Trade barriers are going up across the globe. And cybercrime is on the increase. The link between the two? The value of trade secrets. As countries become increasingly protectionist as regards international trade, so their IP law has been changing, with the result that companies that previously would have sought protection through patents are opting to go down the trade secret route instead. But is this a high-risk strategy? Technology is changing and this is having an impact on forms of commercial co-operation. Collaborative or open forms of innovation by their very nature involve the sharing of intellectual property (IP), and in many instances this IP is in the form of valuable confidential business information (ie, trade secrets). Little surprise, then, that trade secrets disputes have increased accordingly. At the same time, the changes in technology make trade secrets more vulnerable to attack, misappropriation, theft. So just how effective are the legal protections for trade secrets? How can organisations safeguard the value in their IP (increasingly, the single biggest line in their balance sheets)? This programme is designed to help you address these issues. Note: this is an indicative agenda, to be used as a starting point for a conversation between client and consultant, depending on the organisation's specific situation and requirements. This session is designed to give you a deeper understanding of: Emerging trends in trade secrets protection and exploitation The current situation in key jurisdictions Recent case law How leading companies are responding The importance of trade secret metadata Different external stakeholders and their interests Key steps for effective protection of trade secrets Note: this is an indicative agenda, to be used as a starting point for a conversation between client and consultant, depending on the organisation's specific situation and requirements. 1 What are trade secrets? Definitions Examples Comparison with other forms of IP (patents, confidential information, know-how, copyright) 2 Current trends The various changes taking place affecting trade secrets - legal changes, trade wars, cybercrime, technology, commercial practice The current position in the UK, Europe, USA, China, Japan, Russia Corporate best practice 3 Trade secret disputes - how to avoid them Trade secret policies, processes and systems Administrative, legal and technical protection mechanisms The role of employees The sharing of trade secrets with others 4 Trade secret disputes - how to manage them Causes Anatomy of a trade secret court case 'Reasonable particularity' 5 Related issues Insurance Tax authorities and investigations Investor relations 6 Trade secret asset management roadmap Maturity ladder First steps Pilot projects
This five-day programme empowers participants with the skills and knowledge to understand and effectively apply best practice commercial and contracting principles and techniques, ensuring better contractor performance and greater value add. This is an assessed programme, leading to the International Association for Contracts & Commercial Management (IACCM)'s coveted Contract and Commercial Management Practitioner (CCMP) qualification. By the end of this comprehensive programme the participants will be able to: Develop robust contracting plans, including scopes of work and award strategies Undertake early market engagements to maximise competition Conduct effective contracting and commercial management activities, including ITT, RFP, negotiated outcomes Understand the legalities of contract and commercial management Negotiate effectively with key stakeholders and clients, making use of the key skills of persuading and influencing to optimise outcomes Undertake effective Supplier Relationship Management Appreciate the implications of national and organisational culture on contracting and commercial activities Appreciate professional contract management standards Set up and maintain contract and commercial management governance systems Take a proactive, collaborative, and agile approach to managing commercial contracts Develop and monitor appropriate and robust KPIs and SLAs to manage the contractor and facilitate improved contractor performance Appreciate the cross-functional nature of contract management Collaborate with clients to deliver sustainable performance and to manage and exceed client expectations Understand the roles and responsibilities of contract and commercial managers Use effective contractor selection and award methods and models (including the 10Cs model) and use these models to prepare robust propositions to clients Make effective use of lessons learned to promote improvements from less than optimal outcomes, using appropriate templates Effectively manage the process of change, claims, variations, and dispute resolution Develop and present robust propositions Make appropriate use of best practice contract and commercial management tools, techniques, and templates DAY ONE 1 Introduction Aims Objectives KPIs Learning strategies Plan for the programme 2 The contracting context Key objectives of contract management Importance and impact on the business 3 Critical success factors Essential features of professional commercial and contract management and administration The 6-step model 4 Putting the 'management' into commercial and contract management Traditional v 'new age' models The need for a commercial approach The added value generated 5 Definitions 'Commercial management' 'Contract management' 'Contracting' ... and why have formal contracts? 