Negotiation, Contracts and Commercial Law
As an experienced attorney, I am often called upon by my clients to serve as their lead negotiator for challenges and opportunities that they face, long before litigation is a possibility. I work to develop a common framework of understanding and agreement, and then work to ensure that the documents used to memorialize the agreement are clear and enforceable. Rather than negotiating by redlined document, I find my clients’ true interests and then seek the best possible outcome for them. Only once the terms are known can a good agreement be prepared.
My work as an Adjunct Professor teaching negotiation and conflict resolution partners very well with that real-world experience. My project teams work collaboratively to determine the best approach to a given negotiation, whether it be distributive or integrative bargaining. With my negotiation expertise, we fully assess the range of possible outcomes, best and worst alternatives, and even the risk associated with litigation should a project go awry. We then choose the best path forward and execute the project. My clients’ projects are more sophisticated, more clearly thought-out and more effectively negotiated and implemented because of my practical experience and subject matter expertise in negotiation, contracting and commercial law.
Working both on behalf of private enterprises and public bodies, I can navigate any regulatory environment. With the time and budget constraints inherent in any profitable and efficient enterprise, my clients know me to be results-oriented, able to work within their deadlines to accomplish any objective. More than just getting my clients the results they want, I work with my clients to assess their true objectives and to determine whether a given course of conduct or negotiation moves them in the desired direction.
I handle contract negotiation and review for entities with annual budgets in the hundreds of millions of dollars, and create contract review processes ensuring that every agreement, from the smallest to the most significant, face appropriate review. Once a contract is in place, I have implemented document management systems ensuring that all key dates for renewal, insurance review, renegotiation or other similar opportunities are identified, tracked and made use of.
In the course of my work, I have negotiated agreements in the most highly-regulated spaces, such as SAAS agreements governed by Criminal Justice Information Systems (CJIS) or Health Insurance Portability and Accountability Act (HIPAA) requirements on behalf of public and private health and public safety providers. I negotiate supply and manufacturing agreements, vendor and franchise agreements, telecommunications agreements (including telecom franchise agreements, wireless facilities lease agreements, IRUs and private fiber-optic networking and service agreements), and a host of other similar arrangements. For manufacturers and distributors, I draft agreements for their suppliers, subcontractors, logistics contractors, wholesalers, retailers, and every other party in the stream of commerce, pre and post-consumer. I help my clients understand when risk of loss transfers under the terms of their agreements and applicable codes and statutes, and work to optimize their processes to mitigate risk on the pre-transfer side of a transaction.
I have negotiated franchise-related incentive agreements and tenant-based site development agreements, as well as negotiated licensure agreements for the use of technology, equipment or intellectual property. My varied practice includes service in private law firms, and also experience as functional in-house counsel for key clients. My work has produced improvements and clarifications in the forms and agreements utilized by companies of all sizes, on both sides of the transactions that I am involved in, as ultimately a clearer agreement will be most beneficial to all involved.
Frieders Law, LLC
P.O. Box 1009
St. Charles, IL 60174