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How Legal and

Procurement Can Partner


for Business Efficiency

January 2024
Ashlyn Donohue
Director, Legal at LinkSquares

Speaker
Jonathan Greenblatt
VP, Legal at LinkSquares

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The Power of Partnership
Strong organizational alignment results in increased deal velocity,
operational efficiency gains and risk mitigation
● Strategic alignment & shared goals
● Clearly defined roles and responsibilities
● Centralized process
● Enablement and readiness
● Risk mitigation & compliance

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Consequences of Poor Collaboration
● Delays in the procurement process: decentralized workflows and ambiguity in each team’s roles
and responsibilities results in friction in the process and delays

● Missed approvals / compliance risks: potential increase in compliance risks if cross-functional


review and/or approvals are missed

● Misaligned contract terms: lack of communication across the teams may result in contractual
terms that are not aligned with the team’s objectives

● Loss in cost savings: lack of partnership may result in missed cost savings

● Employee frustration: employees purchasing products and/or services become frustrated,


resulting in risk they’ll move forward without following the process

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What is the current state of your
procurement process?
POLL QUESTION - Robust procurement function
- Some in Finance’s side hustle
- Legal is filling these shoes
- There is no process - it’s the wild west

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Dedicated team running point on all
01 procurement requests (everything goes
through them)

What does procurement look like? Finance team member’s side hustle, with a
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“lightweight” procurement touch

Procurement Flavors
Legal is responsible for what traditionally may
03
be procurement activities (pricing?)

No one takes ownership - decentralization


04 results in each department owning their own
process

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Strategic alignment and shared goals

Clear Objectives Key Performance Enablement and Cross-Functional


Clearly Communicated Metrics Readiness Plan Collaboration

● Identify a common ● Request Volume - ● Create an ● Procurement


objective that new requests enablement and ● Legal
aligns with the submitted readiness plan that ● Security
overall company ● Service Level creates ● IT
goals Agreements (SLA) cross-functional ● Privacy
● Distribute goals to alignment and ● Finance
cross-functional provides ● Business Team
stakeholders awareness of the
overall objectives

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Scenario 1 Last Minute “Review and Approve” Request
- What are the operational
impacts of not signing by the Procurement has been working with the HR team for months to
end of the week? negotiate a complex deal with a new Human Resources
- Does the time-crunch impact Information System (HRIS). In order to migrate systems before
how legal approaches the the current provider’s contract is over, it's critical that your
review? company signs with the new vendor this week. Legal is engaged
- What steps can be taken to for review at 4PM on Thursday with an urgent ask to review and
come to agreement faster? approve for signature.

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Clearly defined roles & responsibilities

● Headcount efficiency: individuals clearly understand the scope of their


responsibilities, and work is not duplicated across teams

● Reduce friction and consistency in support: clear expectations across teams results
in consistency in support provided and reduced friction or conflict across teams

● Approvals/reviews completed: all required approvals and reviews are completed by


the appropriate teams, and there is no misset expectation that another team will
complete a specific task

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01 Identify product or service need

Centralized Process Find potential suppliers and evaluate


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Streamlined and centralized processes enable the proposals
adoption of operational efficiency measures aimed
at scaling support in a consistent manner
03 Negotiate contract terms and get approvals

04 Sign and receive products or services

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Are your approvals run in
parallel or sequential?
POLL QUESTION - Approvals are obtained in order
- Everyone reviews and approves at the
same time
- Approvals - what are those?

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Parallel or Sequential Approvals
Benefits of parallel approvals Benefits of sequential approvals

- Increased deal velocity - Headcount efficiency


(no one team resulting in significant delays) (no legal review until finance/security
have signed off)

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Critical Technology Provider
Scenario 2
Product submits an order form for a critical technology provider
- Would you take a different that is used in your software and the cost is $5,000, but the
approach negotiating? governing terms and conditions contained in a hyperlink include
- What terms are in your PO? one or two terms that as a company you refuse to agree to. The
- Does anyone internally need vendor refuses to entertain any edits, and Legal needs to
to review/sign-off? determine how to proceed.

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Understand what is being purchased
Business and commercial aspects Contract aspects

● What department is making the ● What type of agreement is required?


purchase?
● Do we have an existing agreement in
● What is being bought and why? place and when was it last reviewed?

● What approvals are required and have ● What is being bought and what type of
they been obtained? data will be shared/received?

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Centralize and streamline Automation creates
Centralize workflows providing
greater cross-functional
efficiency by reducing
manual effort and
process with visibility and alignment minimizing risk of errors

technology
Leveraging technology to implement
innovative solutions to optimize for
efficiency

Support compliance Enable real-time


initiatives by centralizing reporting on key metrics
approval workflows, such
as for audit purposes

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Does your procurement team
review and/or change contract
provisions without legal review?
POLL QUESTION - Absolutely not
- Depends on the agreement type and
cost
- Procurement is responsible for certain
provisions in all contracts

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Enablement and Empower cross-functional teams review and approval

readiness ● Create enablement materials to empower your teams to


understand the process, and right-size their risk review
and make autonomous decisions
● Business readiness and enablement materials (such as a
business checklist)
● Define and report on your success metrics

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Create enablement materials

Vendor playbook

● Add a risk-matrix and data


classification table to help your
team right-size review
○ Risk matrix by agreement
type

● Create separate sections for


various agreement types (SaaS
vendor terms and a hotel
agreement are not the same)

● Include the process, required


approvals, and each team’s
roles and responsibilities 18
Business readiness and enablement

Business Checklist*

❏ Entity Name
❏ Entity Address
❏ Contact Information
❏ Accounts Payable Email
❏ Products and Pricing

*Sample items
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Define and report on success metrics

Process/system adoption success* Contract metrics


● Readiness Consumption: ● Volume Reporting:
○ %age of recipients who opened the ○ New requests submitted
email ○ Unique requests reviewed
○ Number of impacted stakeholders who ○ Unique agreements signed
watched a training video / reviewed ○ Request volume by legal team member
content
● Request Types:
● User Adoption: ○ Number of requests based on request
○ Ideal user engagement metrics by type (SaaS vendor vs. hotel)
time-period ○ Number of requests by business team

● NPS (Satisfaction):
○ Surveys sent to key stakeholders
○ In-person feedback sessions with
frequent requester(s)
*Sample items
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Scenario 3 Cancellation Risks and Right Approver
- Who is responsible for
obtaining approvals as The CEO’s executive assistant submits a $1M event agreement
part of the initial deal for the company kickoff in 2025, but there is no cancellation
cycle? right. The executive assistant is insisting this is fine and there is
- Who would review / absolutely no risk that we’ll cancel, and is pushing to sign
sign off on this immediately.
provision?

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Risk mitigation & compliance initiatives
Risk mitigation
● Vendor due diligence
● Centralized workflow for approvals
(creates transparency across
cross-functional teams)

Compliance support

● Transparent audit trails (such as approvals)


● Creates efficiencies in compliance
monitoring (such as identifying vendors
processing PII)

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Technology/Product Agreements
Scenario 4
Finance wants to purchase a software solution, and the terms
- Can the language be include a non-compete that places restrictions on customers
narrowed to mitigate ability to develop products that function or have features the
risks/concerns? same or similar to the software. While the product isn’t the same
- Who ultimately makes the as what your company sells, this overly broad non-compete
decision as to whether to language may restrict development in the future.
restrict potential business
opportunities?

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Questions?
Additional
Resources
● eBook: Legal, Procurement, and the Power
of Better Partnership

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Thank you!

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