6 Stakeholders Stakeholder mapping and analysis The 'shared vision' concept Engaging with key functions, eg, HSE, finance, operations 7 Roles and responsibilities Contract administrators Stakeholders 8 Strategy and planning Developing effective contracting plans and strategies DAY TWO 1 Contract control Tools and techniques, including CPA and Gantt charts A project management approach Developing effective contract programmes 2 The contracting context Key objectives of contract management Importance and impact on the business 3 Tendering Overview of the contracting cycle Requirement to tender Methods Rationale Exceptions Steps Gateways Controls One and two package bids 4 Tender assessment and contract award I - framework Tender board procedures Role of the tender board (including minor and major tender boards) Membership Administration Developing robust contract award strategies and presentations DAY THREE 1 Tender assessment and contract award II - processes Pre-qualification processes CRS Vendor registration rules and processes Creating bidder lists Disqualification criteria Short-listing Using the 10Cs model Contract award and contract execution processes 2 Minor works orders Process Need for competition Role and purpose Controls Risks 3 Contract strategy Types of contract Call-offs Framework agreements Price agreements Supply agreements 4 Contract terms I: Pricing structures Lump sum Unit price Cost plus Time and materials Alternative methods Target cost Gain share contracts Advance payments Price escalation clauses 5 Contract terms II: Other financial clauses Insurance Currencies Parent body guarantees Tender bonds Performance bonds Retentions Sub-contracting Termination Invoicing 6 Contract terms III: Risk and reward Incentive contracts Management and mitigation of contractual risk DAY FOUR 1 Contract terms IV: Jurisdiction and related matters Applicable laws and regulations Registration Commercial registry Commercial agencies 2 Managing the client-contractor relationship Types of relationship Driving forces Link between type of contract and style of relationships Motivation - use of incentives and remedies 3 Disputes Types of dispute Conflict resolution strategies Negotiation Mediation Arbitration DAY FIVE 1 Performance measurement KPIs Benchmarking Cost controls Validity of savings Balanced scorecards Using the KPI template 2 Personal qualities of the contract manager Negotiation Communication Persuasion and influencing Working in a matrix environment 3 Contract terms V: Drafting skills Drafting special terms 4 Variations Contract and works variation orders Causes of variations Risk management Controls Prevention Negotiation with contractors 5 Claims Claims management processes Controls Risk mitigation Schedules of rates 6 Close-out Contract close-out and acceptance / completion HSE Final payments Performance evaluation Capturing the learning 7 Close Review Final assessment Next steps
This very practical one-day IACCM-approved programme enables participants to manage the process of commercial contracting and contract management effectively and efficiently to ensure value for money, improved service, and appropriate relationships. It covers a wide range of contract types in terms of risk and value. The programme empowers participants with the tools and techniques needed to collaborate with all key stakeholders. By the end of the programme participants will be able to: Understand the total process of managing contracts Exploit opportunities to extract even more added value Develop appropriate relationships with contractors Understand and use a range of contracting strategies and options Measure and improve contract performance Understand the impact of legislation on contract performance 1 Welcome Introductions Aims and objectives Plan for the day 2 Contract management An overview of the contracting process, mapping the 'territory' 3 Contract managers Skills Knowledge Attributes Responsibilities 4 Critical success factors Defining successful outcomes Effective stakeholder engagement Creating a shared vision of the outcomes 5 Placing contracts How to develop an effective specification and scope of work documents How to develop a robust contracting strategy Appropriate types of contract 6 Customers and stakeholders Customer and stakeholder analysis Managing expectations and the 'shared vision' concept to ensure customer co-operation, satisfaction, and delight 7 Working with suppliers Creating and developing commercial relationships Types of relationship How to manage difficult relationships Contractor motivational issues How to use incentives 8 Negotiation and related skills Introduction to key negotiation skills Persuading and influencing skills to work with stakeholders to improve outcomes for all 9 Dealing with change Claims and variations How to challenge contractor claims and requests for variations by making use of contractual terms Specifications to prevent false claims 10 Performance improvement How to measure and improve contractor performance Developing KPI systems Using contractual terms and conditions and basic legal principles 11 Contract close The importance of effective contract close processes 12 Close Review of key learning points Personal action planning
