Due Diligence and Dont Be Sorry

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					Due Diligence and Don't Be Sorry
                                 Program Duration:                              46 minutes
                                 Program Track:                                 Peak Performance
                                 Release Date:                                  January 2005
                                 Program Code:                                  200501004000
                                 Program Categories:
                                 Business Management, IT Management, Security and Privacy, Sourcing
       Peter Vogel
Partner, Gardere & Wynne,
           LLP


Program Description:

Peter Vogel, partner and chair of the Computer Technology Practice Group at the Dallas-based law firm of Gardere Wynne
Sewell LLP, discusses the issues IT managers should negotiate with vendors to improve working relationships and avoid
disputes. In addition, he offers solutions to specific IT contract concerns that should help prevent performance problems that
frequently lead to lawsuits. Vogel makes his points through real-world scenarios that highlight problems his clients have
encountered over the years. In addition, Gary Williams, chairman of The Harbour Group, a business and technology
consulting firm also based in Dallas, describes situations he has faced while managing large-scale IT projects for Fortune
500 companies.

This revised version of one of WatchIT’s most requested programs has been updated with new multimedia resources, such
as Web links and white papers.

By watching this program, you will:

       Learn the best ways to avoid having disputes with IT vendors;

       Learn the seven absolute rules of computer contracts;

       Become familiar with six types of scenarios you may encounter whether you buy or sell IT services; and

       Be able to develop a manager’s checklist for negotiating with IT vendors.

Viewers of the online and CD versions of the program have easy access to Web links that include: ’10 Steps to Success’;
‘Bringing IT Back Home’; ‘Does Your Outsourcing Agreement Measure Up?’; ‘Five Rules for a Great BPO Agreement’; ‘Legal
Issues of Outsourcing’ and ‘Shaping Your Agreement: Ten Steps to Help You Steer Clear of Traps and Trouble.’ White
papers include: ‘Flexibility in Outsourcing - Can a Contract Really Deliver This?’; ‘Outsourcing Contracts Inside Out’ and ‘The
Outsourcing Agreement: Essential Elements and Recurring Flashpoints.’




W ATCHIT.COM | DUE DILIGENCE AND DON'T BE SORRY
Program Topics:


       INTRODUCTION
       AGENDA
       SEVEN RULES OF COMPUTER CONTRACTS: 1. No Computer Project Is Ever Completed on Time
       SEVEN RULES OF COMPUTER CONTRACTS: 2. No Computer Project Is Ever Complete
       SEVEN RULES OF COMPUTER CONTRACTS: 3. If You Can’t See the Software It Doesn’t Exist
       SEVEN RULES OF COMPUTER CONTRACTS: 4. There Are No Industry Standards
       SEVEN RULES OF COMPUTER CONTRACTS: 5. Don’t Buy Brand New Technology
       SEVEN RULES OF COMPUTER CONTRACTS: 6. Salespeople Know Absolutely Nothing
       SEVEN RULES OF COMPUTER CONTRACTS: 7. Contract Negotiators Are Never Around Later
       IT CONTRACT SCENARIOS
       IT Contract Scenario 1: Vendors With One Customer too Many
       How to Avoid Being the One Customer too Many
       Gary Williams: The Vendor’s Ability to Deliver Quality
       IT Contract Scenario 2: Reducing Software Development Costs
       Gary Williams: Managing Costs on an IT Transformation Project
       IT Contract Scenario 3: Rules for Investigating Outsourcing Vendors
       Reducing Risks in Outsourced Projects
       Allow Adequate Time to Evaluate Proposals
       Question Customers Similar to You
       Include Key People in Contract Negotiations
       Discuss the Reasons for Outsourcing With IT Staff
       IT Contract Scenario 4: Dealing With the Sole-Source Vendor
       Create a Master Agreement When Dealing With a Sole-Source Vendor
       Gary Williams: Dealing With Sole-Source Vendors
       IT Contract Scenario 5: The Impact of New Vendor Management
       Case Study: New Vendor Management
       Gary Williams: Setting Expectations for Inherited Projects
       IT Contract Scenario 5: Negotiating Successful Project Development Contracts
       Tie Payments to Deliverables
       Gary Williams: Tying Payments to Deliverables
       Anticipate and Include All Scenarios in Contract Negotiations
       LESSONS LEARNED – Include All Vendor Representations in the Contract
       Include All Vendor Representations in the Contract
       Document Everything You Do
       What to Do When Outsourcing Contracts Come to an End
       IT MANAGER’S CHECKLIST
       IT Manager’s Checklist: Successful Contracts Are a Collaborative Effort
       IT Manager’s Checklist: Involve Your Lawyer From the Start
       IT Manager’s Checklist: Evaluate Acceptance Criteria



W ATCHIT.COM | DUE DILIGENCE AND DON'T BE SORRY
       IT Manager’s Checklist: Include Migration Options in the Contract
       Gary Williams: Rules for Contract Negotiation
       CONCLUSION
       Gary Williams: Take a Long-Term View of Vendor Relationships
       Take Time Before Signing to Minimize Risk



   Presenter

   Peter Vogel
   Gardere & Wynne, L.L.P.

   Peter Vogel is a Partner with the law firm Gardere Wynne Sewell of Dallas, Texas, where he serves as Chair of the e-
   Litigation and e-Commerce and Computer Technology Practice Groups. Mr. Vogel holds a Masters in Computer Science
   and a Certificate in Data Processing, and has worked as a programmer, systems analyst, graduate school lecturer and
   management consultant. He has written and lectured nationally on computer law topics, including the Internet, e-
   Commerce, and the discovery of computer evidence. Mr. Vogel served as President of the Dallas Bar Association, and
   has been chair of a number of committees. In 1997, he was appointed Chair of the Judicial Committee on Information
   Technology by the Chief Justice of the Texas Supreme Court, and he previously served on the Information Technology
   Task Force of the Texas Commission for Judicial Efficiency. Mr. Vogel also serves as a Court Ordered Mediator and
   Special Master in Computer Technology Matters.

   Guest

   Gary A. Williams
   The Harbour Group

   Gary Williams co-founded the Harbour Group, a business and technology advisory consulting firm, in 1996. The
   company works with clients in energy, manufacturing, telecommunications, healthcare, and other industries. Before co-
   founding the Harbour Group, Gary Williams was senior vice president of Affiliated Computer Services. Prior to that, he
   was the Information Technology Consulting Partner with Coopers & Lybrand. He is a member of the McCombs School
   Information Systems Advisory Council.




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