If you have ever included the ICC's INCOTERMS 2010 provisions in a contract (for example, FOB, FAS, EXW, etc.), you know how convenient it is to incorporate "standard" pre-defined clauses by reference. In this webinar, IACCM president Tim Cummins and member D. C. Toedt outline a proposed project to take this concept even further by developing the IACCM Contract Protocols. The project will build on prior work by D. C. in organizing and systematizing contract language, which he uses in the contract-drafting class that he teaches as an adjunct law professor (see www.OnContracts.com/common-draft).The text of the IACCM Contract Protocols clauses will be freely available on the Web. We expect that the Protocols will help users to: Draft sophisticated contracts in minutes, using plain-vanilla word processing software, with no need for complicated document-assembly software; Quickly identify potential trouble spots in a Protocols-based contract by simply scanning the descriptive headings; Use the Protocols as a convenient reference when drafting non-Protocols contracts; Annotate copies of the Protocols to serve as negotiation "playbooks"; Train and coach less-experienced contract professionals.\r
Certainly the goal of the Protocols project is not to announce that any particular business terms are supposedly "the standard." Instead, the intent is to provide contract professionals with additional tools for faster drafting, review, and training, to help them stay responsive to the ever-increasing needs of the business side.We expect that in the long term, the IACCM Contract Protocols will help contract professionals to focus less on low-value word-smithing and more on high-value business principles - which in turn can lead to their having greater influence and authority in their organizations.Hear more about the IACCM Contract Protocols project, give us your input, and (we hope) volunteer to help out as a drafter, reviewer, or kibbitzer. Please contact Sandra Lewy at slewy@iaccm.com if you are interested. Our ExpertD. C. Toedt III D. C. Toedt (his last name is pronounced "Tate") is a Houston attorney and an active member of the IACCM. He recently completed a one-year term as co-chair of the Commercial Transactions Committee of the Business Law Section of the State Bar of California.Licensed in both Texas and California, D. C. was formerly a partner and member of the management committee of a 150-lawyer intellectual property boutique litigation firm. He became vice president and general counsel of a software company (which as outside counsel he had helped the founders to start) after the company's initial public offering, serving there until its successful "exit" when it was acquired by the world leader in its field. In between college and law school at the University of Texas at Austin, where he served on law review, he did his ROTC scholarship payback time as a U.S. Navy nuclear engineering officer. D. C. was the author of the first edition of a one-volume treatise, The Law and Business of Computer Software, now published by Thomson West. In addition to his law-school teaching as an adjunct professor, he is a frequent speaker and panel chair at continuing-legal-education conferences and Webinars.
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