Create successful and more resilient vendor relationships through contracting best practices and due diligence strategies.
While there are many aspects to maximizing vendor relationships, one of the most important goals is to ensure the overall contracting process with the vendor ensures sufficient customer flexibility and protection. You will learn real-world techniques for improving the contracting process to achieve that goal. You will be able to immediately implement these techniques to gain better flexibility and protections in your own vendor engagements. The techniques to be shared are based on the presenter's experience in literally hundreds of technology contracting negotiations with vendors of every size and type.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Vendor vs. Buyer Relationships/Dynamics
Importance of Master Agreements
Overview of Contracting Process
- Preliminary: RFP/RFQ/RFIs/Seeking Bids
- Setting Expectations Early
- Form Agreements
- Due Diligence Activities
- Contract Negotiations
- Maintaining Leverage
- The Siren Song of Trial Agreements and LoIs
- Post Contract Followup and Policing
Alternate/Backup Suppliers
Vendor Due Diligence
- Typical Elements and Use of Questionnaires
- Updates
Security Risks in Vendor Relationships
- The Insider Threat
- Legal and Industry Standards
- Scaling of Security Measures
Key Contracting Provisions
- Expanding the Concept of Buyer
- Segregating Liability for Buyer Entities
- Operating a Service Bureau for Related Entities
- Use of Sweep Clauses
- Vendor Cooperation With Other Vendors and Suppliers
- Project Schedules and Defaults
- Controlling Subcontracting and Assignment
- Beware Changes of Hosting Providers
- Vendor Personnel/Key Personnel
- Project Management and Reporting
- Avoid Change Order Chaos
- Contract Renewal Rights and Price Protection
- Identify All Revenue Streams
- Scope of License or Use Rights
- Vendor Use of Customer Systems and Telecommunications
- Vendor Use of Offshore Personnel
- Disaster Recover/Business Continuity
- Financial Wherewithal
- Withhold Remedies and SLAs
- Termination Rights
- Audit Rights
- Fees
- SelfAudits, Security Audits, Performance Audits, Compliance Audits
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on August 27, 2024.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- NH MCLE 1.0
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 64 Minutes.
- NJ CLE 1.3
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
- ISM 1.0
- Participants who successfully complete this program will receive 1.0 hours of continuing education. They may be applied toward ISM CPSM, CPSD or C.P.M. recertification. ISM's consent to approve hours for this educational event is not an endorsement of this program or its content by ISM.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
Audio & Reference Manual
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- NJ CLE 1.3
- VT CLE 1.0
- WV MCLE 1.3
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Credit
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Michael R. Overly, Esq.
Foley & Lardner LLP
- Partner with Foley & Lardner LLP
- Focuses on drafting and negotiating technology-related agreements, software licenses, hardware acquisition, development, disaster recovery, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies
- Published numerous articles and books in the United States, Europe, Korea, and Japan
- Interviewed by a wide variety of print and broadcast media (e.g., The New York Times, Los Angeles Times, Business 2.0, Newsweek, ABCNEWS.com, CNN, and MSNBC) as a nationally recognized expert on technology and security-related matters
- Conducts seminars in the United States, Norway, Japan, and Malaysia and has testified before the U.S. Congress regarding online issues
- One of the few practicing lawyers who have satisfied the rigorous requirements necessary to obtain the Certified Information System Auditor (CISA), Certified Information Privacy Professional (CIPP), Certified Information Systems Security Professional (CISSP), Information Systems Security Management Professional (ISSMP), and Certified Risk and Information System Controls (CRISC) certifications
- Previously recognized by The Legal 500 for his information technology work in the U.S. and by Chambers USA for his IT and outsourcing work
- Selected for inclusion in the Southern California Super Lawyers® list and was honored by Los Angeles magazine for this recognition
- Can be contacted at 213-972-4533 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
All of your training, right here at Lorman.
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- OnDemand Courses
- Live Webinars
- MP3 Downloads
- Course Manuals
- Executive Reports
- White Papers and Articles
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- State Specific Credit Tracker
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