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

Jared Palmer, General Counsel and Director of Security, Advantage Freight Network

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.

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USA Management Logistics April 2013 Vol. 6, No. 23, Spring 2013

Jared Palmer

Jared S. Palmer leads AFN LLC’s recently combined Client Services and Legal Departments. 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. AFN is known for its commitment to client service, proactive approach to fighting cargo theft and expertise in retail compliance. In this role, Palmer leads the logistics coordination and legal teams to focus on the strategic implementation of proprietary risk management processes so that shipments reach their intended destinations. During his tenure, he has helped distinguish AFN as an industry leader in theft prevention of high value and high risk commodities. He also developed and launched the AFN Strategic Partnership Summit, a unique annual gathering where shippers and carriers exchange information about industry issues. Palmer is an adjunct professor of transportation law at his alma mater, Chicago-Kent College of Law. Prior to acquiring his JD, he graduated as a Founders Scholar recipient from the Kelley School of Business at Indiana University. 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 and is actively involved in federal lobbying efforts in Washington, D.C.

Advantage Freight Network

USA Management Logistics April 2013 Vol. 6, No. 23, Spring 2013