The Sword Vs. The Shield: How to Transform your In-House Legal Department into a Profit Center

April 2013

Abstract

The Sword vs. the Shield concept, or philosophy, was presented to me in my first year of law school by my contract law professor at Chicago-Kent College of Law, in Illinois. On that particular day, she lectured on the basic principles typically relied upon when drafting contracts. The two foundational principles presented and discussed were: (1) Drafting a contract as a way of attacking the other side or, as we commonly refer to it today, creating a “one-sided contract,” where the terms heavily favor the drafting party. Taking the offensive in this way is really about wielding a “sword”. (2) Drafting a contract with defensive or protectionist clauses as a means of defending one’s position. This is what we refer to as using a “shield” to protect ourselves from risk.

Author

Jared Palmer

General Counsel and Director of Security, Afn, Llc, USA

Jared Palmer combines three disciplines – the law, logistics and business – to hone his expertise on theft prevention of high value and high risk commodities. As the General Counsel for AFN, one of the nation’s fastest growing logistics companies, Palmer leads a seven-person legal department with an excellent track record of implementing proprietary risk management processes so that shipments reach their intended destinations. His knowledge also extends to complex contract negotiations, business development management, risk management, security, and marketing. Palmer is a frequent speaker and author on topics related to transportation. Most recently, he presented at the Transportation Lawyers Association 2014 Chicago Regional Seminar, 2013 Transported Asset Protection Association's annual summit, the South West Transportation Security Council’s Cargo Theft Summit and Macy’s Supply Chain Asset Protection Summit. Palmer is also a regular speaker at the National Cargo Theft Task Force Annual Summit and the Institute for Defense & Government Advancement’s annual Cargo Security Summit In 2011, he participated in the production of a documentary “Crime, Inc.” which aired on CNBC and contributed to the book “Black Market Billions, How Organized Retail Crime Funds Global Terrorists”, by Hitha Prabhakar. Palmer serves as chairman of the Government Affairs Committee for the National Cargo Theft Task Force and is a member of the CargoNet Advisory Committee. He has authored numerous articles on cargo theft, logistics, insurance, and risks affecting the logistics industry. He is actively involved in federal lobbying efforts in Washington, D.C. on behalf of his company concerning issues regarding security, safety, tort reform and infrastructure. Palmer also taught, as an adjunct professor of transportation law at his alma mater, Chicago-Kent College of Law. Career Summary: Current: General Counsel/Director of Security, AFN LLC College Of Law Prior: Adjunct Professor, Chicago-Kent College of Law, General Counsel, 7Search.com Education: Chicago-Kent College of Law, Illinois Institute of Technology, JD, Intellectual Property Indiana University - Kelley School of Business, B.S., International Business, Legal Studies Sample Topics: Driving Theft Out of the Supply Chain Forming a Corporate-wide Security Council Global Markets and Complex Trade Networks Mitigating Cargo Theft through Information Sharing

Company

Afn, Llc

AFN Serving motor carriers, manufacturers and retailers since 2003, AFN (formerly known as Advantage Freight Network) is an award-winning leader in freight brokerage, third party logistics and transportation management services. Currently, AFN counts 6 of the 10 largest US retailers among its clients. We are known for our commitment to client service, our proactive approach to fighting cargo theft and our expertise in retail compliance. To learn more about AFN, visit http://www.loadafn.com or call 877-LOAD-AFN.

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