Intellectual Property Rights Provisions
9/8/2009
10:10 AM CST US
Presenter: Sterling Spainhour
In this session we will examine the technical attributes of the Intellectual Property Rights provision.
Managing Internal Stakeholders in Contracting
9/9/2009
10:10 AM CST US
Presenter: Jim Bergman
We often are frustrated by the lack of alignment and cooperation shown by our internal stakeholders in the contracting process. This session will explore how to bring those individuals into alignment and inspire their cooperation.
Unfair Trade Practice Issues in Sourcing Contracts
9/10/2009
10:10 AM CST US
Presenter: Jim Bergman
As our sourcing relationships become increasingly sophisticated, do we run the risk of outsmarting ourselves and falling into some legal traps, namely unfair trade practices? This session will explore some of the more common traps into which we might be stepping.
Supply Chain Control - How Long Is The Chain?
9/11/2009
10:10 AM CST US
Presenter: Tom Fawls
We look briefly at the theory behind the current initiatives and discuss some of the things every corporation must consider when deciding just how far into the chain they need to control...and how much control they need over each link in the chain.
Buying From VSB's: Session 1 Understanding VSB's
9/14/2009
10:10 AM CST US
Presenter: Tom Fawls
In this session, we will look the unique issues and opportunities encountered in dealing with VSB's (Very Small Businesses). We will look at the issues and concerns that keep many VSB's from workling with or selling to larger companies.
Understand the Contract Drafting Process Indemnity
9/15/2009
10:10 AM CST US
Presenter: Sterling Spainhour
this session will discuss the concept on indemnification in the contract drafting process including when you use it, how to use it, how to draft and the consequences.
Contractual Liability Arising From Uncured Breach
9/16/2009
10:10 AM CST US
Presenter: Jim Bergman
Liability primarily rests with the two parties in a contract. Despite insurance protection, when one of the two parties is in breach and fails to cure the breach, the non-breaching party must bear the liability and costs. This session will examine these situations and will explore the elements of consequential damages, limitations on liability and the impacts of an uncured breach.
Establishing a Chief Contracting Officer Role
9/17/2009
10:10 AM CST US
Presenter: Jim Bergman
One of the key attributes in Contracting Maturity is the presence of a CCO, or Chief Contracting Officer. What does this role include? What are the benefits and challenges arising from having such a role in place. These issues and more will be explored in this session.
Supply Chain Design Means Contract Re-Design
9/18/2009
10:10 AM CST US
Presenter: Tom Fawls
This session looks at the principles of designing an effective supply chain management program...and what these principles mean for the procurement professional. We'll discuss ways to ensure information capture, processing and reporting becomes an integral part of the work as well as ways to push decision making to where the work is done without losing sight or control of the product.
Contracting with VSB's What you want when you want
9/21/2009
10:10 AM CST US
Presenter: Tom Fawls
this seminar is designed to be delivered to Procurement and Management Professionals tasked implementing their company's small business development programs and/or responsible for ensuring VSB suppliers deliver on time and on budget.
The Drafting Process - Limitation of Liabilities
9/22/2009
10:10 AM CST US
Presenter: Sterling Spainhour
This session will discuss how buyers and sellers attempt to limit their liability in the contracting process and how each party should draft those provisions.
Contract Formation and Drafting Mistakes - Lessons
9/23/2009
10:10 AM CST US
Presenter: Robert Weltner
This presentation reviews some basic contract formation and drafting issues that can lead to disconnects, problems and legal disputes."
Equipment Lease Contracting: Best Practices
9/24/2009
10:10 AM CST US
Presenter: James M. Johnson PH.D.
How to ensure that leasing your equipment needs will be a solution and not a new set of problems.
Supply Chain Contracts - Rights Without Contracts
9/25/2009
10:10 AM CST US
Presenter: Tom Fawls
In this session investigates ways of gaining access to (and some control over) critical suppliers and distributors who might be two or more tiers removed from a direct contractual relationship. We will discuss contractual and non contractual options for achieving your quality, delivery and pricing goals.
