Butzel Long Supplier Academy Series - Part 1
2020 Butzel Long Supplier Academy Series 1
Thursday, April 23, 2020
7:30 a.m. Registration, Continental Breakfast, and Networking
8:00 a.m. Program
MSU Management Education Center
811 W. Square Lake Rd., Troy, Mich.
A critical issue faced at the outset of every commercial relationship is what will be the terms of the contract? Whose terms will govern, and will there be any modifications to the “standard terms?” Butzel Long attorneys will explore the answers to these questions, as well as provide practical advice for approaching the various types of agreements your business enters into. The first session of the Butzel Long Supplier Academy will focus on the topics listed below:
What is Negotiable and What is Not? – Dan Rustmann
While it is true that contractual negotiations in the automotive supply business can be extremely difficult and frustrating, having a basic knowledge of the applicable terms and an advance plan for the negotiations can provide a significant advantage. This presentation will explore typical automotive terms and provide some potential strategies for approaching the negotiations, including an overview of what issues may be possible to negotiate and what issues are very unlikely. Even on issues in which the likelihood of success is small, prudent suppliers still can develop effective strategies to obtain some protection.
Defensive Contracting – Sheldon Klein
Calling a piece of paper a “contract” does not mean that it and its various provisions is legally enforceable. There are several errors common in automotive supply contracting that result in “contracts” that are legally unenforceable or easily escaped. We will discuss why you should have Terms of Sale, how to most effectively make them part of the deal, and what should they say to protect against onerous buyer terms. We will present strategies for drafting flow-down provision as well. We will also explore other pitfalls to avoid while drafting contracts.
A Vehicle to Drive Innovation: Joint Development Agreements – Jen Dukarski and David DeVine
As businesses strive to launch innovative product, development and collaboration agreements lead the way to building potential production relationships. But rushing to develop can leave significant questions about who owns the technology, who has the right to offshoot technologies, and who will actually lead the technology to market as the production supplier. We will discuss how you can structure Joint Development Agreements to securely innovate at a faster pace while seeking to mitigate the risks that come with innovation.
Please direct inquiries to Anthony Coratti at 313-225-7051 or firstname.lastname@example.org.