way to do that is by holding everyone accountable for their impact on the core focus of the strategy. And of course, this means that companies must first know what that key focus really is (from the perspective of the customers). Then they must communicate it as a priority for all decision making, regardless of where you are in the organization.

2) When developing a new strategic initiative, design protection into the setup
The best way to protect a cash flow is to incorporate the protection in up front at the beginning. Once the oil rig in the Gulf of Mexico erupts, it is too late to start the protection process.

This applies to numerous areas. For example, how you initially set up a business or an acquisition can have huge impact on your level of legal liability or tax liability. The type of people and process you use to integrate a new initiative may have more of an impact on cash flow than the actual initiative.

Considering all the risk issues up-front allows you to incorporate more protection into the process, before all the contracts are written up and all the deals concluded. Think beyond the point where business in transacted (the “cash registers”) to all the places that could indirectly impact success.

3) Don’t assume that a cash flow machine will work forever if unprotected.
Left unattended, cash flow machines will break down. They can be made less efficient through hundreds of little decisions around the company which each have a small impact of compromising one’s ability to excel at the point of strategic focus. They can be rendered obsolete by competitive advances. Lack of investment in maintenance or R&D can slow it down.

If this is the key to your success, don’t take it for granted. Protect it like the crown jewels, because that is exactly what it is. Protect it from inside threats as well as outside threats. Invest in your point of differentiation so that it is always a step ahead of the competition. Keep awareness of what is the core of your success at the top of mind, so that it will be given its proper attention. Whenever big decisions are being made, always ask yourself “How will this decision impact the core of our cash flow machine?” Be vigilant.

SUMMARY
Great strategies need to be more than just great ideas. They need to become the core of how your business operates. This can only happen if you put in place strategies and tactics to protect this core from losing its strategic focus.

FINAL THOUGHTS
One little drop of water is pretty harmless. But get enough of them and the dam won’t be able to hold back the water and it will burst, destroying everything below the dam. Similarly, get enough little, seemingly harmless, decisions that weaken a strategic position and before you know it, the strategy bursts.

Sunday, June 29, 2008

Analogy #188: Advice on Advice


THE STORY
Once there was a king who gathered his close advisors around his round table. He asked them this question: Do you think I should invade the neighboring kingdom?

The first advisor was head of the military. He thought to himself that his fighting men hadn’t been in battle for awhile, and he had an updated version of bows and arrows he wanted to try in real battle. Therefore, he answered “Yes.”

The next advisor was in charge of the King’s money. He knew such a battle would be expensive and use up much of the reserves. Later, if the King asks for spending money, he knew that he might get his head chopped off if he had to tell the King he was out of money. Therefore, he advised “No.”

The next advisor knew that if the king won the battle, there would be opportunities for promotion within the larger kingdom. Thinking he would benefit the most from this opportunity, he said “Yes, let’s invade our neighbor.”

The next advisor thought to himself that if the king wins the invasion, he will take all the credit. However, if the king loses the battle, he will blame the advisors. Therefore, seeing no personal upside to the invasion, but seeing plenty of downside, he advised, “No.”

As they continued this around the table, there were about as many people advising “yes” as advising “no.” The king was unsure of what to do. Therefore, he told his advisors “Give me your answer once again, but this time explain why your prior answer is in the best interests of the kingdom.”

The group of advisors started to panic, because none of them had answered based on what they thought was best for the kingdom.

THE ANALOGY
At some point, all leaders need to seek out advice. In the story, the king wanted advice on an invasion. Similar situations can occur in business, such as whether to invade a new sales territory, attack a particular competitor, introduce a new product, etc.

All of the king’s advisors give the king advice. Unfortunately, each advisor gave their advice based solely on what was best for their own personally-biased interests. None of them had considered the bigger picture.

When asking for strategic advice, it is important to frame the question in a manner which forces the advisor to look at the bigger picture. Otherwise, the advice is as worthless as what was given to the king.

THE PRINCIPLE
The principle here is about understanding the difference between strategic advice and implementation advice. If one is not careful, one may think they are asking for strategic advice, but get implementation advice instead. This confusion can prove to be disastrous.

Strategic advice is needed to determine what the optimal strategy should be. This is big-picture thinking. Implementation advice is used to determine the best way to achieve the already agreed upon strategy. This is more about tactical expertise. Both are important, but they require a different thinking process.

