Publishers have increasingly relied on compliance revenue, with compliance teams and sales incentives focused on identifying non-compliant software usage. Audits typically involve data collection, findings presentation, entitlement comparison, and negotiation toward resolution. Publishers use techniques like extrapolation and standard pricing to maximize revenue from audits. Companies can reduce audit risks through proactive license management and compliance to minimize wasteful spending and eliminate financial exposure from audits.
The document discusses challenges in the credit environment and recommendations for various participants in the credit channel, including banks, manufacturers, distributors, and resellers. It notes a fragile global economic recovery, ongoing credit issues, and new challenges from trends like cloud computing. It provides advice to strengthen partnerships, improve risk management, focus on value-added services, and utilize financing options like leasing to improve cash flow and support customers during uncertain times.
This document provides an overview of different methods for resolving construction disputes, including mediation, adjudication, and litigation. It discusses the advantages and disadvantages of each in terms of cost, speed, effectiveness, ability to recover costs, confidentiality, and impact on ongoing business relationships. Mediation is presented as the most cost-effective and relationship-preserving option, while adjudication provides a binding but temporary decision rapidly. Litigation is the most determinative but also the most expensive, slowest, and most damaging to relationships. The best approach depends on the type and nature of the specific dispute. A combination of informal and formal methods may be most suitable in some cases.
Replatforming Series: Know Your Payment OptionsBlytheco
Join us for the final event in the series "Are You Ready for Replatforming?" to learn about the pros and cons of using various popular payment options to fund your business software investment. Our special guest is Mark Grimes from Blytheco partner Dimension Funding!
This document discusses the next steps that can be taken after receiving an appellate court decision. It outlines options for both winning and losing parties, including doing nothing and letting the decision stand, filing a motion for rehearing in the appellate court, or seeking further review in a higher court. Filing a motion for rehearing aims to correct errors in the appellate court's opinion or change the result, but has downsides like additional costs and potential delays. Opposing such a motion sometimes involves not responding or pointing out the motion raises nothing new. The document also discusses factors for the losing party to consider in deciding whether to pursue higher court review, such as the likelihood of review being granted based on statistics, dissenting opinions, conflicts among lower
Non-investment Issues In Manager Evaluation - A Brief Overviewamadei77
A brief overview of non-investment issues that may be useful in manager evaluation to completement quantitative/qualitative analysis of a manager\'s investment strategy and track record
Baker Hill Prosper 2017 - Anatomy of a Profitable Loan: Before and After You ...Baker Hill
presented by John Robertson and co-presented by Christie Behrens of Allegiance Bank
Borrowers have enjoyed the benefits of a low interest rate environment but with rates beginning to creep up, a financial institution must price effectively by valuing the whole relationship to grow. You can be ahead of your competition by understanding the anatomy of a loan before and after you close.
Publishers have increasingly relied on compliance revenue, with compliance teams and sales incentives focused on identifying non-compliant software usage. Audits typically involve data collection, findings presentation, entitlement comparison, and negotiation toward resolution. Publishers use techniques like extrapolation and standard pricing to maximize revenue from audits. Companies can reduce audit risks through proactive license management and compliance to minimize wasteful spending and eliminate financial exposure from audits.
The document discusses challenges in the credit environment and recommendations for various participants in the credit channel, including banks, manufacturers, distributors, and resellers. It notes a fragile global economic recovery, ongoing credit issues, and new challenges from trends like cloud computing. It provides advice to strengthen partnerships, improve risk management, focus on value-added services, and utilize financing options like leasing to improve cash flow and support customers during uncertain times.
This document provides an overview of different methods for resolving construction disputes, including mediation, adjudication, and litigation. It discusses the advantages and disadvantages of each in terms of cost, speed, effectiveness, ability to recover costs, confidentiality, and impact on ongoing business relationships. Mediation is presented as the most cost-effective and relationship-preserving option, while adjudication provides a binding but temporary decision rapidly. Litigation is the most determinative but also the most expensive, slowest, and most damaging to relationships. The best approach depends on the type and nature of the specific dispute. A combination of informal and formal methods may be most suitable in some cases.
Replatforming Series: Know Your Payment OptionsBlytheco
Join us for the final event in the series "Are You Ready for Replatforming?" to learn about the pros and cons of using various popular payment options to fund your business software investment. Our special guest is Mark Grimes from Blytheco partner Dimension Funding!