Understanding Pricing Approaches
9/28/2009
10:10 AM CST US
Presenter: Tom Fawls
This one session seminar looks at the pros and cons of the various contract pricing options available for use in today's contracts. An overview course, this seminar will define and explain: “Firm Fixed Price”; “Cost Plus Fixed Fee”; “Cost Plus Incentive Fee”; “Supplier Investment”; and “Time and Material” approaches to pricing / paying for work.
The Drafting Process - Contract Remedies
9/29/2009
10:10 AM CST US
Presenter: Sterling Spainhour
This session will examine the various contract remedies available to the parties upon default and how these remedies should be drafted and implemented.
Negotiation Touchpoints in Strategic Sourcing
9/30/2009
10:10 AM CST US
Presenter: Tom Fawls
Is your negotiation strategy the same, regardless if you are negotiating a single transaction or a strategic supply relationship. This session will examine some of the key considerations and touchpoints in a negotiation strategy for strategic sourcing relationships.
Re-Negotiation Strategies in Supply Agreements
9/30/2009
05:10 PM CST US
Presenter: Jim Bergman
This session is primarily targeted to Australian subscribers who have faced the current trend in renegotiating pricing and other aspects of supply agreements. While there are clearly some challenges, in some instances the rewards and benefits of survival make the effort worthwhile - particularly as we exit the current economic crisis. This is the first part of the three-part series titled "Who Cares About Swimming to the 'Strategic Shoreline' When They're Drowning in the Economic Crisis?"
AFS - Interpreting the Income Statements
10/1/2009
10:10 AM CST US
Presenter: James M. Johnson PH.D.
This is the first of a series of webinars: Analyzing Financial Statements (AFS). This session will address a vital question: How is a company doing?
Outsourcing's Dirty Little Secrets
10/2/2009
10:10 AM CST US
Presenter: Tom Fawls
This session looks at outsourcing through eyes of a procurement / project management professional who specializes in cleaning up the messes all too often created by poorly planned, poorly executed outsourcing deals.
Software Development Agreements
10/5/2009
10:10 AM CST US
Presenter: Bob Schmitt
A development agreement is a specialized type of IT services agreement that must emphasize elements of project management, qualified personnel, IP ownership, deliverables and acceptance, reliance on a Statement of Work and a “changes” procedure. This webinar will use a development services agreement to highlight these clauses. A Statement of Work for development services, using a different approach from the SOW reviewed in Session 13, will also be discussed.
Business Leadership Reviews of Contracting Metrics
10/6/2009
10:10 AM CST US
Presenter: Jim Bergman
There is very little doubt that metrics are important in any area of successful commercial operations. However, the role of leaders in making the metrics effective is somewhat overlooked. This session will explore how management and leaders in an organziation caan be best utilized in the area of contracting metrics.
Contracting - Informing and Shaping Relationships
10/7/2009
10:10 AM CST US
Presenter: Jim Bergman
Effective contracts are a reflection of the underlying relationship. However, the underlying relationship must also reflect the contract. This session will explore how the contract and relationship are interelated in shaping each other.
Articulating The Benefits Of Contracts To Others
10/8/2009
10:10 AM CST US
Presenter: Jim Bergman
Effective contracting will undoubtedly generated significant benefit to both parties. However, too often the benefits are not communicated to the individuals in one, or both, of the organizations. This session will explore how to most effectively articulate the benefits of contracts to those in your organization, as well as the individuals in the other organization.
Procurement Technology: Is it Worth the Money?
10/9/2009
10:10 AM CST US
Presenter: Tom Fawls
In this session we will examine whether Procurement Technology is worth the investment, and some of the key issues to address in deciding whether Procurement Technology is right for your organization.
Information Technology (IT) Services Agreements
10/12/2009
10:10 AM CST US
Presenter: Bob Schmitt
"IT Services" cover a very wide scope, ranging from long-term mainframe support to temporary, project-specific programming help. This webinar will use a generic services agreement to highlight clauses specific to personnel which should be in every services agreement.