This two-day programme gives the key insights and understanding of contracting principles and the impact they have on business and operations. The course is designed for individuals involved in or supporting contracting who want to improve their commercial management skills; individuals in functions such as project management, business development, finance, operations who need practical training in commercial management; general audiences wanting to gain a basic understanding of commercial management. This is an assessed programme, leading to the International Association for Contracts & Commercial Management (IACCM)'s coveted Contract and Commercial Management Associate (CCMA) qualification. The programme addresses 31 different subject areas, across the five stages of the contracting process. By the end of the course the participants will be able, among other things, to: Develop robust contract plans, including scope of work and award strategies Conduct effective contracting activities, including ITT, RFP, negotiated outcomes Negotiate effectively with key stakeholders, making use of the key skills of persuading and influencing and to work with stakeholders to improve outcomes Set up and maintain contract management systems Take a proactive approach to managing contracts Make effective use of lessons learned to promote improvements from less than optimal outcomes, using appropriate templates Develop and monitor appropriate and robust Key Performance Indicators to manage the contractor and facilitate improved performance Understand the approvals process and how to develop and present robust propositions Make appropriate use of best practice contract management tools, techniques and templates DAY ONE 1 Introductions Aims Objectives Plan for the day 2 Commercial context Explaining the contracting context Define the key objective The importance of contact management Impact upon the business 3 Stakeholders How to undertake stakeholder mapping and analysis Shared vision concept, How to engage with HSE, Finance, Operations 4 Roles and responsibilities Exploring the key roles and responsibilities of contract administrators, HSE, Finance, Divisional managers, etc 5 Initiating the contract cycle Overview of the contracting cycle Requirement to tender Methods Rationale and exceptions 6 Specifications Developing robust scope of works Use of performance specifications Output based SOW 7 Strategy and award criteria Developing a robust contract strategy Award submissions/criteria 8 Managing the tender process Review the pre-qualification process Vendor registration rules and processes Creation of bidder lists Evaluation, short listing, and how to use of the 10Cs© model template and app 9 Types of contract Classify the different types of contracts Call-offs Framework agreement Price agreements Supply agreements 10 The contract I: price Understanding contract terms Methods of compensation Lump sum, unit price, cost plus, time and materials, alternative methods Cost plus a fee, target cost, gain share contracts Advanced payments Price escalation clauses DAY TWO 11 Risk How to manage risks Risk classification Mitigation of contractual risks 12 Contractor relationship management session Effectively managing relationships with contractors, Types of relationships Driving forces? Link between type of contract and style of relationship 13 Disputes Dealing with disputes Conflict resolution Negotiation Mediation Arbitration 14 Contract management Measuring and improving contract performance Using KPIs and SLAs Benchmarking Cost controls 15 The contract II: terms and conditions Contract terms and conditions Legal aspects Drafting special terms 16 Managing claims and variations How to manage contract and works variations orders Identifying the causes of variations Contractor claims process 17 Completion Contract close-out process Acceptance/completion Capture the learning/HSE Final payments, evaluation of performance 18 Close Review Final assessment
Domestic Abuse Perpetrator Program 'Empowering Change'
Nowadays not only do we rely on our commercial and sales staff to hit that bottom line but we expect our engineers and project teams to play their part too - not only through their engineering and management skills but by behaving in a commercially minded way in their dealings with their counterparts in customer or supplier organisations. This means understanding, amongst other things, the issues surrounding the commencement of work ahead of contract, having a clear contract baseline, recognising the broader implications of contract change, the need for timeliness and the consequences of failing to meet the contracted timetable. This practical one-day programme has been designed specifically to give engineers, project staff and others just that understanding. The course is designed principally to provide engineers and project staff with an appreciation of contractual obligations, liabilities, rights and remedies so that they understand the implications of their actions. It is also suitable for business development staff who are negotiating contracts on behalf of the business. The main focus of the day is on creating an awareness of when a situation may have commercial implications that would harm an organisation's business interests if not recognised and handled appropriately and how taking a positive but more commercial approach to those situations can lead to a more positive outcome for the business. As well as providing an understanding of the commercial imperatives