This document discusses the next steps that can be taken after receiving an appellate court decision. It outlines options for both winning and losing parties, including doing nothing and letting the decision stand, filing a motion for rehearing in the appellate court, or seeking further review in a higher court. Filing a motion for rehearing aims to correct errors in the appellate court's opinion or change the result, but has downsides like additional costs and potential delays. Opposing such a motion sometimes involves not responding or pointing out the motion raises nothing new. The document also discusses factors for the losing party to consider in deciding whether to pursue higher court review, such as the likelihood of review being granted based on statistics, dissenting opinions, conflicts among lower
Non-investment Issues In Manager Evaluation - A Brief Overviewamadei77
A brief overview of non-investment issues that may be useful in manager evaluation to completement quantitative/qualitative analysis of a manager\'s investment strategy and track record
Baker Hill Prosper 2017 - Anatomy of a Profitable Loan: Before and After You ...Baker Hill
presented by John Robertson and co-presented by Christie Behrens of Allegiance Bank
Borrowers have enjoyed the benefits of a low interest rate environment but with rates beginning to creep up, a financial institution must price effectively by valuing the whole relationship to grow. You can be ahead of your competition by understanding the anatomy of a loan before and after you close.
Voluntary retirement schemes are programs offered by employers to provide retirement benefits to long-term employees before their projected retirement dates. They are often used as a method of workforce reduction and to reduce long-term costs. A golden handshake is a generous severance package given to induce an employee such as an executive to leave without controversy. Exit interviews survey departing employees to gather feedback on why they are leaving and what improvements could be made, helping employers reduce turnover.
Cloud Computing Legal Risks And Best Practiceslisaabe
Cloud Computing: Legal Risks and Best Practices
1. Security and Data Privacy.
2. Recent OPC Guidelines.
3. Compliance Issues.
4. Negotiating Contracts with Cloud Providers.
5. New Trends and Challenges.
6. Practical Tips
The interval between a buyer going under contract until the closing can be a treacherous time. Knowing what to say and when to say it can make or cost you thousands of dollars. It’s not always what you know that counts, but what you say that determines a positive outcome in any given situation.
Learn to be prepared. Alexis will share an arsenal of scripts to equip you for any situation, providing several different answers to the most common Contract to Closing objections. She does not shy away from the hardest questions; after this webinar neither will you.
What emotionally motivates each of the parties? Learn what to ask or say to satisfy the key human motivations driving negotiations. Understand the roles you unconsciously play in your negotiations and learn how to use them to create a winning outcome. Understanding the increasingly difficult circumstances after a buyer is under Contract leads to more Closings!
Watch this webinar and be able to:
Handle the most difficult buyer and seller objections.
Negotiate from a position of strength especially with the other agents.
Know what to ask to get the parties on the same side, feeling you have their best interests at heart.
Know what to say, when to say it and how to say it.
Identify and handle issues before they happen.
Earn more money and save yourself valuable time!
A 1+ hour presentation on contract drafting basics under English law, given at Moscow State Law University for Lexis Nexis. Contains speakers notes with applicable cases.
Notwithstanding engaging arbitration end-clients to assume a more dynamic part concerning their cases, it is trusted that these tools will add to the demystification of arbitration.
The Benefits Of International ArbitrationDuguekirtley
The document discusses the benefits of international arbitration. International arbitration provides an alternative to resolving disputes through domestic courts. It allows parties from different legal and cultural backgrounds to settle disputes in a binding manner without being subject to any single legal system. Some key benefits of international arbitration include that it is typically faster and less expensive than litigation, provides higher quality justice, allows parties more control in selecting expert arbitrators, and offers a neutral forum to avoid any "home court" advantage. International arbitration lawyers can help clients pursue arbitration claims and understand the procedural differences compared to traditional court litigation.
Drafting Game Rules to Minimize LitigationEric Pesik
This document discusses strategies for drafting game rules and contracts to minimize litigation. It recommends focusing on the essential elements of any agreement: the parties, subject matter, time for performance, and price. Drafting should address potential business and legal risks upfront by including provisions for risk mitigation, dispute resolution procedures, and a clear path to resolution before disputes arise. The goal is to establish rules of engagement that keep parties at the negotiating table and avoid entrenched positions.
This document provides an overview of power negotiation techniques. It discusses understanding one's own negotiating power as well as their opponent's power. Key points include observing an opponent's habits and mannerisms to gain leverage, investigating their background to anticipate their strategies, and maintaining an accurate conception of how one is perceived in order to motivate opponents to align with your objectives. The document also notes the delicate nature of negotiations and importance of emotional intelligence when navigating power dynamics between parties.
Cloud Computing - a legal view from Bird & BirdEduserv
Cloud computing contracts require balancing risks, costs, and control. Key issues include jurisdiction, intellectual property licensing, regulatory compliance, availability, security, and data portability. While cloud services provide flexibility, customers must avoid contractual lock-ins that make exiting services difficult. Overall, cloud contracts reflect the multi-tenant nature of cloud computing and require customers to accept more risk and less control than traditional agreements.
