NAPM-Denver
Spring Legal Aspects Seminars

Risk Allocation - Key Provisions in Supply Chain Agreements

Thursday, March 8, 2012
8:00 AM - 4:30 PM

Expanding into the Global Marketplace

Friday, March 9, 2012
8:00 AM - 4:30 PM

Renaissance Denver Hotel
3801 Quebec Street
Denver, CO  80207

Attend either one or both days

Day 1: Risk Allocation - Key Provisions in Supply Chain Agreements

  • Reducing Risk in Your Purchasing Terms and Conditions - How to Contract on YOUR Terms!
    • Systemic Purchase Terms Coverage and Communication
    • “Battle of the forms” issues
    • Important coverage areas
    • “Flow through” of purchasing terms from vendors through resellers to customers
    • Issues with purchasing through distribution
    • Material liability, warranty, and indemnity issues
    • Key terms and conditions
  • Indemnity and Limitation of Liability Provisions - What They Are and What They Do
    • The use and misuse of indemnity provisions
    • Indemnity and limitation of liability clause drafting and permutations
    • Enforceability and effectiveness of indemnities and limitations of liability
    • Strategies for negotiating favorable clauses allocating risks
  • Passing the Buck - Contingent Employees, Independent Contractors, and Labor Outsourcing
    • Use of contingent workers
    • Types of contingent workers
    • Who is an employee?
    • The Fair Labor Standards Act variation
    • Specific laws and treatment of the contingent worker  relationship
  • Mirror Images - Drafting Tips and Key Provisions in Procurement Agreements from BOTH the Seller and Buyer’s Perspectives!
    • Formation of a contract
    • Offer and acceptance
    • Warranties
    • Specific contract provisions
    • Use of boilerplates

Day 2: Expanding into the Global Marketplace

  • Key Provisions and Concerns Specific to International Contracting
    • Key contract provisions
    • Delivery terms
    • Environmental matters
    • Warranty and Remedy Limitations
    • Limitations on liability
    • Force Majeure
    • The new INCOTERMS 2010
  • “A Tale of Two Cities” - Uniform Commercial Code (UCC) vs. United Nations Convention on Contracts for the International Sale of Goods (UNCISG)
    • Similarities and differences between the UCC and UNCISG
    • Contract formation - offer and acceptance
    • Timing issues
    • Delivery terms
    • Remedies
  • What Happens When a Good Deal Goes Bad? Planning for Dispute Resolution!
    • Drafting dispute resolution clauses
    • Choice of law and laws to avoid
    • Choice of resolution method
    • Mediation vs. Arbitration
  • Protecting Your Brand and Related Intellectual Property Rights
    • Types of intellectual property
    • Trademark basics and use
    • Copyright basics and use
    • Trade secrets basics
    • Protecting intellectual property in the supply chain
    • Avoiding infringement claims

Instructors:

Allen AndersonALLEN L. ANDERSON practices in the areas of commercial, construction, and employment law, and corporate and governmental contracting. Mr. Anderson represents local, national, and international businesses, as well as public and governmental entities, on a variety of legal matters, including drafting and negotiation of product purchase, product supply, and service agreements and terms and conditions; equipment loan, software licenses, and royalty agreements; warehousing, leasing, and real estate purchase agreements; and indemnity and insurance agreements. Mr. Anderson has also acted as lead counsel for plaintiffs and defendants in numerous disputes addressing these areas of practice, and arising in both state and federal courts and before various arbitration panels. Mr. Anderson is a member of several business and industry groups, including the Institute for Supply Chain Management and the National Contract Management Association from which he holds a Certified Professional Contracts Manager Certification. Mr. Anderson is a frequent lecturer in areas of contract and labor law and overall risk management, and has authored numerous articles focusing on the proper use of indemnity, insurance, dispute resolution, and other contract clauses for risk avoidance. Mr. Anderson received his Juris Doctor degree from the Cumberland School of Law at Samford University, and holds a Bachelor of Science in business economics and a Bachelor of Arts in government from Wofford College.

Jeffrey Roth JEFFREY L. ROTH practices in the areas of employment law; commercial and contract law; general corporate law; business transactional and regulatory law; and governmental contracting. For twenty years previous to joining Fees & Burgess, Mr. Roth held senior in-house corporate counsel positions with numerous international electronic manufacturing firms. In his role as in-house corporate counsel, Mr. Roth served as a global corporate resource for management in the areas of human resources; intellectual property; supply chain management; mergers and acquisitions; contract negotiation; and dispute resolution. In addition, Mr. Roth managed corporate litigation in each of these areas. Mr. Roth has presented numerous programs on various aspects of business and employment law. Mr. Roth developed and teaches the legal and contract portions of the Electronic Manufacturing Services Manager Program Training and Certification Program for the IPC. Mr. Roth is a member of various industry organizations, including the Institute of Supply Management, the Society for Human Resource Management, and the National Contract Management Association, from which he holds a Certified Professional Contracts Manager Certification. Mr. Roth holds a Juris Doctor from the University of Dayton, and a Bachelor of Science from the University of Cincinnati in business administration.

Lunch is included in Fee. 
7 1/2 credit hours/class hours will be earned towards CPSM, C.P.M or A.P.P. Re-certification.

REGISTRATION FEES:       

Day 1 (3/8) Only:
NAPM-Denver Member: $375 Register Now  
Non-Member $425 Register Now

Day 2 (3/9) Only:
NAPM-Denver Member: $375 Register Now  
Non-Member $425 Register Now

Both Days:
NAPM-Denver Member: $650 Register Now  
Non-Member $750 Register Now