This paper focuses on best practices and processes that allow a client and LPO provider to form a partnership that meets the client’s legal needs while effectively controlling associated costs.
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.
Counterparty risk is an inevitable component of any financial transaction. Organizations faced with a financially distressed debtor are wise to have defenses in place before issues arise. With proper protection in place, those organizations also have the opportunity to capitalize on the distress of the debtor. Arm yourself with the weapons that your organization will need to protect itself when dealing with an insolvent or bankrupt corporate group, as well as deal protection measures to consider when managing distressed merger and acquisition transactions in an international context.
Commercial real estate acquisition is typically a key component of retail business expansion strategies. Take an in-depth look at build-to-suit and ground lease development, the complexities of cross-border acquisition and disposition and the ways that affect a developer’s access to due diligence and financing.
In the context of cross-border transactions, whether acquisitions, investments or financings, it is important to understand the implications of using established transaction agreement precedents in multiple jurisdictions; including the use of the binding and non-binding letter of intent (LOI), the signed and unsigned agreement, the obligation to negotiate and execute in good faith, the application of the miscellaneous clauses and especially whether you think your agreement is the “entire agreement.” In Canada, there are two legal traditions (English Common Law and Quebec Civil Law), which in certain circumstances differ from US common law; these differences must be noted before entering into negotiations. The standard form contract or boilerplate may burn you if you are not careful. Panelists will review the traditional transaction steps between offer or LOI to the definitive agreement and specific provisions that are drafted the same but used in different jurisdictions.
All law departments handle an ongoing mix of contracts requiring drafting, review and revision. Traditional ways to handle contracts are very labor-intensive. This session will take you into the evolving process, labor and software solutions addressing the “more for less” challenge of efficiently handling contracts. Modeled after “hackathons,” this session will team you with 5 to 7 other participants to design and map an efficient process to handle agreements in a hypothetical case, from intake through storage. You will learn about and practice integrating workflow and software solutions into your maps.
Your company wants to expand internationally, but you know almost nothing about doing business in other countries. If your company is too small for an international office, what do you do if you just want to experiment and see whether you can generate revenue? Should you use independent contractors? Outsource? Hire employees? While you may not be able to learn all the laws of different countries, you can learn to identify key considerations for your clients and make solid business arguments for legal compliance. Learn about issues that should be considered and gather information for some specific jurisdictions.
The aim of this article is to provide guidance to in-house counsel on the assessment and management of key risks associated with partnership opportunities. As such, in-house counsel should be able to quickly identify the antitrust risks related to each type of partnership (joint R&D, joint purchasing, joint manufacturing and/or joint marketing), taking in account the evolution in 2010 and 2011 of the EU regulatory framework on cooperation among firms.
A note from the author: A disclaimer is appropriate. I have not done any scientific or other empirical research for this article. These reflections are personal based on more than 20 years’ experience dealing with joint ventures and strategic partnerships.
A sample clause regarding waiver of sovereign immunity for joint venture contracts.