Resource Library

With the increasing penetration of technology, companies have seen a huge increase in the number of contracts they must draft, negotiate and manage. Many companies lack strong processes to manage this large number of contracts, a problem that is exacerbated when companies acquire contracts through mergers and acquisition activity. Gain practical advice on how to boost efficiency and manage contracts from draft creation through negotiation, execution, amendment and renewal. The session will also discuss using playbooks to maximize value, time and experience of in-house attorneys, mapping existing workflows to determine how to make them more efficient, resource allocation—what tasks should attorneys do and what tasks should non-attorneys do, implementing more efficient processes—piloting and knowledge transfer, using contract management software for process and knowledge management and selecting third-party vendors to help manage these processes.

It’s not how you negotiate, but how you reduce negotiations. This program will cover the major issues in technology contracts and practical advice on what you can negotiate with the giants of the IT world. Learn how to work with large and small vendors in collaborating and negotiating common terms that are applicable throughout the industry.

Is negotiation a science or an art? In-house counsel are increasingly involved in deals requiring them to apply a structured approach to this skill. This interactive session will help participants evaluate strategic options when negotiating and will explain the techniques which can be used to increase the probability of success.

This session will address alternative resolutions and provisions from a seller and buyer’s prospective in negotiating a contract of sale for an office building or other commercial real estate. Issues may include payment of closing costs, title, representations and survival provisions, remedies for default, adjustments and closing deliveries. They may also include estoppel certificates, due diligence, casualty provisions, mortgage assumption provisions and interim leasing issues and buyer’s approval rights during the contract period. The material will be presented in a simulated cross-fire challenge, and panelists will be assigned to advocate for either the buyer or seller.

Contract Lifecycle Management

Discuss how to approach contract negotiation and drafting across jurisdictions and legal systems. Gain insight into techniques and tools to monitor and manage the risks involved with having contracts across several jurisdictions. Identify resources that in-house counsel of international businesses implement to manage such risks, such as country managers, outsourcing, risk guidelines, documented authority delegation and reporting. Discuss challenges and best practices in enforcing contracts across jurisdictions.

A presentation on contract negotiations that is meant to provide effective approaches and some practical and useful fallback provisions for commonly negotiated provisions.

Many companies lack a formal process for contract administration. Many others have a contract process which is in need of updating or improvement. This program session will review the lifecycle of contracts and highlight ways to develop and improve a company’s formalized contracting process. This session will emphasize practical tips that can be used to implement a contract management system and enforce up-to-date contracting policies, including who should be responsible for running the process, how contracts should be routed within the organization, signing authority, electronic contract management systems, monitoring contract compliance, and record retention.

This presentation involves a wide ranging discussion of topics encountered in the purchase and sale of goods internationally including: an examination of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods; a survey of the major similarities and differences between the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Commercial Code (e.g. how contract formation and the “battle of the forms” are handled under each); an update on Incoterm 2010 recently issued by the International Chamber of Commerce; a survey of commonly used arbitration rules/conventions; relevant import/export issues; and other issues impacting the international purchase and sale of goods.

This program will address key issues in contract drafting, negotiation, execution and management. Such issues will include the role of counsel in the drafting process, drafting techniques with regard to recitals, definitions, primary and economic operating provisions, representations and warranties, and convenants and conditions. A discussion will also be held on how a legal department can become a better facilitator in the contracting process. It is expected that the presenters will include both inside and outside counsel, and the attendees will be provided with realistic examples from which to develop additional skills.