Although your advisors are probably not as selfish as the one’s in the story, they probably do have personal biases based on their area of expertise. These specialized areas of expertise are very useful at the implementation stage, but can get in the way if too narrowly applied at the strategic advice stage.

Let’s illustrate this with four types of expertise: legal, financial, marketing and operations.

Legal
Lawyers are trained in finding ways to reduce liability risks. This is an important area of knowledge, but if applied too narrowly at the strategic level, it can create bad advice. I once was working with a private school that took over a new school building. The question came up about what to do about a playground area. The legal and insurance advisors advised them to not have any playground at the school, so the school did not have one.

The legal and insurance advice was based on doing what produced the least liability. It was not based on what would produce the best school. The overall strategy—to run a great private school—was not factored into the advice. I’m sure that if you had asked these same advisors, they would have recommended that all the children stay home and never visit the school, since having children in the school would increase the liability risk significantly.

A wise person once told me that the role of a lawyer is not to tell you what to do, but rather to listen to you tell him or her what strategically correct thing you are doing and then have the lawyer advise on how to do that with the least legal liability. In other words, the specialized legal expertise is applied at the implementation level instead of the strategic level.

Financial
Pure financial discipline tends to look for ways to conserve cash and avoid risky investments. The best way to do that is to stop reinvesting in the old business and not venture into new areas. Over time, this will tend to choke off the future growth of the company. The company will starve to death because the money is horded, rather than fed to the business through investment.

As we saw in the story, the man in charge of the king’s money was reluctant to invade because that did not conserve cash, and it was risky. The financial bias always leans towards “no” when it comes to spending.

All profit streams, if not reinvested in, eventually dry up. If you take no financial risks, you will achieve no long-term financial rewards. You must continue to take risks and feed the business. Again, pure financial advice is great for finding the most prudent financial way to implement a strategy, but it may be poor approach towards finding that strategy. We talked about this in greater detail in a prior blog (see “Oh, my!”)

Marketers
Marketers are biased towards communication and selling. As much as pure financial biases tend to starve a business to death, pure marketing biases tend to spend a business into bankruptcy. Focusing only on the top line (sales) and forgetting the rest of the income statement and balance sheet can create a “growth at all costs” mentality. Rarely can you afford “all costs.” The marketing bias for “Yes” can be as deadly as the financial bias to “No.”

The dotcom bubble should have taught us that a single-minded quest only for market share can lead to poor long-term strategy. Marketing concerns need to be balanced with other priorities. Once again, a pure marketing expert can advise on the best way to market an already chosen strategy, but may give bad advice when choosing which strategy to market.

Operations
Most of the great operations people I have met are like great soldiers. If you tell them to “take that hill,” by golly they will find a way to accomplish that mission. Unfortunately, they are not always the best at deciding which hill to take.

Operations experts often have a bias towards cutting costs, since that is something they feel some control over, and something for which they have been rewarded in the past. However, if you don’t know what is the best strategy, then it is hard to know which costs are least critical to the strategy, and therefore the best things to cut.

A pure operations mindset tends to react with a bias to action—just do more of what we’ve done before, but do it a little more efficiently. However, sometimes the best strategy is to stop and do something differently.

As mentioned earlier, let these experts advise on how to take the hill (the tactics), but not necessarily listen to their advice on which hill to take.

This is not to say that people in these fields are incapable of strategic decision making. Many of them are actually very good at it. But this is only possible when they consciously take off the bias of their “departmental expertise” hat and put on their broad- thinking “corporate” hat. And this becomes easier to do if the leader makes it clear which times they are looking for the corporate hat strategic advice and which times they want the tactical expertise hat.

SUMMARY
The process of finding the best strategy requires a different type of thinking from the process of finding the best tactics. Strategy thinking requires a broad-based multi-disciplined approach. Tactical thinking requires more specific discipline expertise. Be clear about which type of advice you are looking for, or you may not get the advice you need.

FINAL THOUGHTS
Back in 2000, there was a move called Thirteen Days, which looked at the decision making that took place at the White House during the Cuban Missile Crisis of 1962. In the movie, President Kennedy kept asking all his advisors about what he should do. The military advisors were portrayed as being in a rut. Their advice on every question was to kill someone or blow up something.

President Kennedy kept telling them that his primary strategy was not the use of the military for killing or destruction. Yet, in spite of this, the military kept giving the answer formed by their military expertise bias. They were incapable of making the leap to broader strategic thinking. Make sure you surround yourself with people who can make that leap. (For more on this inability to leap outside one’s expertise, see “Henry the Hammer.”)