How to Guarantee Bad Performance From Your Vendors

A well-crafted master services agreement for outsourced services can create a powerful alliance between you as the customer and the service provider or vendor, writes Matt Hafter for Thompson Coburn LLP. Then there’s the other kind of agreement.

Writing with what he calls “hearty dose of well-meaning sarcasm,” he highlights a few of the pitfalls that will likely or almost guarantee an unsuccessful relationship with your vendors.

As an example, his first point is, “Make sure the business unit using the services stops their involvement in the procurement process after the RFP.”

Another is, “Use the word ‘penalty’ to describe fee credits for service level failures.”

Read the article.

 

Join Our LinkedIn Group

 




Arent Fox Advises Seattle Seahawks in Naming Rights Renewal of CenturyLink Field

Arent Fox LLP recently served as outside counsel to the Seattle Seahawks and its affiliate company, First & Goal Inc., in a renewal of the stadium naming rights transaction with CenturyLink, Inc.

The renewal includes naming rights to CenturyLink Field, home to both the NFL’s Seahawks and the MLS’ Sounders, and CenturyLink Field Event Center, brand exposure at the Seahawks owner Paul Allen-founded Museum of Pop Culture, and sponsorship of Seahawks community outreach programs. The extension of the agreement is subject to approval by the Washington State Public Stadium Authority and is expected to run through the 2033 NFL season.

In a release, the firm said Arent Fox Sports leader Richard L. Brand worked on the transaction with Ed Goines, Seahawks General Counsel and Vice President, Government Affairs, and a negotiating team led by Seahawks President Peter McLoughlin. Additional support was provided by Technology Transactions partner William A. Tanenbaum, and Communications, Technology & Mobile associate Adam D. Bowser.

This transaction is the latest in a recent string of NFL-related naming rights agreements led by Richard Brand, including representing the Miami Dolphins in an 18-year stadium naming rights agreement with Hard Rock International for Hard Rock Stadium, Mercedes-Benz in a naming rights and sponsorship transaction with the Atlanta Falcons and Atlanta United FC for Mercedes-Benz Stadium, the San Francisco 49ers in a naming rights and sponsorship transaction with Levi Strauss & Co. for Levi’s Stadium, and Inova Health System in connection with its multiyear training facility and headquarters naming rights and sponsorship transaction with the Washington Redskins for Inova Sports Performance Center at Redskins Park.

In recent years, in addition to NFL-focused transactions, Brand advised Golden 1 Credit Union in a naming rights and sponsorship transaction with the Sacramento Kings for the Golden 1 Center, the Los Angeles Lakers in a naming rights and health provider rights deal with UCLA Health for the UCLA Health Training Center, and Brooklyn Sports & Entertainment in a naming rights agreement for the Nassau Veterans Memorial Coliseum, presented by New York Community Bank.

 

Join Our LinkedIn Group

 




Commercial Contract Risk in 2017

With international and domestic supply chain contracts, there is little or no room for error. according to an article posted by a team of lawyers at Foley & Lardner LLP.

“While some supply chain contracts incorporate negotiated provisions in the form of a letter agreement or long-term agreement, many supply chain contracts rely on standard purchase order terms and conditions. This can result in contracts of considerable value and corresponding high risk receiving  little attention from in-house or outside counsel,” they write.

They offer advice on how to manage supply chain contract risk, supply chain contracting in light of regulatory changes, and international contracting.

Read the article.

 

Join Our LinkedIn Group