Negotiating Employment Contracts in the Year of the DragonMorry Morgan
SHOCK! An average worker in China costs more than the average worker in any other emerging Asian economy, excluding Malaysia and Thailand, when considering in terms of combined salary and welfare payments. What’s more, China leads the Asia region for companies intending to increase headcount. These two facts will make operating in China more expensive than ever before in 2012!
This document outlines the standard clauses in a contract, including the names of parties, definitions, terms of agreement, obligations, warranties, dispute resolution, amendments, governing law, schedules, and execution. It provides guidance on drafting contracts by listing key components such as recitals, operative parts, termination conditions, indemnification, and other standard legal clauses.
Negotiate Like a Pro - the Four Levers of a Sale by LessonlyLessonly
This document discusses the four key variables in any negotiation: timing, contract length, deal size, and payment terms. It explains how changing one variable affects the others and provides examples of how understanding these relationships can give buyers and sellers leverage in negotiations. Specifically, it outlines strategies for using one variable, such as being willing to sign immediately, to negotiate better terms on the other three variables. The overall message is that recognizing the interplay between these four negotiation levers allows people to adjust them strategically for a fair and advantageous outcome.
This document discusses the key components of intercultural negotiations. It identifies several factors that affect intercultural negotiations, including cultural noise, national culture, power and authority, perception, interpreters, gender, environment, and relationships. It also examines negotiation styles across different cultures like the US, China, Japan, and others. Effective negotiators are described as observant, adaptable, good listeners, and able to ascertain different cultural perspectives.
The document provides vocabulary and phrases related to personal finances. Some key terms defined include currency, exchange rate, bills and coins, debt, installment, donation, budget, expenses, paycheck, fee, and nest egg. Idioms involving money such as "it will cost you an arm and a leg" and "money talks" are also explained.
The document discusses intercultural negotiation processes. It provides definitions of intercultural negotiation and outlines common steps in the negotiation process including preparation, team selection, relationship building, discussions, and agreement. It also discusses common mistakes in negotiation, models of intercultural negotiation, strategies, and cultural characteristics of negotiating with countries like China, France, Germany, India, Japan, Latin America, Nigeria and trade agreements.
The document discusses fundamentals of contract drafting in the US legal system. It outlines key elements that attorneys should consider when drafting a contract, including understanding the client's goals and concerns, the opposing party's position, negotiable terms, and how to address potential disputes. Specific issues that require attention are terms of liability, jurisdiction, confidentiality provisions, termination conditions, and intellectual property rights. The document emphasizes drafting contracts clearly and anticipating conflicts to best protect the client's interests.
This document discusses negotiations and decision-making across borders and cultures. It provides examples of how negotiation strategies and tactics differ between countries. Key aspects of negotiation processes are outlined, including situational characteristics that influence cross-border negotiations. Decision-making processes are also examined, highlighting internal and external factors. Examples are given to illustrate differences in cultural approaches to negotiation and decision-making.
This document provides an overview of the contract drafting process. It discusses drafting contracts in 3 parts:
1) Drafting the contract, including learning about the transaction, drafting the initial contract, and revising drafts.
2) The typical parts of a contract, including introductory provisions, defined terms, obligations of the parties, closing provisions, general provisions and signature blocks.
3) Examples of introductory contract provisions like the preamble, recitals, and words of agreement. It provides best practices for drafting these introductory sections.
Outsourcing and Procurement: The Hot Points and PitfallsJon Hansen
eWorld Purchasing & Supply Conference
Day 1 - September 28th, 2010
10:20 to 10:50 AM Outsourcing and Procurement: The Hot Points and Pitfalls
Overview:
On paper, outsourcing holds significant potential for delivering much-needed efficiency gains and cost savings. But it can also present a legal minefield for procurement departments and getting the contract right from the outset is one of the most significant factors for realising these benefits. This information-packed briefing explains the key considerations for a successful outsourcing contract, including: defining project scope, employment issues & TUPE, intellectual property rights, agreeing service levels, benchmarking, reporting & audit rights, liability, data protection, confidentiality & Freedom of Information, dispute resolution, duration, termination and exit management.
Speaker:
Debbie Venn, Associate at asb law LLP
What is a Company? Where Can I Make An Impact? כנס IIA ישראל 4.1.18Inna Golderbiter
The document discusses procurement risk management and provides advice on identifying risks at various stages of the procurement process such as developing specifications, selecting suppliers, contract negotiations, and contract management. It identifies common risks like unclear needs analysis, biased specifications, security breaches, and failure to fulfill contract conditions. The document recommends actions to mitigate these risks such as using clear functional requirements, evaluating suppliers objectively, and ensuring good contract administration.
