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Berkman Insights

Updates and analysis about compliance, contract management, corporate entities, and risk management.

When will this contract end?

When will this contract end?
It can be surprisingly difficult to know when a contract ends. This article explains how to classify contract terms. For effective contract management, we need to know when to set automatic alerts and notifications. The contract termination date is critical to contract management.

Quick start guide to contract management

Quick start guide to contract management

A new year brings a fresh opportunity to get control of your contracts, finally. Contracts are often “filed and forgotten.” Sales or revenue generating contracts expire unexpectedly, while expense contracts automatically renew without notice.

You want to get control of contracts to help your colleagues, to grow your organization, and to protect the company. Where do you start when you are staring at so many contracts stored in so many places?

Here are practical steps toward better contract management.

3 Keys to Managing Evergreen Contracts

3 Keys to Managing Evergreen Contracts

While many lawyers and organizations prefer to avoid evergreen contracts, evergreen clauses survive in a variety of leases, service agreements, and purchasing contracts. Evergreen contracts create significant long-term risk and opportunity. Careful contract management is necessary to control for contract risk and preserve the upside.

Meeting minutes template: 7 mistakes to avoid

Board meeting minutes templates can improve the consistency of your meeting minutes. Templates for meeting minutes come with several pitfalls if not used properly. Avoid these seven mistakes to take better board meeting minutes and improve corporate governance.

The 20 Minute Risk Manager

The agenda for the quarterly senior management meeting has 20 minutes for "Contract issues." How to make the most of those 20 minutes when there are so many "contract issues" confronting the organization? The 20 Minute Risk Manager outlines how to make an effective risk management presentation.

The GRC Popularity Contest

An entertaining look at the search trends for goverance, risk management, and compliance. Read what 10 years of search history reveals about preferences for GRC.

How to Measure and Manage Legal Risk

Legal risk is one of the most difficult kinds of risk for organizations to measure and manage. This article explains how to define and classify legal risk so that organizations can develop an effective risk management strategy.

Behavioral health care: meeting contract management requirements

Treatment, compliance, and operations all tug at the management team of behavioral health care organizations everywhere. All three require equal attention. Emphasis on treatment will produce positive patient outcomes, but the financial of the organization will deteriorate. Compromising patient care to optimize business performance causes patients to vote with their feet. One of the neglected tools for the leadership team to balance all three is superior contract management.

Risk Management as a Legal Service

The Economist's March 21st, 2015 article, "Attack of the bean-counters. Lawyers beware: the accountants are coming after your business" identifies a second wave of legal hiring by accounting firms globally. The Economist takes the position that global accounting firms are building internal legal services capacity closely related to their core non-audit lines business. PwC, for example, is now the tenth largest legal services firm by headcount.

Insurance Certificates in Contract Management

Insurance Certificates in Contract Management
Insurance certificates are a critical part contract management. To improve risk management, contracts often require a party to carry certain insurance policies. The risk management benefits of these provisions are lost, unless you track the insurance certificates in addition to the contract.

6 Steps to Legal Risk Management

"How did this happen?" is the first question every general counsel or compliance officer has to answer once an organization is sued or receives a regulatory sanction of some kind. The answer is that the organization does not manage legal risks systematically as it does other risks. Legal risk remains one of the most challenging and least understood risks to manage.

Contract Management Software: Scheduled Reports

To pull information out of contract management software improves the work of the contract management team, including business lawyers, contract managers, corporate parlegals, and compliance officers. To push insight from contract management software, however, adds value to the entire organization.

Contract Risks

Contract management is no longer just about administration. Contracts create substantial legal risks that threaten the organization. Careful management at the senior levels is important.