the day also focuses on specific areas affecting engineers and project staff, such as the recognition and management of change, the risks when working outside the contract and managing delays in contracts. The course identifies the different remedies that may apply according to the reasons for the delay and provides some thoughts on pushing back should such situations arise. On completion of this programme the participants will: appreciate the need for contractual controls and will have a better understanding of their relevance and how they can be applied, particularly the issues of starting work ahead of contract, implementing changes and inadvertently creating a binding contract by their behaviour; have gained an understanding of the terminology and procedural issues pertaining to contracting within a programme; and be more commercially aware and better equipped for their roles. 1 Basic contract law - bidding and contract formation Purpose of a contract Contract formation - the key elements required to create a legally binding agreement Completeness and enforceability Express and implied terms Conditions v warranties The use of, and issues arising from, standard forms of sale and purchase Use of 'subject to contract' Letters of intent Authority to commit 2 Change management Recognising changes to a contracted requirement Pricing change Implementation and management of change 3 Key contracting terms and conditions By the end of this module participants will be able to identify the key principles associated with: Pricing Getting paid and retaining payment Cashflow Delivery and acceptance Programme delaysExamining some reasons for non-performance...Customer failureContractor's failureNo fault delays ... and the consequences of non-performance: Damages claimsLiquidated damagesForce majeureContinued performance Waiver clauses and recent case law Use of best/reasonable endeavours Contract termination 4 Warranties, indemnities and liability Express and implied warranties Limiting liability 5 Protection of information Forms of intellectual property Background/foreground intellectual property Marking intellectual property Intellectual property rights Copyright Software Confidentiality agreements Internet
If your organisation manages contractors then your staff need to understand the health and safety issues. This course is the answer. The expert trainer will set out clearly the legal responsibilities of all relevant parties and explore the practical application of these responsibilities with the course participants. The course will then examine the issues associated with the planning of work to be contracted out and the evaluation, selection, control and monitoring of contractors engaged to undertake the work. Although the main focus is on health and safety, the course will also explain how health and safety issues need to be integrated into your organisation's functional management processes to ensure effective control of contractors. The course will consider all types of contracted activities, including construction and maintenance, cleaning, security, plant installation, etc. This programme will give participants: A clear understanding of the organisation's legal responsibilities for managing contractors The information they need to assess the competence of contractors A practical understanding of risk assessment principles and the transfer of risk to contractors A step-by-step guide to the key aspects of managing contractors in practice, covering:Planning of the workSelecting contractorsHandover prior to work commencementDuring the workReviewing the work on completion Practical guidance on the integration of health and safety controls into organisational procedures for contractor management 1 Introduction Who are contractors? Why manage contractors? Different types of contractors Costs of poor contractor performance 2 Overview of health and safety law and liability Health and safety law and statutory duties Relevance of civil and criminal law Enforcement and prosecution 3 Relevant legislation for controlling contractors Health and Safety at Work Act 1974 Management of Health and Safety at Work Regulations 1999 Construction (Design and Management) Regulations 1994 (as amended, 2007) Other relevant legislation Contract law 4 Managing contractors in practice Exercise - how well is it happening? The objectives Five step approachPlanning of the workSelecting contractorsHandover prior to work commencementDuring the workReviewing the work on completion 5 Planning the work Scope and extent Risk assessment Interface and other activities Who controls what? Contract arrangements 6 Selecting the right contractor(s) Locating contractor organisations Selection the right contractors Assessing contractor competence Approved lists/frameworks Tender process 7 Pre-work commencement Co-ordination and co-operation Exchange of information Contractor risk assessments and method statements Permits to work Case study exercise 8 During contract work Communication and liaison Supervision and inspection of the work Inspection and reporting procedures Security issues Facilities and access 9 Reviewing work on completion Why, what and how? Achieving continuous improvement in contractor performance 10 Questions, discussion and review
This course aims to provide a more in depth understanding of confidentiality and record keeping. Providing information on the importance of accurate and true record keeping.