Voluntary retirement schemes are programs offered by employers to provide retirement benefits to long-term employees before their projected retirement dates. They are often used as a method of workforce reduction and to reduce long-term costs. A golden handshake is a generous severance package given to induce an employee such as an executive to leave without controversy. Exit interviews survey departing employees to gather feedback on why they are leaving and what improvements could be made, helping employers reduce turnover.
Cloud Computing Legal Risks And Best Practiceslisaabe
Cloud Computing: Legal Risks and Best Practices
1. Security and Data Privacy.
2. Recent OPC Guidelines.
3. Compliance Issues.
4. Negotiating Contracts with Cloud Providers.
5. New Trends and Challenges.
6. Practical Tips
The interval between a buyer going under contract until the closing can be a treacherous time. Knowing what to say and when to say it can make or cost you thousands of dollars. It’s not always what you know that counts, but what you say that determines a positive outcome in any given situation.
Learn to be prepared. Alexis will share an arsenal of scripts to equip you for any situation, providing several different answers to the most common Contract to Closing objections. She does not shy away from the hardest questions; after this webinar neither will you.
What emotionally motivates each of the parties? Learn what to ask or say to satisfy the key human motivations driving negotiations. Understand the roles you unconsciously play in your negotiations and learn how to use them to create a winning outcome. Understanding the increasingly difficult circumstances after a buyer is under Contract leads to more Closings!
Watch this webinar and be able to:
Handle the most difficult buyer and seller objections.
Negotiate from a position of strength especially with the other agents.
Know what to ask to get the parties on the same side, feeling you have their best interests at heart.
Know what to say, when to say it and how to say it.
Identify and handle issues before they happen.
Earn more money and save yourself valuable time!
A 1+ hour presentation on contract drafting basics under English law, given at Moscow State Law University for Lexis Nexis. Contains speakers notes with applicable cases.
Notwithstanding engaging arbitration end-clients to assume a more dynamic part concerning their cases, it is trusted that these tools will add to the demystification of arbitration.
The Benefits Of International ArbitrationDuguekirtley
The document discusses the benefits of international arbitration. International arbitration provides an alternative to resolving disputes through domestic courts. It allows parties from different legal and cultural backgrounds to settle disputes in a binding manner without being subject to any single legal system. Some key benefits of international arbitration include that it is typically faster and less expensive than litigation, provides higher quality justice, allows parties more control in selecting expert arbitrators, and offers a neutral forum to avoid any "home court" advantage. International arbitration lawyers can help clients pursue arbitration claims and understand the procedural differences compared to traditional court litigation.
Drafting Game Rules to Minimize LitigationEric Pesik
This document discusses strategies for drafting game rules and contracts to minimize litigation. It recommends focusing on the essential elements of any agreement: the parties, subject matter, time for performance, and price. Drafting should address potential business and legal risks upfront by including provisions for risk mitigation, dispute resolution procedures, and a clear path to resolution before disputes arise. The goal is to establish rules of engagement that keep parties at the negotiating table and avoid entrenched positions.
This document provides an overview of power negotiation techniques. It discusses understanding one's own negotiating power as well as their opponent's power. Key points include observing an opponent's habits and mannerisms to gain leverage, investigating their background to anticipate their strategies, and maintaining an accurate conception of how one is perceived in order to motivate opponents to align with your objectives. The document also notes the delicate nature of negotiations and importance of emotional intelligence when navigating power dynamics between parties.
Cloud Computing - a legal view from Bird & BirdEduserv
Cloud computing contracts require balancing risks, costs, and control. Key issues include jurisdiction, intellectual property licensing, regulatory compliance, availability, security, and data portability. While cloud services provide flexibility, customers must avoid contractual lock-ins that make exiting services difficult. Overall, cloud contracts reflect the multi-tenant nature of cloud computing and require customers to accept more risk and less control than traditional agreements.
Negotiating Employment Contracts in the Year of the DragonMorry Morgan
SHOCK! An average worker in China costs more than the average worker in any other emerging Asian economy, excluding Malaysia and Thailand, when considering in terms of combined salary and welfare payments. What’s more, China leads the Asia region for companies intending to increase headcount. These two facts will make operating in China more expensive than ever before in 2012!
This document outlines the standard clauses in a contract, including the names of parties, definitions, terms of agreement, obligations, warranties, dispute resolution, amendments, governing law, schedules, and execution. It provides guidance on drafting contracts by listing key components such as recitals, operative parts, termination conditions, indemnification, and other standard legal clauses.