Understanding the Other Party's Contracting Goals
10/13/2009
10:10 AM CST US
Presenter: Jim Bergman
In order to maximize the value generated through contracts, both parties need to understand each other's contracting goals. This session will address some of the more effective techniques available to understand your contracting partner's goals.
Avoiding Disasters Of An Equipment Lease
10/14/2009
10:10 AM CST US
Presenter: Barry Marks
This session will focus on some of the subtle risks that materialize for lessees who already are in leases.
Stakeholder Integration into the Sourcing Strategy
10/14/2009
05:10 PM CST US
Presenter: Jim Bergman
This session is primarily targeted to Australian subscribers who have faced the challenges of integrating stakeholders into the development and implementation of their sourcing strategy. While there are clearly some challenges, the rewards and benefits certainly make the effort worthwhile - particularly as we exit the current economic crisis. This is the second part of the three-part series titled "Who Cares About Swimming to the 'Strategic Shoreline' When They're Drowning in the Economic Crisis?"
Contracting Processes as "The Way To Do Business"
10/15/2009
10:10 AM CST US
Presenter: Jim Bergman
Process has a great impact on all areas of business operations. And contracting is no different. How consistently and regularly we follow our contracting processes is visible to our contracting partners and internal stakeholders - leading to their elevated levels of participation. In this session, we will address how our contracting process can demonstrate "The Way We Do Business".
Training Operations Personnel to Manage Vendors
10/16/2009
10:10 AM CST US
Presenter: Tom Fawls
This seminar is designed to give non-procurement professionals a clear understanding of the contract as an operations and vendor management tool. Developed as a “train the trainer” presentation, this session is designed to help Procurement Professionals tasked with improving relations with “operations-oriented” customers, both internal and external.
Information Technology (IT) Statements of Work
10/19/2009
10:10 AM CST US
Presenter: Bob Schmitt
A brief SOW example will be used to illustrate two basic elements that every SOW must answer: What is being purchased? How will it be provided? The example will provide an outline to describe the project, the services, the acceptance criteria for the SOW deliverables and other administrative elements. It will also include alternate clauses for four alternative payment methods.
Assignment of Contracts
10/20/2009
10:10 AM CST US
Presenter: Sterling Spainhour
This session will discuss the legal theory of contract assignment, the various ways in which assignment clauses are used and the appropriate contract drafting methodology for the contract drafting professional.
Procurement Ethics and Standards
10/21/2009
10:10 AM CST US
Presenter: Bob Weltner
One of the key aspects of your contracting culture is the position on contracting ethics and standards set forth by the procurement function. This session will explore what goes into an effective ethics and standards policy and program.
Selective Outsourcing & Electronic Contract Tools
10/21/2009
05:10 PM CST US
Presenter: Jim Bergman
This session is primarily targeted to Australian subscribers who have contemplated the options of selective outsourcing and/or electronic contract tools in the development and implementation of their sourcing strategy. While there are clearly some challenges, the rewards and benefits certainly make the effort worthwhile - particularly as we exit the current economic crisis. This is the third part of the three-part series titled "Who Cares About Swimming to the 'Strategic Shoreline' When They're Drowning in the Economic Crisis?"
Balance Sheet Analysis
10/22/2009
10:10 AM CST US
Presenter: James Johnson
Great insights can be gained from what the balance sheet tells us about what a company owns and owes. Three companies are highlighted in this presentation--manufacturer, software and financial services companies.
Project Tips From Tots
10/23/2009
10:10 AM CST US
Presenter: Tom Fawls
Also titled as, “How My Kids Taught Me the Ten Most Valuable Management Lessons I Ever Learned”, this session looks at ten key principles of managing people. The points addressed in this session are equally applicable to full time employees and contract workers, providing practical tips for controlling the “tots” among your employees.
A Complex SOW for Development Services
10/26/2009
10:10 AM CST US
Presenter: Bob Schmitt
A complex SOW will be used as an example to show one approach to drafting a SOW. This SOW type is based on a developer's approach to creating a project plan and using a proprietary development process.
