Large Storage Integration Project

Challenge:

A large storage manufacturer wanted to engage a local VAR/Integrator to assist in integrating their products with certain 3rd party products and delivering a solution to the manufacturer's customers, with the VAR serving as a subcontractor. The manufacturer insisted on some very onerous master subcontract terms and the negotiation had stalled before my firm was engaged.

Result:

We carefully focused on a limited number of very important changes in that master subcontract, provided our rationale and won those concessions. Later we added supplemental protections at the SOW level where the manufacturer's business team had greater authority.

Strategic National Subcontract

Challenge:

A large multi-location national VAR was asked to serve as a subcontractor on various development and installation service projects. The VAR was more focused on hardware, and as a result, the customer facing agreement was severely deficient in protections for the seller. The Agreement even failed to address IP ownership for the developed work!

Result:

We were engaged and revised the agreements to address all of the appropriate protections and the relationship proceeded. It is important to note that just because the they were a large national VAR and their agreements had been in use for years, that did not make them appropriate for this project. You cannot be afraid to make your needs known, in fact it demonstrates that you are familiar with the business and know how to act as a solid business partner.

Strategic National Subcontract

Challenge:

My client was asked to perform solution integration work for a large and prominent national association. The Association demanded to own all rights with the familiar "Works for Hire" provision. Unfortunately, while it sounds reasonable enough to say you want to own all that you pay for, if your are not careful it will create a presumption that you copied parts of that work when you do your next similar engagement.

Result:

We granted the National Association ownership but reserved a grant back license that would allow our personnel to provide similar works for others in the future without a presumption of copying.