Negotiate Like a Pro - the Four Levers of a Sale by LessonlyLessonly
This document discusses the four key variables in any negotiation: timing, contract length, deal size, and payment terms. It explains how changing one variable affects the others and provides examples of how understanding these relationships can give buyers and sellers leverage in negotiations. Specifically, it outlines strategies for using one variable, such as being willing to sign immediately, to negotiate better terms on the other three variables. The overall message is that recognizing the interplay between these four negotiation levers allows people to adjust them strategically for a fair and advantageous outcome.
This document discusses the key components of intercultural negotiations. It identifies several factors that affect intercultural negotiations, including cultural noise, national culture, power and authority, perception, interpreters, gender, environment, and relationships. It also examines negotiation styles across different cultures like the US, China, Japan, and others. Effective negotiators are described as observant, adaptable, good listeners, and able to ascertain different cultural perspectives.
The document provides vocabulary and phrases related to personal finances. Some key terms defined include currency, exchange rate, bills and coins, debt, installment, donation, budget, expenses, paycheck, fee, and nest egg. Idioms involving money such as "it will cost you an arm and a leg" and "money talks" are also explained.
The document discusses intercultural negotiation processes. It provides definitions of intercultural negotiation and outlines common steps in the negotiation process including preparation, team selection, relationship building, discussions, and agreement. It also discusses common mistakes in negotiation, models of intercultural negotiation, strategies, and cultural characteristics of negotiating with countries like China, France, Germany, India, Japan, Latin America, Nigeria and trade agreements.
The document discusses fundamentals of contract drafting in the US legal system. It outlines key elements that attorneys should consider when drafting a contract, including understanding the client's goals and concerns, the opposing party's position, negotiable terms, and how to address potential disputes. Specific issues that require attention are terms of liability, jurisdiction, confidentiality provisions, termination conditions, and intellectual property rights. The document emphasizes drafting contracts clearly and anticipating conflicts to best protect the client's interests.
This document discusses negotiations and decision-making across borders and cultures. It provides examples of how negotiation strategies and tactics differ between countries. Key aspects of negotiation processes are outlined, including situational characteristics that influence cross-border negotiations. Decision-making processes are also examined, highlighting internal and external factors. Examples are given to illustrate differences in cultural approaches to negotiation and decision-making.
This document provides an overview of the contract drafting process. It discusses drafting contracts in 3 parts:
1) Drafting the contract, including learning about the transaction, drafting the initial contract, and revising drafts.
2) The typical parts of a contract, including introductory provisions, defined terms, obligations of the parties, closing provisions, general provisions and signature blocks.
3) Examples of introductory contract provisions like the preamble, recitals, and words of agreement. It provides best practices for drafting these introductory sections.
Outsourcing and Procurement: The Hot Points and PitfallsJon Hansen
eWorld Purchasing & Supply Conference
Day 1 - September 28th, 2010
10:20 to 10:50 AM Outsourcing and Procurement: The Hot Points and Pitfalls
Overview:
On paper, outsourcing holds significant potential for delivering much-needed efficiency gains and cost savings. But it can also present a legal minefield for procurement departments and getting the contract right from the outset is one of the most significant factors for realising these benefits. This information-packed briefing explains the key considerations for a successful outsourcing contract, including: defining project scope, employment issues & TUPE, intellectual property rights, agreeing service levels, benchmarking, reporting & audit rights, liability, data protection, confidentiality & Freedom of Information, dispute resolution, duration, termination and exit management.
Speaker:
Debbie Venn, Associate at asb law LLP
What is a Company? Where Can I Make An Impact? כנס IIA ישראל 4.1.18Inna Golderbiter
The document discusses procurement risk management and provides advice on identifying risks at various stages of the procurement process such as developing specifications, selecting suppliers, contract negotiations, and contract management. It identifies common risks like unclear needs analysis, biased specifications, security breaches, and failure to fulfill contract conditions. The document recommends actions to mitigate these risks such as using clear functional requirements, evaluating suppliers objectively, and ensuring good contract administration.
Nervous about the handful of arrangements at your organization that compensate physicians outside traditional FMV ranges?
Even though many healthcare organizations adopt a single benchmark quantile as the standard for payments, there are times when a higher rate is justified. How do you determine what’s fair, and how do you standardize that process?
This deck covers what to do when physician agreements fall outside of traditional FMV Range and how you can protect yourself and your organization against compliance risks, including:
-Evaluating if contracts warrant a higher payment rate
-Crafting policies and procedures for these types of arrangements
-Strategies for efficient, compliant documentation
-And more!