Venue, Jurisdiction and Waiver of Jury Trial
10/27/2009
10:10 AM CST US
Presenter: Sterling Spainhour
This session will discuss these topics which are included in most contracts but are often overlooked and treated as standard. The session will examine each topic and give drafting tips for the contract drafting professional.
How Do You Know You Succeeded In The Negotiation?
10/28/2009
10:10 AM CST US
Presenter: Jim Bergman
A key question raised in the negotiation process arises after it is complete - "How did you do? Was it a success?" This session will address this question and how to answer it…with a resounding "Yes!"
Building a Reputation of Keeping Contract Promises
10/29/2009
10:10 AM CST US
Presenter: Jim Bergman
One of the most important assets any enterprise can develop is its reputation. Contracting professionals need to be on the continual watch to ensure their enterprise is keeping its contractual promises. This session will examine some of the approaches taken, as well as the risks of not keeping contractual promises.
Impact of Culture In International Negotiations
10/30/2009
10:10 AM CST US
Presenter: Tom Fawls
Globalization has accelerated at a pace that was unthinkable even fifteen years ago. As more and more companies join the global marketplace, it’s imperative that today’s negotiator have a clear understanding and appreciation of the impacts cultural differences have on the negotiations and the deal afterward.
Information Technology Outsourcing Agreements
11/2/2009
10:10 AM CST US
Presenter: Bob Schmitt
An agreement to outsource IT services can be considered a variation of a Master Services Agreement that emphasizes governance, service levels, security and personnel. A template Outsourcing Agreement, a Statement of Work and Service Levels Agreement (SLA) appendix will be provided for discussion, with emphasis on clauses found to be more critical to “outsourcing” services.
Letters of Intent
11/3/2009
10:10 AM CST US
Presenter: Sterling Spainhour
This session will discuss the use of letters of intent and "Term Sheets" in the contract process. The session will also focus on drafting issues relevant to those documents and how those documents relate to the entire transaction.
Analyzing Value of Terms & Condition Concessions
11/4/2009
10:10 AM CST US
Presenter: Jim Bergman
Negotiation is often a series of trades. But how do you whether the trade you are making is one of parity in value? This session will explore methods to assign value to the various concessions made with terms and conditions.
Analyzing Financial Statements, Part 3
11/5/2009
10:10 AM CST US
Presenter: James Johnson
Interpreting the Statement of Cash Flow
Negotiating Corruption in Developing Countries
11/6/2009
10:10 AM CST US
Presenter: Tom Fawls
In some cultures, what we see as corruption is almost a universal fact of daily life. Using instructor presentations and audience-guided discussion, this module focuses on the realities of negotiating in developing areas and tips and techniques for staying “moral and ethical” when faced with questionable situations. It also looks at ways we can use our negotiating power to help change the situation.
Equipment Purchase Agreements
11/9/2009
10:10 AM CST US
Presenter: Bob Schmitt
Whether your organization is planning a new data center or replacing desktops, equipment purchase agreements are critical. This webinar will use a template agreement and discuss clauses important to every agreement for “hardware” purchase, whether from the OEM or a third party.
Preparation For Negotiation
11/10/2009
10:10 AM CST US
Presenter: Sterling Spainhour
This session will focus on how the contract drafting professional should prepare for the negotiation sessions, including interaction with the business client, other stakeholders(finance risk compliance IT), outside counsel and in-house counsel.
Tips for Equipment Finance
11/11/2009
10:10 AM CST US
Presenter: Barry Marks
Lawyer Barry Marks will provide insights into avoiding the traps and pitfalls in financing equipment in three separate sessions. It is not necessary to attend one to benefit from the other and all three will be archived.
Linking Contract Terms to Pricing and Costs
11/12/2009
10:10 AM CST US
Presenter: Tom Fawls
Many contracting professionals are on a quest to secure as many contractual terms and conditions as they can in order to ensure the greatest contractual protections for their employer or client. But, does this yield the best overall contractual arrangement? This session will explore the linkage between contract terms and pricing and cost, with the intent of answering this question.
