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Nuts and Bolts of Third-Party Contracting  

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This basic-to-intermediate level program provides a comprehensive overview of third-party contracting for attorneys. It may also be of benefit to business executives and human resource personnel.

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Seminar Summary:

This seminar will review the process of designing an effective outsourcing strategy, drafting subcontractor agreements in your client's favor and techniques for avoiding intellectual property issues during outsourcing. (see full course description)

 

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Training Course Syllabus:


Increase Your Knowledge of Third-Party Contracting  

As companies look for new ways to lower costs and increase profitability, third-party contracting is being used as an economical way to achieve a business's desired results. This seminar will review the process of designing an effective outsourcing strategy, drafting subcontractor agreements in your client's favor and techniques for avoiding intellectual property issues during outsourcing. Whether you are creating contracts for the first time or looking to use existing documents to your advantage, this is the program for you. Register today!

  • Weigh the benefits and risks of outsourcing so you can make an informed decision regarding what is best for you and your client.
  • Understand how outsourcing can impact human resource requirements for your company and the subcontractor.
  • Review federal and state laws that regulate third-party contracting to ensure you are not leaving yourself liable for future litigation.
  • Know the various types of contracts used for outsourcing and understand the unique purpose of each.
  • Make sure you know how to review existing third-party contracts to gauge their success and make modifications as needed.
  • Identify the most important contract provisions so you can draft legally binding documents in your client's favor.
  • Learn effective dispute resolution tactics that quickly resolve any disagreements that may jeopardize the relationship.
  • Examine how outsourcing can expose confidential intellectual property matters in order to avoid any unnecessary risk.
  • Review ethical considerations such as rules of professional conduct in regard to outsourcing.


  1. Pre-Outsourcing Considerations
    9:00 - 10:00, M. Lance McCord
    1. Reasons to Subcontract
    2. Benefits and Risks
    3. How to Research and Select Vendors
    4. HR Compliance Requirements
  2. Identifying Legal Implications
    10:00 - 11:00, David M. Messer
    1. Evaluating Local Laws
    2. Trade Laws
    3. Tax Law Concerns
    4. Anti-Trust Laws
    5. Other Federal and State Regulatory Concerns
    6. Case Law Update
  3. Recognizing Tactical Matters
    11:15 - 12:15, David M. Messer
    1. Location Approaches
      1. Local
      2. Nearshore
      3. Offshore
    2. Types of Contracts
      1. Time and Materials
      2. Fixed Price
      3. Transaction Based
      4. Service Level Based
    3. Staffing Strategies
    4. Contingency and Disaster Recovery Plans
    5. Sale/Divestiture and Outsourcing
    6. The Vendor's Perspective
    7. Review of Effectiveness
  4. Structuring Contract Documents
    1:15 - 2:15, Margaret Hughes Vath
    1. Important Contract Provisions
      1. Representations and Warranties
      2. Description of Services
      3. Scope
      4. Jurisdiction and Venue
      5. Price and Payment Schedule
      6. Termination
      7. Damages
      8. Indemnity
      9. Insurance
      10. Safety Practices
      11. Warranty
      12. Contract Governance
      13. Transition
      14. Transformation
      15. Termination Assistance/Wind-Down
      16. Intellectual Property
      17. Service Levels/Service Credit
    2. Common Pitfalls to Avoid
    3. Negotiation Techniques
    4. Dispute Resolution Tactics
    5. Establishing Oversight
  5. Avoiding Intellectual Property Issues
    2:15 - 3:15, M. Lance McCord
    1. Patents
    2. Copyrights
    3. Trademarks
    4. Work Product
    5. Other Considerations
  6. Ethics
    3:30 - 4:30, Margaret Hughes Vath
    1. Rules of Professional Conduct
    2. Confidential Information of a Client
    3. Scope of Representation
    4. Conflicts of Interest

Seminar Summary:

This seminar will review the process of designing an effective outsourcing strategy, drafting subcontractor agreements in your client's favor and techniques for avoiding intellectual property issues during outsourcing. (see full course description)

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