Contract Drafting and Management: Developing Provisions to Mitigate Security, Compliance, and Technology Risks

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, June 25, 2020

Recorded event now available

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Program Materials

This CLE webinar will guide corporate counsel, directors, and officers on methods to minimize risks by drafting specific contract provisions. The panel will discuss approaches to limit exposure in service agreements, managing third-party breaches, and due diligence considerations in the outsourcing of products and services.

Description

General counsel is continuously attempting to mitigate risk and reduce liability exposure, and a primary means of achieving those goals is through contract management. Since corporate revenues are typically tied to agreements with customers and vendors, proactive contract risk management is necessary to limit costs and penalties while maximizing profits.

Active risk management by counsel will require compliance with the California Consumer Privacy Act, as well as other relevant privacy provisions and industry standards. Rather than merely providing a routine update to a privacy policy, general counsel could use the opportunity to engage customers and clarify how consumer data is being handled and enhance the customer experience.

Corporate counsel must comply with new rules (ASC 606 in U.S. and IFRS 15 in Europe) recognizing revenue in business transactions, which states that legal terms can now affect the deal value if they create or modify the performance obligations. Businesses must prepare to engage counsel from the onset of contract negotiations, as a link between revenue recognition and payment terms will require collaboration between legal and other departments.

Finally, businesses must prepare to enact appropriate plans as technology innovates the means of contract management. AI and blockchain are beginning to automate routine contract drafting and compliance tasks, allowing legal professionals to spend more time on high-value activities. Counsel needs to know both which form of technology to use and how to best handle the large volumes of data that will be critical in managing risk.

Listen as the panel of seasoned practitioners provides in-depth recommendations and practical guidance for handling privacy, compliance, and technology risks. The panel will focus on strategies for avoiding common pitfalls in risk management and provide insights to help reduce liability.

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Outline

  1. Elements of risk management
  2. Data privacy
  3. Compliance with ASC 606 and IFRS 15
  4. Technology used to mitigate risk
  5. Pitfall avoidance
  6. The interplay between risk allocation provisions
  7. Practice tips

Benefits

The panel will review these and other crucial issues:

  • How best can business counsel put a data privacy plan in place, and what steps should attorneys take once a breach has occurred?
  • What types of provisions should corporate counsel address to comply with ASC 606 and IFRS 15?
  • How can businesses utilize technology to manage their risks?
  • How can business counsel best mitigate risk addressing other current contract compliance trends?

Faculty

Bhargava, Monique
Monique N. Bhargava

Partner
Loeb & Loeb

Ms. Bhargava advises clients in a broad spectrum of industries with respect to advertising, consumer...  |  Read More

Larsen, Kari
Kari S. Larsen

Partner
Perkins Coie

Ms. Larsen represents clients in U.S. and EU regulatory, legislative, risk management, compliance and internal control...  |  Read More

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