Ethics - Are We Obligated Beyond Corporate Policy?
11/13/2009
10:10 AM CST US
Presenter: Tom Fawls
This session will focus on individual behavior within a procurement setting, examining the relationship between legality, morality, ethics and the Corporate Ethics Policy. The course will look at the differences between "legal" and "illegal"; "right" and "wrong", and their relationship to the Corporate Ethics Policy.
IT Master Services and Software License Agreements
11/16/2009
10:10 AM CST US
Presenter: Bob Schmitt
This webinar will use a template master agreement to show how a single agreement can reduce paperwork and risk. Discussion will point out advantages of using the licensor’s development personnel in large-scale software development (customization) projects. This gives a single point of responsibility and in theory provides the licensor (owner) the most highly qualified personnel.
The X-Factor in Negotiation
11/16/2009
01:10 PM CST US
Presenter: Jim Bergman
This one-hour session will explore a key aspect of negotiations – what is your leverage position? Participants will be trained on how to identify their leverage position and manage the leverage that they both use and face in any commercial negotiation. Participants in this session have reported over US$100 million in savings from the techniques shared in this session! Help drive that amount to over US$101 million. Practical tips and a mini-exercise will be provided.
Sitting at the Negotiation Table
11/17/2009
10:10 AM CST US
Presenter: Sterling Spainhour
One of the keys to contracting excellence is the ability to deliver on the negotiation strategy. This session will focus on what it takes to be effective at the negotiation table.
Contracting Practitioners as Valued Facilitators
11/18/2009
10:10 AM CST US
Presenter: Tom Fawls
The skills of the contracting professional stretch beyond the technical requirements of contracting. In this session, we will examine how contracting practitioners are increasingly being called upon to serve as facilators. This includes the facilitation of the contract development and drafting process, to negotiation, to contract management, to dispute resolution. What skills and tools are needed to be an effective facilitation? Join this session and find out.
Using Financial Statements to Evaluate Performance
11/19/2009
10:10 AM CST US
Presenter: James Johnson
This session will focus on evaluating a firm’s performance: Ratio Analysis
Think Like a Spy - Getting To Know Your Opponent
11/20/2009
10:10 AM CST US
Presenter: Tom Fawls
This module is designed to provide a process for identifying and filling information needs prior to a negotiation. This seminar will look at ways to determine your information needs; determine what type of information is available and from where;corroborate information - is it accurate; disseminate and use the information and ethical considerations on collecting, storing and disseminating information gathered.
The Importance of Transparency in Contracting
11/23/2009
08:10 PM CST US
Presenter: Jim Bergman
According to several observers, there is a substantial lack of transparency in public procurement. In addition, competitive bidding in the procurement process is widely disregarded when major public contracts are awarded. Intervening considerations, such as personal connections, are reportedly the main criteria for awarding large contracts in certain areas of Southeast Asia. This session will address some of those conflicts and how to effectively address them.
Portfolio Risk Analysis in Contracting Decisions
11/24/2009
10:10 PM CST US
Presenter: Jim Bergman
Contract Risk Management in India is a multi-headed and fragmented beast – from corporate risk management down to the supply chain portfolio and category-specific activities and finally the individual contractual transaction. This session will highlight where most organizations are focusing their contract risk mitigation efforts (and where they’re unfortunately not). More importantly, we will focus on how strong contract management capability can accelerate those efforts, break down contractual barriers, and highlight new areas of contractual value to unlock.
How Do You Know You Succeeded In The Negotiation?
11/25/2009
06:10 PM CST US
Presenter: Jim Bergman
Note: Australia focused session - A key question raised in the negotiation process arises after it is complete - "How did you do? Was it a success?" This session will address this question and how to answer it…with a resounding "Yes!"
How Do You Know You Succeeded In The Negotiation?
