Related Posts
More Posts
Anyone use SmartAsset for leads? Any success?
“During the call, Matthews suggested illegal activities such as using ‘dope’ money to fund campaigns and having “secret sleepers” steal opponents’ campaign signs in the middle of the night”.
“When you’re in private, for me, *as a Black woman in our society*, we talk trash… So it wasn’t like, you know, I’m not encouraging people to do those things, but the context was left out of the conversation.”
Playing the race card. Never fails!
https://www.counton2.com/politics/sc-rep-responds-to-controversial-call-with-inmate/amp/
Additional Posts in In-House Counsel
Tips for getting an in house job?
Recently moved in-house and struggling with how to document my contributions (keep a “brag list” if you will) for purposes of review season and eventual bonus/promotion/raise discussions. At a firm it was fairly easy to point to high billables, high profile deals, praise from particular partners or clients. Now I’m struggling because my work is so….day to day. Mostly negotiating typical sales contracts. Very few opportunities for visibility or high profile contributions if that makes sense.
Do in-house roles have conflicts checks?
Take a CLE on intro to contract negotiations. In practice: all that really matters is: (1) scope of engagement; (2) how much is paid and when it gets paid; (3) indemnity/insurance/limits of liability; (4) choice of law/venue if there’s theoretical anticipated liability m; and (5) confidentiality/IP/healthcare niche issues if the scope applies.
Cheat sheet: Clear scope of work; net x payment; reasonable insurance asks; indemnity proportionate to fault; consequential damages mutually waived and monetary damages capped at insurance limits; and law/forum per the location of services. That will get you to USUALLY a fair deal. Of course, if you have leverage and want to “win” the deal for the sake of winning the deal, you have plenty of room to negotiate.
Add in Privacy Issues/subprocessors and Data Processing Agreements. I’ve taken a few CLEs on acc.com Vendors and SAAS very helpful.
Look at the WILD provisions...Warranty, indemnity, limitation of liability, damages. That's typically a good place to start.
I walked into a company that had no tracking whatsoever. All the "templates" were outdated.
My advice is to start with a fresh document. Take bits and pieces of clauses you like and make your own template. As you do new agreements, take note of the redlines you get back from opposing counsel and incorporate into your draft.
Give it about 6-8 months (depending on how many you do per month) and you'll have a good foundation template.
And right to terminate.
Peruse EDGAR
For someone who is also new to this - May I ask how much time on you spend reviewing the average vendor contract? Just a ballpark guess? I’m worried I’m not spending enough time.
That is incredibly helpful. I am not spending enough time on the bigger partners but fortunately we still have zero leverage with all of them. Thanks!
Term/termination, price, volume requirements, exclusivity, MFN, COC/assignment, jurisdiction, restrictions like non competes/solicits, indemnities