Tim Cummins, IACCM - Open Forum Events' NHS Commissioning and Procurement con...Alexis May
The NHS is under pressure to deliver more value while containing costs. Currently, 35% of contracts seriously underperform, resulting in economic impacts to cost, time, and quality. Responsibility for outcomes has shifted from being the customer's alone to also being shared or the supplier's. New approaches are needed to drive improved supply outcomes through insight into what causes problems and tools to support emerging business environments. Relational contracting approaches like problem solving, no-blame culture, and continuous improvement can help reduce the probability of failures. Common issues include unclear objectives, late engagement of commercial resources, and contracts being of little practical use to delivery teams. Few organizations effectively learn from past contracts.
Preparing your Business for Sale & What to Expect from the Sale ProcessMichael J. Walker, CF
This presentation was delivered to delegates of the Canadian Construction Association as part of the program at its annual conference held in March 2016 in New Orleans, LA.
Collaborative Networks are increasingly viewed by business, and encouraged by government, as a means of pooling resources, sharing risk and maintaining edge. Get it right and a Collaborative Network will deliver value to the participant and add value to the proposition - the sum of the whole - but what are the options for a business considering participation in such a Collaborative Network?
In this workshop, we will examine the legals behind structuring and managing such a Collaborative Network, be that collaboration by means of contract, partnership or a special purpose company.
This document discusses employment contracts and policies. It provides guidance on drafting employment contracts, including important provisions around status, wages, leave, termination and duties. It also discusses the relationship between policies and contracts, noting policies can become incorporated even if not intended. Effective policies should be clear, reasonable, communicated and applied consistently.
Choosing & Contracting Consultants A Procurement Guide for First Nations icablearning
This document discusses considerations for First Nations communities in choosing and contracting consultants. It outlines both the pros and cons of hiring consultants, as well as risks to be aware of. Key steps are scoping the project needs carefully before procurement, and drafting a clear request for proposals. Important factors in selecting a consultant include establishing evaluation criteria, weighting criteria based on priority, and creating a contract that outlines deliverables, payment schedule, budget and timeline. The document recommends First Nations seek assistance from other communities or organizations when going through the challenging process of finding and contracting a consultant.
This document summarizes Randy Whitmeyer's presentation to the Office Product Dealers Association on managed service provider contracts. Whitmeyer discussed key issues to address in MSP contracts such as scope of services, terms, pricing, intellectual property, data privacy, and security. He also covered structuring contracts using a master services agreement with separate schedules. Whitmeyer advised tailoring contracts to customers and keeping up with changing privacy and security laws.
A summary of terms that should be included in licence agreements. Presented at an ASEAN-USPTO Program on Technology Transfer in Bangkok, Thailand, July 2, 2009.
Fiona Austin discusses the need for commercial contracts to move up the value chain by focusing less on low-value, non-strategic work and unnecessary incidents. She identifies pressures in the design, selection, pricing, time, performance, communications, issues and disputes, indemnities, breach and termination aspects of contracts. Her solutions include dedicated early planning, leadership intervention, mindful project delivery, alliancing models, inclusion of safety experts, and having a dedicated SSHE professional to drive change. Her overall message is that commercial and safety interests must be better aligned through cooperation between parties and a shared focus on critical risks.
In this webinar presenation, you will learn practical tips on drafting and understanding commercial agreements. Extract practical insights to drafting and understanding commercial agreements and learn techniques used to allocate or transfer economic risk.
This document provides an overview of professional liability for Kishankumar Solanki's presentation. It begins with definitions of key terms like "profession" and "professional." It explains that professionals can be liable to clients, users, regulatory bodies, and communities affected by their work. The main risks professionals face are contractual liabilities for failing to meet obligations, torts like negligence and misrepresentation, and breaching their fiduciary duties. The presentation recommends professionals take a risk management approach by understanding stakeholders, assessing risks, and implementing responses like avoiding high-risk work, mitigating risks, transferring risks through insurance, and accepting some risks.
Unfair dismissal and employment tribunalsLewis Silkin
The document summarizes recent changes to UK employment law regarding unfair dismissal claims and tribunals. It discusses qualifying periods for unfair dismissal, exceptions for political dismissals, procedures for tribunals such as judges sitting alone and reading witness statements as read. It also outlines new rules around fees for claims, mandatory ACAS conciliation, pre-termination negotiations, caps on compensation, deposit orders, costs awards, and "Calderbank" offers to settle. The changes aim to streamline procedures and deter vexatious claims while facilitating early settlement.
