I was at a conference focused on contracting and a law school professor asserted, “You have three ways to deal with risk. Transfer it. Accept it. Or Insure for it.” There is nothing much new with those options, shifting risk is a popular pastime. But I propose there is a fourth way that is even […]
Kate Vitasek
Secession as a Negotiation Tactic Will Only Go So Far
In a recent Seth Godin blog, Secession vs. Commitment, he talks about the negotiation tactic of leaving: it is powerful because “when the customer/partner/citizen could bolt at any moment, we act differently.” It may be powerful, but it is a short-term tactic. A better dynamic is commitment, because it is a “creation tactic.” When parties […]
APQC Report: Companies’ Procurement Skills Woefully Lacking
Article by Kate Vitasek published 10 Dec. 2019 in Forbes. Here is the link: https://www.forbes.com/sites/katevitasek/2019/12/10/apqc-report-companies-procurement-skills-woefully-lacking/#6c63883e79ed
Speaker.com: Podcast 51 – Vested Outsourcing Applied to Purchase Services – Interview with Kate Vitasek
Kate Vitasek on the Healthcare Supply Chain Best Practices Podcast Here is the URL: https://www.spreaker.com/user/10962649/podcast-51-vested-outsourcing-applied-to
Challenge the Status Quo
We should always challenge, or at least question, the status quo. The status quo is great only if you want the same thing you have always had. But today’s business world is dynamic and companies demand innovation and value creation. Lawyers should embrace change and more progressive thinking from academia that is proving to be […]
Every Vested Contract is Unique
We are often asked, and sometimes even begged, to draft and share a sample contract. People say, “If only I could have an example contract.” Let’s look at why this is a bad idea through the lens of an actual situation. Let’s take an example from ISS, a large facilities management service provider that has […]
“V for Vested!” — Oct. 2019 Public Sector Catering
Cover story titled, “What’s in it for we?” published in Public Sector Catering magazine. The article is based on a speech by Kate Vitasek. Here is the link: https://secure.viewer.zmags.com/publication/ccdad62b#/ccdad62b/18
Forbes — 22 Sept. — Guiding Principles
Follow Guiding Principles To A Successful Contract Article by Kate Vitasek published 22 Sept. in Forbes. A National Bureau of Economic Research paper highlights new research on how to overcome contractual incompleteness. Traditional contracting approaches have inherent flaws and a “new approach” that embeds informal social norms formally into a contract can help parties mitigate opportunistic behaviors, […]
Forbes — 8 September — UK-Bates
UK Court Says Post Office Agreements Are Relational Contracts Article by Kate Vitasek published 8 September 2019 in Forbes. Here is the link.
HBR IdeaCast — 3 September
The Inherent Failures of Long-Term Contracts — and How to Fix Them HBR IdeaCast interview with Oliver Hart and Kate Vitasek on 3 Sept. 2019. Here is the link: https://hbr.org/ideacast/2019/09/the-inherent-failures-of-long-term-contracts-and-how-to-fix-them.html