11/30/2009
10:10 AM CST US
Presenter: Jim Bergman
A key question raised in the negotiation process arises after it is complete - "How did you do? Was it a success?" This session will address this question and how to answer it…with a resounding "Yes!"
Non Compete and Non Solicitation Agreements
12/1/2009
10:10 AM CST US
Presenter: Sterling Spainhour
This session is designed as a quick primer on what you must know on non-compete and non-solicitation agreements and provisions.
Closing Gaps in Fundamental Contracting Skills
12/2/2009
10:10 AM CST US
Presenter: Jim Bergman
The organizational pursuit of contracting excellence cannot be undertaken without talented, experienced and trained individuals. This session will examine those skills, how to identify skill gaps and how to close those gaps.
Tips for Equipment Finance Part Two
12/3/2009
10:10 AM CST US
Presenter: Barry Marks
In this session, lawyer Barry Marks will provide insights into avoiding the traps and pitfalls in financing equipment. This is the second of three separate sessions. It is not necessary to attend one to benefit from the other and all three will be archived.
Project Planning and Scheduling Part One
12/4/2009
10:10 AM CST US
Presenter: Tom Fawls
This two-part webinar is designed to give procurement professionals a solid foundation in basic planning and scheduling techniques. We will look at planning and scheduling processes and techniques as well as ways to account for risk in developed schedules.
Software As A Service (SaaS) Agreements
12/7/2009
10:10 AM CST US
Presenter: Bob Schmitt
SaaS (formerly Application Service Provider “ASP” and now “cloud”) agreements have had increased use in the last ten years. For example, salesforce.com and Google Aps are popular “on-demand” applications. A SaaS vendor hosts or uses a third-party host for an application available to customers over the Internet, most frequently through a standard web-browser. This webinar will provide a template SaaS agreement and discuss the importance of Service Levels (availability), data ownership and data security.
Tips for Equipment Finance Part Three
12/8/2009
10:10 AM CST US
Presenter: Barry Marks
Lawyer Barry Marks will provide insights into avoiding the traps and pitfalls in financing equipment in three separate sessions. It is not necessary to attend one to benefit from the other, but all three will be archived.
Integrating Contracting Strategies with E-Commerce
12/9/2009
10:10 AM CST US
Presenter: Jim Bergman
E-Commerce has proliferated during the past decade. However, many contracting tools and techniques are still lagging behind the e-commerce trend. This session will examine some of the key areas in which to align contracts with e-Commerce practices.
Using Financial Statements to Evaluate Performance
12/10/2009
10:10 AM CST US
Presenter: James Johnson
This session is part two on ratio analysis.
Project Planning and Scheduling Part Two
12/11/2009
10:10 AM CST US
Presenter: Tom Fawls
This two-part seminar is designed to give procurement professionals a solid foundation in basic planning and scheduling techniques. We will look at planning and scheduling processes and techniques as well as ways to account for risk in developed schedules.
Contracting Trends in 2009 A
12/14/2009
10:10 AM CST US
Presenter: Bob Schmitt
Defining and Pursuing Higher Order Contract Skills
12/15/2009
10:10 AM CST US
Presenter: Jim Bergman
Recruiting & Launching Collaborative Contract Team
12/16/2009
10:10 AM CST US
Presenter: Jim Bergman
Notable Contract Development Trends for 2009
12/17/2009
10:10 AM CST US
Presenter: Jim Bergman
Purchasing Research and Development Services
12/18/2009
10:10 AM CST US
Presenter: Tom Fawls
This session looks at the difficulties involved in building effective purchasing contracts and working relationships for research and development services. Focusing more on pure research activities, this session is designed to get procurement and project management professionals thinking about ways to make their own R&D operations more efficient and effective.
Notable Contract Drafting Trends for 2009
12/21/2009
10:10 AM CST US
Presenter: Jim Bergman
Notable Contract Negotiation Trends in 2009
12/22/2009
10:10 AM CST US
Presenter: Jim Bergman
Notable Contract Management Trends in 2009
12/23/2009
10:10 AM CST US
Presenter: Jim Bergman