Finance & Contract Administration Council

May 13-14, 2015
Sessions: Offices of Barnes & Thornburg
Hotel: La Quinta Downtown Chicago
Chicago, Illinois

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Hotel Reservations:
Our host hotel, La Quinta Downtown Chicago, is now sold out for our dates. Additional hotels within an easy cab ride's distance include the Holiday Inn & Suites-Chicago Downtown, the Crown Plaza Chicago Metro Downtown, and the Hotel Allegro Chicago.


Wednesday, May 13
8:00 - 9:00 a.m.
Registration and Continental Breakfast

9:00 - 9:15 a.m.
Welcome and Introductions

9:15 - 10:15 a.m.
Licensing Agreements and OEM Contracts
Melissa Vallone and Jeff Gray
OEM and licensing partnerships can help bring your product to new, larger markets and/or can help your company expand and improve its own technology offerings. But before you sign that OEM contract or licensing agreement, make sure your company is protected. In this session, you'll learn best practices and pitfalls to avoid, as well as considerations such as:

* How to best handle warranty and application considerations
* Typical length of agreements
* Percentage typical licensing fees
* The best controls to assure engineering and financial compliance
* Managing risk

Melissa Vallone, a partner in the Chicago office of Barnes & Thornburg LLP, is a member of the firm's Intellectual Property Department and its Associations and Foundations Practice Group. She concentrates in information technology, trademark, trade dress, unfair competition, copyright, domain name and commercial contract issues. Her practice focuses on negotiating information technology contracts, intellectual property licensing agreements, trademark counseling, prosecuting domestic and international trademark applications, development and maintenance of trademark portfolios, and intellectual property litigation. She works with a variety of industries, including manufacturing, publishing, high tech and service industry clients, as well as not-for-profits and associations.

Jeff Gray is a partner in Barnes & Thornburg LLP's Chicago office and a member of the firm's Corporate Department. He has represented a broad-range of domestic and international clients, including Fortune 100 corporations, privately held entities, and entrepreneurs in an array of corporate, securities, real estate, and financing matters. He drafts and negotiates a variety of commercial agreements, including supply, distributorship, and independent sales representative agreements.

10:15 - 10:30 a.m.

10:30 - 11:30 a.m.
Contract Enforcement
Mike Zito
Contracts - even those entered into in good faith - are sometimes broken. Mike Zito will share strategies and techniques for enforcing a contract agreement, without souring the business relationship.

Mike Zito is a commercial litigator and partner in the Business Litigation and Corporate Services Division of Shook, Hardy & Bacon. He manages the firm's commercial receivables litigation group, which provides clients with a centralized management system for financial recovery actions. He has expertise in complex commercial litigation, asset investigation and judgment enforcement, strategic litigation management and alternative fee arrangements; counterclaim defense; and bankruptcy proceedings. He was named a "Client Service All-Star" in the 2014 BTI Client Service All-Star Team for Law Firms.

11:30 - 11:45 a.m.
'Buy American': Contract Considerations
Susan Button, Xylem Inc.
An overview of contract considerations and documentation requirements when dealing with "American Iron and Steel" restrictions.

11:45 a.m. - 1:00 p.m.
Networking Lunch

1:00 - 4:00 p.m.
Terms and Conditions: A Look at Both Sides of the Coin
Indemnification, warranties, limitation of liability, flow-down requirements, payment terms, damage clauses - it's enough to keep a contract administrator awake at night. What are some industry standards and best practices for negotiating fair terms and mitigating risk for your company?

In this highly interactive panel session, you'll hear perspectives from all sides of the negotiating table, offering insight into not just what contractors and owners are asking for, but why.

Phil Beck is a Partner in the Atlanta, Georgia, office of Smith, Currie & Hancock LLP, with a practice focusing on construction law, government contracts, and commercial litigation. He has represented contractors, owners, and manufacturers. A member of the Associated General Contractors of America (AGC) Board of Directors, he is a past Chair of that organization's Service and Supply Council and a past member of its Executive Board. He currently serves as Chair of the AGC Contract Documents Forum.

Jim Brown is General Counsel for Suez environnement Treatment Solutions and is a member of the WWEMA Finance & Contract Administration Council Planning Committee. Prior to working at Suez, Jim was a Staff Attorney for the U.S. Court of Appeals for the Fourth Circuit. He holds a juris doctorate from George Mason University and is a graduate of the U.S. Military Academy at West Point.

Robert Lewis is Director of Public Works for the Village of Westchester, Illinois. He has been involved in public works management since the 1979; prior to his current position, he served in the roles of Contract Administrator, Owners Field Representative, and City Engineer.

4:00 - 4:15 p.m.
ConsensusDocs Update
Jim Brown, SUEZ environnement Treatment Solutions
The latest news and information from ConsensusDocs, and organization of more than 40 associations representing diverse interests in the design and construction industry.

5:00 - 7:00 p.m.
Dinner: Lloyd's Chicago (included with registration)

Thursday, May 14
9:00 - 9:45 a.m.
Surety Bonds
Jeffrey Jubera
What are surety bonds, when are they used, and who benefits from them? In this session, attorney and claims specialist Jeff Jubera will share his expertise on surety bonds and will examine when, why, and how to file claims on them.

Jeff Jubera is Vice President - Claims and General Counsel for The Guarantee Co. of North America USA, a position he has held since late 2011. He has spent the past 20 years as an attorney handling surety/fidelity claims. He started in private practice at a law firm in Baltimore and then began his industry career at United States Fidelity & Guarantee Company. Through company mergers, he worked at St. Paul Fire & Marine and Travelers Insurance Co. He also spent time at Great American Insurance Company. Prior to law school, Mr. Jubera worked on the streets of Detroit as a Special Agent for the Bureau of Alcohol, Tobacco & Firearms.

9:45 a.m. - 12 noon
Hands-On Negotiations
Alan Fishel
Attorney and negotiations trainer Alan Fishel was the top-rated speaker at the 2013 and 2014 F&CA Council events. In this year's session, he will guide you through a hands-on negotiating session and then debrief you on what worked, what didn't, and what could have been improved.

Alan Fishel is a Partner at Arent Fox in Washington, D.C. He practices regularly in front of the Federal Communications Commission and is nationally recognized for his advocacy and transactional skills. He also provides seminars to in-house counsel, including for a chapter of the American Association of Corporate Counsel, regarding how to most effectively negotiate agreements.