Master the essentials of Service Agreements and Statements of Work to avoid costly pitfalls, ensure success, and streamline negotiations.
Service Agreements are one of the most commonly encountered agreements in business. They can arise in a very broad range of transactions: from software development, to implementation, to construction, and to outsourcing. Unfortunately, these important agreements are frequently not negotiated at all or negotiated incorrectly, resulting in project failures, increased costs, and wasted resources. In this session, we will focus on better understanding these agreements and the common pitfalls that arise in negotiating them. Participants will learn key terms to look for and how to revise them. In addition, participants will learn about the often-neglected ancillary document to almost all Service Agreements: Statements of Work.
Learning Objectives
- You will be able to discuss how to avoid common pitfalls in reviewing and negotiating Service Agreements.
- You will be able to explain how to draft more effective Statements of Work.
- You will be able to identify areas in which project overruns and failures may occur.
- You will be able to recognize and minimize areas in which vendors typically derive additional fees.
Agenda
Overview
- Types of Service Agreements
- How Service Agreements Differ From Other Agreements
- Setting Expectations
Overarching Key Considerations
- Diligence of the Vendor
- Project Personnel
- Controlling Budget and Project Management
- Pricing Structures
Statements of Work/Work Orders
- How Do Statements of Work/Work Orders Relate to the Main Agreement?
- Detail, Detail, Detail
- Tips for Drafting Strong Statements of Work/Work Orders
Key Contract Terms
- Acceptance Testing
- Warranties
- Intellectual Property
- Information Security and Privacy
- Term and Termination
- Subcontracting and Assignment
Conclusion and Questions
Speakers
Ashley Kennedy,
Foley & Lardner LLP- Attorney in the Technology, Transactions, Cybersecurity & Privacy Practice Group member within Foley & Lardner’s Intellectual Property Department
- Provides counsel on structuring and negotiating technology agreements to create strategic and advantageous business relationships between companies
- B.S. and M.S. Degrees from University of Utah College of Engineering; J. D. Degree, (summa cum laude) from the University of Utah S.J. Quinney College of Law
Michael R. Overly,
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
- One of the few practicing lawyers who has 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
- The Legal 500 recognized him for his information technology work in the U.S., 2010-2014
- Selected for inclusion in the Southern California Super Lawyers® list and also was honored by Los Angeles magazine for this recognition
- Recognized by Chambers USA for his IT and outsourcing work in 2013 and 2014
- Numerous articles and books have been published 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
- In addition to conducting seminars in the United States, Norway, Japan, and Malaysia, he has testified before the U.S. Congress regarding online issues
- His practice group was named in 2014 one of the World’s Best Outsourcing Advisors by the International Association of Outsource Professionals
Who Should Attend
This live webinar is designed for contract managers, purchasing and procurement professionals, buyers, project managers, attorneys, and controllers.
