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The following article originally appeared on the website of Tech Contracts Academy, LLC. It is reprinted here by permission from the author.

Contract drafters regularly confuse cloud services with traditional products and services. They approach software-as-a-service and other cloud services as if they were either software products or old-style services, like professional services. That leads to perplexing negotiations and contracts full of errors.

cloud cloudservices IT salesforce

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Working from home due to the Corona crisis is disorienting for most of us, and yet we see one bright spot emerging from it – the opportunity to automate critical operations online to replace time-consuming, manual tasks.

TimeofCrisis Collaborative contractandprocurementmanagement cfo cpo

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As we pass through the high tide of COVID-19 and its threat to public and private sectors, we wonder -- can we handle the post-pandemic’s fallout?  And yet, opportunities are knocking at our door! What follows tells what they are and how to reel them in.

In this article, our author’s perspectives relate closely to the IACCM webinar presented to IACCM members on May 14, 2020 titled Thought Leadership:  Emergence: Commerce and Contracting Post COVID-19… 

supplier TimeofCrisis Collaborative Covid-19

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First, an admission. I am a commercial contracts lawyer whose whole career has been spent advising clients on the drafting, negotiating and interpreting the wording of commercial contracts. I therefore listened to an IACCM webinar titled Ask the Expert: Codes Replacing Law1 with considerable interest. I was intrigued to find out specifically what codes in the title of the recorded webinar was referring to.

What follows is not intended to be critical of the views expressed at the webinar, but it does suggest some counterpoints and also raises questions many lawyers and contract management professionals are asking these days.

Smartcontracts codes alternativedisputeresolution

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Silence is not ok and while words are a start, they are not of themselves enough. Inequality in its many forms is deep rooted in our societies and our history and it’s going to take more than words to make the changes that human justice demands.

diversity inclusion commercialinnovation

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Imagine trying to resolve an inaccurate pricing decision by a contracting officer -- like the cost of steel in a shipbuilding contract – a decision that is stalling the contracting process and putting the business at risk.  What would you do?

negotiation federalacquisitionregulation far aspr truthinnegotiationsact armedservicesprocurementregulations tina

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If you asked me, what is the biggest bottleneck in moving the market to more efficient contract management, I’d have to say this: 

We need to share more information, make things easier and move toward industry standardization – without back peddling to rebuild what is already working well.

CLM implementation workflow ai

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This article defines Incoterms® and focuses on current and relevant changes in the Incoterms® rules and how they could impact your enterprise.

icoterms

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Don’t assume the role of the in-house attorney is shrinking just because legal technology (legal tech) is here.  In fact, legal wisdom and expertise is needed more than ever!

technology legal contractmanagement CLM

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Mohit Khullar and Prachika Agarwal take an honest look at the present situation of arbitration in India and the steps India should take to keep their arbitration system operating well and open for litigants in spite of the COVID-19 threat.  The world has a long way to go before we get COVID-19 behind us, but no doubt, the technology we will learn to apply in our businesses throughout this threat will become our closest allies! 

contracts Covid-19 forcemajeure india newnormal arbitration

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