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Drafting Business Service Agreements

Description

Companies are increasingly focused on their "core competencies," outsourcing all other functions – sales, bookkeeping, IT, customer and product support, warranty work – to third party professionals and their companies.

Drafting agreements to capture this work is unlike drafting a conventional employment agreement. It requires a sophisticated understanding of the service, benchmarks for performance and reporting, and the protection of confidential business information. The underlying agreement must comprehend how all of these elements operate together.

This program provides a practical guide to drafting services agreements in business.

  • Drafting services agreements for "hard" and "soft" services
  • Scope of services provided, modification of services, and relationship to fees
  • Performance standards and timeliness of delivery of services
  • Types of fee structures and common traps
  • Ensuring ownership of key files, records, "know how," customer lists, and trade secrets
  • Issues related to sub-contracting, designation of agents, and assignment of the contract
  • Conflicts of interest, limitation of liability, and indemnification

Contributors

  • Joel R. Buckberg

    Joel R. Buckberg is a shareholder in the Nashville office of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. and chair of the firm's commercial transactions and business consulting group. He has more than 45 years' experience structuring and drafting commercial, corporate and business transactions. He also counsels clients on strategic planning, financing, mergers and acquisitions, system policy and practice development, regulatory compliance and contract system drafting. Prior to joining Baker Donelson, he was executive vice president and deputy general counsel of Cendant Corporation. Mr. Buckberg received his B.S. form Union College, his M.B.A. from Vanderbilt University, and his J.D. from Vanderbilt University School of Law.

    Click here for more information about Joel.

May 26, 2022
Thu 1:00 PM EDT

Duration 1H 0M

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