This document discusses five ways to make litigation cheaper. It begins by defining litigation and discussing risk management strategies like clear terms and conditions, insurance policies, and appointing a risk manager. It then covers engaging solicitors efficiently by preparing documents yourself and keeping solicitor time minimal. Alternative dispute resolution methods like mediation and arbitration can help settle disputes cheaper than going to trial. The document ends by noting the biggest cost drivers in litigation like poor disclosure management and unrealistic approaches, and recommends settling early, agreeing to mediate, focusing on proportionality over principle, preparing well yourself, and using litigation funding options.
What Every Business Tort Lawyer Needs To Knowamystewart
This document outlines the key topics discussed at the 3rd Annual Business Torts Institute on October 14, 2011. The presentation addressed various types of commercial liability insurance policies that are relevant for business tort lawyers, including commercial general liability, directors and officers liability, fiduciary liability, errors and omissions liability, employment practices liability, intellectual property liability, and cyber liability. It provided examples of claims covered under each type of policy and discussed issues like claims-made policies, notice requirements, insurers' response to claims, the duty to defend, declaratory judgment actions, and trends in Texas insurance law.
Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
When business owners come to the point where they simply can’t see eye to eye, success can become unfeasible. Disputes between business owners can arise from any number of issues and have varying impacts on the actual business, ranging from simple distraction to total dissolution. Depending on the business and circumstance, the means for resolution may or may not be provided for in the relevant by-laws or shareholder agreement. In this webinar, the expert panel discusses different types of shareholder disputes and corresponding remedies, including alternative dispute resolution, buy-sell agreement provisions, and share valuation considerations.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/resolving-shareholder-disputes-2020/
The document outlines a thorough RFP process for selecting outsourcing partners, including assembling a cross-functional team, defining requirements and selection criteria, issuing an RFP, conducting site visits and customer interviews, negotiating contracts, managing the transition, and ongoing governance. Key steps include developing an evaluation scorecard, issuing an RFP to shortlisted vendors, conducting security audits of vendor sites, interviewing existing customers, negotiating contracts and service level agreements, and establishing governance processes for managing the relationship. The goal is to select the right partner through transparency and fit to optimize outsourcing through the outsourcing lifecycle.
In response to increased compliance pressures and decreased resources, some contractors have found significant success and competitive advantages by implementing entire culture shifts to proactively address potential compliance issues with the government. Although the change may be perceived as difficult, this new proactive paradigm can ultimately create a true collaborative government and contractor relationship.
The document outlines a vision for volunteering that was launched on May 6th 2022. It was a collaborative project involving several non-profit organizations and government support. The vision identifies five key themes: awareness and appreciation, power, equity and inclusion, collaboration, and experimentation. It aims to make volunteering more accessible and enjoyable for all by 2032 through greater collaboration between organizations, empowering volunteers, testing new engagement strategies, and addressing current inequities. People can get involved by sharing commitments on the website to support changes over the next ten years.
This document outlines plans for the NCVO to create a new distributed network to better connect its members. The current centralized model has members connecting only with NCVO, rather than each other. The new vision is for a platform where horizontal relationships are central, members can easily connect and self-organize, and share knowledge to support each other practically and emotionally. This is intended to strengthen civil society impact. The next phase will develop a detailed proposal and funding budget to test assumptions and build understanding and capacity among partners to launch the new network by 2023.
Hollie Banu is a senior manager at a large technology company based in San Francisco. She has over 15 years of experience in product management and business development. Hollie received her MBA from Stanford University and enjoys traveling, cooking, and spending time with her family on weekends.
The document summarizes research from a national survey on volunteering in the UK. It finds that while formal volunteering declined during the COVID-19 pandemic, informal volunteering increased slightly. Willingness to help others is the top motivator for volunteering. However, paid work is a major barrier, and post-pandemic volunteers are experiencing burnout from increased workload and stress during the pandemic. The cost of living crisis may further impact volunteer satisfaction and participation going forward.
This document provides information about undertaking a governance review of a board. It outlines the typical stages of a review including desk research, surveys of skills, diversity and governance, interviews, board observations, and a final report. It then discusses tools that can be used for the review, including the Governance Wheel for self-assessment, a skills audit, and a diversity audit. Potential red flags or issues that may be identified are also mentioned. The document concludes by thanking participants and directing them to return to the main room for an AGM and member event.
This document summarizes the proceedings of a National Volunteering Forum organized by NCVO and AVM. The forum focused on engaging volunteers and paid staff. It included presentations on developing shared principles between volunteers and staff from sector perspectives, as well as case studies from organizations on their approaches. Breakout discussion groups also took place on making decisions around paid and volunteer roles, and challenges faced. The forum concluded with reflections on recognizing, reconnecting and reimagining volunteering in the future, the role of volunteer leadership, and next steps.
