Russell Weigel is a securities attorney and a member of the Clear Business Directory. Through Investment Attorneys, he helps his clients with compliance matters, arbitration defense or investigation defense. In this episode, Russell talks about the importance of due diligence, of being transparent to his clients as well as the other way around, and of trust, particularly in the securities industry. He also discusses education in raising capital and how being educated allows people to avoid a lot of mistakes that may get them in trouble. Today, we’re super excited because we’re talking to one of the members of the Clear Business Directory, Russell Weigel. He is a securities attorney, his business is the Investment Attorneys. I’m super excited to have him here because he brings a plethora of information to the business world. If you're raising capital, if you’ve ever dealt with bringing in investors, it’s so important [...]
Due Diligence: Conspiracy Theory vs. Corporate Counterintelligence Let’s face it who doesn’t love a good conspiracy theory? There can be a ton of fun in speculating the who-done-it. However, conspiracy theory can quickly become an emotional roller coaster, especially when a theory assumes that some underlying force is out to get us (or a client). While conspiracy theory can be fun and entertaining, conspiracy theory really has no place in the business world. Conspiracy Theory This by definition is “a belief that some covert but influential organization or person is responsible for a circumstance or event.” So how does this even enter into the realm of due diligence and business? Simple, often times we come across people who feel they have some understanding of what corporate counterintelligence is and because of the movies, or some misguided understanding, they automatically equate anything “bad” that happens in any business setting as [...]
Child care providers operating in transparency is important. Bringing home a newborn can be one of the most exciting experiences. Having someone to assist with your transition into parenthood makes the experience even more amazing. Knowing the company you hired is in The Clear Business Directory brings peace of mind. Listen in as we talk with the founder of Labor & Lullabies, Lisa Louden.
We take a look at when companies do a background check. Listen in as we discuss the tools you can use to save your company time and money.
Small business owners and entrepreneurs alike always ask how they can do a company information search. This goes way beyond yelp and the yellow pages. If you truly want to mitigate your risk you have to go further. Listen in as we give you the tools you can use to mitigate your risk.
Guns, Guns, Guns...What is a criminal background check and is it the answer for gun control? What do gun control and background checks have in common with business? Listen in as we discuss this hot topic and answer the question on whether or not a criminal background check is the answer for gun control and how it ties into business.
Background checks are not all they are not what you think. Listen in as we explore the areas background check companies cover and how they are not applicable to business transactions.
The idea of a business credit check is a confusing topic to most people. It’s not a well-known idea in all honesty. The quick answer is “it depends”. It depends on why you’re doing due diligence. Let’s say you’re doing it in the realm of business, obviously. But it depends on what the deal is. If you’re looking to bring on somebody to do a website for you and you’re just outsourcing the service, a business credit check is pretty insignificant in that decision-making process. You need to know if they can build the website that you need them to build. That doesn’t have anything to do with a credit check. So here are three points to help you make a decision if you should do a business credit check: 1. Identify the situation Let’s say you do have a situation where it is applicable, such as a merger acquisition. [...]
There are four big secrets background check companies don’t want you to know. 1. They are not magical. Background check companies pull from public records, and those public records depend on databases. If the database is not up to date because an individual hasn’t lived in an address for a certain period of time, that information is not going to show up. 2. Overemphasizing importance of Criminal Checks Criminal Check One of the things background checks look are criminal records. The problem with doing a background check solely for criminal records is that criminal records are only good if the person has been caught. More importantly, not every single state reports up to a national criminal database. Colorado, for example, is one of those states and does not report to the national database. Local agencies within certain states don’t even report up to the state level. As such you would [...]
There is so much more you can do when looking into a business, especially since a criminal search is not applicable to every business. The answer gets into the mechanics of how you do due diligence and what due diligence looks like looks like. Here are some other things you can do when looking into a business Look at the business history. Often times people won’t stop and take a look at the business history and how long a business has been doing something. Now, take into consideration, that sometimes you will come into contact with a business that is in start-up mode. They may have only been in business for six months. That’s fine. When we first got started, we had no business experience, but we had transferable skill sets and experience that translated over into what we were doing. You can take a look at somebody’s employment history [...]
First off, we advocate for a self-disclosure process prior to doing any kind of vetting or due diligence on somebody. The reason for that is it gives them an opportunity to tell you what may or may not be in their background. Then when you go about the process, if you discover something, the first thing you do is see if they have disclosed it. If it was not disclosed, that doesn’t necessarily mean they’re lying to you. It may be that they are not aware that information is out there, depending on how far back it was or how inconsequential. Let’s say it was a pretty significant deal and they didn’t disclose it to you. Now you have information you can go back to them with and say, “This is what we uncovered in our due diligence process. Can you give us more information about this?” Again, in total [...]
With the slew of background check companies online it can be easy to get swayed into paying for what appears a quick and easy answer to your hiring problem. However, as a business owner you should never do background checks. Sounds kind of funny coming from the due diligence people, right? But the biggest misconception about who we are and what we do at Avent-Guard is that “we perform background checks” for businesses. Nope, we don’t. Matter of fact we advocate AGAINST solely doing background checks because they are unreliable. There are so many factors that go into what a background check is and what it’s not that I won’t waste your time explaining them all. Here is a few reasons why you should not do background checks 1. Not all government and law enforcement agencies are required to report information. For that matter most are not required to have [...]
How to do a Background Check: Where the Spy World meets the business world – Understanding Due Diligence.
I is important to understand that even if you know how to do a background that background checks do NOT constitute full due diligence. The concept of due diligence is vast, obscure and overwhelming. Most of our clients privately confess to us that they only have a vague idea of what due diligence means and absolutely NO idea how to do it. Sound familiar? If so, don’t worry, you’re in good company. Most people throw around the term due diligence and claim they do it, but secretly hope no one ever asks them specifics about it. Most never really understand what it is, when to do it, where to look for information, who to trust to do it, etc. and so on. BusinessDictionary.com defines due diligence as: “The duty of a firm's directors and officers to act prudently in evaluating associated risks in all transactions.” What we have discovered is [...]
All the training in the world and all of the information on how to do a background check won't protect your business. The government does background checks and they don't work. As you may recall the Office of Personnel Management had a major security breach in June, affecting 14 million individuals who hold security clearances. A recent Business Insider Article titled “The US agency plundered by Chinese hackers made one of the dumbest security moves possible” covers some of the major issues that led to the breach of information. The article points out some “common sense” security practices, such as basic data encryption, that were overlooked by OPM. But encryption was not the biggest failure…not doing any due diligence on the service provider is what ultimately brought about the security breach. Did they do a background check? Most likely. Did they fully vet the people, definitely no. The article highlights [...]