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Category Archives: Contracts & Negotiations

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Taking Your Contracting Skills & Strategies to the Next Level

Posted in Contracts & Negotiations

Ninety-five percent of chief legal officers stated their law department insources contract management, according to the ACC Chief Legal Officers 2016 Survey. And this year, contracts saw a big increase in the percentage of individuals who cite this as their primary practice, with 64 percent of respondents identifying it as their primary discipline.

Beyond Gender: Negotiating for Yourself

Posted in Career, Contracts & Negotiations, Pro Bono & Diversity

Guest Blogger: Stephanie A. Scharf is a partner at Scharf Banks Marmor LLC. She represents clients in complex business disputes, corporate insurance litigation, tort and product liability and class action defense. She can be reached at Sscharf@scharfbanks.com. When Carnegie-Mellon professor Linda Babcock asked men and women to choose a metaphor to describe how they feel… Continue Reading

“Simplicity is the ultimate sophistication.”

Posted in Contracts & Negotiations

Originally from the archetype of the Italian Renaissance, Leonardo da Vinci, these words have resonated with many visionaries ever since. Perhaps most notably, Steve Jobs adopted this quote as Apple’s design mantra. It was Jobs whom this year’s Corporate Counsel University presenter Samuel Gasowski was talking about when he dropped the line in Session 100,… Continue Reading

The Third of the Three C’s: Collectability

Posted in Contracts & Negotiations

You would expect that everybody would know about collectability. The value of a contract is a function of and directly related to the likelihood that you can collect a judgment on it. Who missed this point recently? They are all those guys who bundled and sold mortgages and then bought insurance contracts to guarantee payment…. Continue Reading

The Second of the Three C’s: Collateral Consequences

Posted in Contracts & Negotiations

So you never heard of collateral consequences in your contract course. That is because you are a lawyer and went to law school. Law professors are simply concerned about the legal consequences of the contract, not the practical consequences. To them what is important is whether the contract is legally enforceable as a theoretical issue…. Continue Reading

The Three C’s of Contract Design

Posted in Contracts & Negotiations

Well, for those of you who have not read my series of blogs “There is Trouble in River City” I would go back and read them. Last week I participated in the first effort to develop a course that would teach business men how to manage legal issues and lawyers—that means you. The basic theme… Continue Reading

005 Negotiating IP Provisions in Contracts

Posted in Contracts & Negotiations

Housed in the largest exhibit meeting room, the hall was packed!  That did not stop the panelist from breaking up the attendees into smaller groups and getting direct feedback on the presentation. This session on negotiating terms within software contracts was very enlightening.  One section focused on the clause dealing with what you might get… Continue Reading

The Rule of Three I’s

Posted in Contracts & Negotiations

This rule is attributed to Warren Buffett, but I do not know that to be true. When I heard about it, I immediately thought about they way lawyers draft contracts The rule says first come innovators, second there are imitators and finally come idiots. The commentator who described this rule and attributed it to Buffett… Continue Reading

Contract Management Systems & The In-house Counsel

Posted in Contracts & Negotiations

Today Jason Mark Anderman, of Becton, Dickinson and Company, and I presented a “legal quickie” for ACC’s Law Department Management Committee on the topic of “Contract Management Systems.” This is becoming a hot topic for law departments, as more forward-thinking general counsel are realizing that their departments can make a significant contribution to corporate performance… Continue Reading