From everything I have seen, heard, and experienced, the rush to upgrade sites to deliver faster download speeds and keep up with data demands is not unlike the old market launch days. There is a lot of pressure, some friendly and some not so friendly competition, and the focus is on speed. One of the things that we have now that we did not have then is a mature network of existing sites. That is the good news. The bad news is that all of the hasty decisions, due diligence lapses, and assorted other open issues that those long ago launch and development teams left to be dealt with later—many of which lay dormant for years like land mines from a long forgotten war—have finally come home to roost. Add to that the fact that landlords and others have also had the benefit of several years of exposure to the industry and you have a potential recipe for disaster.
The current site upgrade frenzy leads me to today’s words of advice: do it right the first time. Sure, it makes sense. It is the most basic and obvious piece of advice you could give someone in any business, but I am sure that there are many people who will read this and think to themselves that some current site upgrade mess, which is screwing up their numbers, was the result of someone else failing to “do it right the first time.” Unfortunately, as many are finding, someone else’s lapse means that you are going to have to fix things to accomplish your goals. The good news is that most of these issues can be dealt with if you have the right team in place. The bad news is that it will take time that you may not have factored into your projections.
When you uncover one of these dormant land mines, it is best to deal with it immediately. Do not put it on the back burner and hope that it will resolve itself. Part of the joy of being a lawyer is that your clients hate to need you as much and as often as they do. Unfortunately, it often means that we are not called in until things have been bungled to the point that they are expensive and time consuming to fix. If the right team requires some type of legal representation, do not wait until it is too late.