A panel discussion considering what the future hold for charities and their governance, and how trustees can support their charities to survive and thrive.
Here we share our progress on updating the Charity Governance Code. Hear from the Code steering group about changes that are being made to the Diversity and Integrity principles following its refresh.
The panel will share some of the proposed changes to the Integrity principle, offering a preview of the updates. They will also reflect on findings from engagement and the extended consultation on enhancements to the Diversity principle. This will be an opportunity for the steering group to share their learning, having listened to a range of experiences. It is also an opportunity to discuss best practice which has been identified through the revision work. Finally, the group will offer an update on next steps on the Code's revision.
We’ve put together this video guide to using the governance wheel to carry out a board effectiveness review. It will be most useful for trustees or staff who are undertaking a board review for their own charity and want to know how best to use the governance wheel to support them in this.
This document provides an introduction and agenda for a webinar on emerging safeguarding risks due to the COVID-19 lockdown. The webinar will discuss safeguarding risks in schools, the workplace, with homeworking, and regarding digital technology and online safety during lockdown. It will also provide an introduction to safeguarding, including definitions of vulnerable people, types of abuse, and special areas of concern. The host has a background in nursing, policing, social services, and currently works as a safeguarding risk consultant. Supporting documents on understanding safeguarding are also referenced.
As the charity sector continues to manage the impact of the pandemic, many charities are facing financial uncertainty. In this context many senior leaders, to ensure their charity’s sustainability, will be considering collaboration and merger. In this webinar, in association with Bates Wells, we aim to answer questions such as: When should a charity in crisis consider merging? What are the alternatives? How can you make the best decision for your organisation? You will also hear about a new online decision-making tool which will help organisations chart the options open to them in a tight financial spot.
Normal working practices have changed dramatically in a very short period. Most staff are still working remotely, and many organisations have made use of the furlough scheme. This has meant organisations are having to manage and support staff remotely; review some existing policies to ensure they are still fit for purpose; and manage with a reduced and rotating staff capacity. In partnership with our Trusted Supplier Croner, in this webinar we will be sharing good practice on managing and supporting staff in this new environment. We will be joined by Vicky Scott, Operations and HR Manager at Hackney CVS who will share the experiences and learnings of Hackney CVS in this new context.
The economic impact of coronavirus means that many voluntary sector organisations will be going through a period of significant change over the coming months. For many of the hardest hit charities, the process of restructuring and making redundancies will sadly be inevitable. In this webinar we help organisations prepare for this context.
The document summarizes a webinar on the legal and practical considerations for easing lockdown restrictions and returning employees to work. It discusses employers' health and safety duties, the UK government's roadmap, conducting COVID-19 risk assessments, and practical safety measures to implement. It also provides an example of how St. John Ambulance prepared to restart operations and shares resources on legal guidance from TrustLaw and NCVO.
Slides from a webinar broadcast on 15 July 2020, sharing what volunteering organisations have learned since the lockdown in March.
Watch the full recording here: https://www.youtube.com/watch?v=HyFbDAtHHQo
The document summarizes key findings from the UK Civil Society Almanac 2020. It finds that while the number of organizations has remained stable in recent years, most are small with incomes under £100k. Total charity income and assets have grown but more slowly in recent years, with the public now the main income source versus government. Reserves are back to pre-2008 crisis levels but reductions in investments could threaten financial fragility. The paid workforce has reached 900,000 but is likely to decrease, while formal volunteering rates have remained stable though changing in form. The document outlines implications and practical support available for charities during the current challenges.
Slides of NCVO webinar that took place on 24 June 2020 covering:
the general health and safety obligations to staff and volunteers, the key legal and practical issues employers need to consider and where to go for further support and guidance.
Watch the webinar: https://www.youtube.com/watch?v=RDBvyTIFTIc
Slides of the NCVO webinar that took place in June 2020 covering:
1) the role of the chair and the board in supporting organisations in the next phase
2) challenges and opportunities which the easing of lockdown presents for trustees
3) tips and resources to help boards plan in a period of significant change
Watch the webinar: https://www.youtube.com/watch?v=HaPktkiCRgo
This document provides information about applying for funding from the Coronavirus Community Support Fund in England. It outlines the purpose of the fund, which is to support communities affected by COVID-19. It details who and what types of organizations and activities are eligible for funding. Applications can request between £300-£10,000, or over £10,000 for up to six months of costs. The document explains the application process and what information will be requested, including details about the organization's COVID-19 proposal and financial situation. It concludes by providing next steps and contact information for questions.
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