The information in this vertical column ... "About Johnny" ... starts with Johnny's high school graduation. Although Johnny did not graduate with honors from high school ... he was honored just to graduate. That summer (after high school graduation) before starting at Baylor he got a summer job working on the Parkhurst Farm near Sedalia with his friend Roy C. Then, during the week-end evenings he could be seen cruising around town in his old 2-ton Chevy flatbed truck on the main drag (Ohio Street) and around the local hamburger joints - Garse Drive-Iin, Dog 'n Suds, and Wheel-In with his buddies - Gene M, Dick R, Jim J, and Bill C. He especially liked to drive the old truck to high school daily. Johnny also used that old flatbed truck to pick-up, haul, and stack hay for local farmers for 10 cents a bale.
Four years after graduating from Smith Cotton High School (Sedalia, Missouri) in 1963, Johnny became a Baylor University BA graduate in 1967 majoring in Political Science and minoring in Oral Communication. Dr. Glen Capp was his favorite Baylor professor. Dutch Schroeder was his favorite Baylor coach. Johnny (as a pitcher and outfielder) played a lot of baseball in those days for the Freshman Baylor University Baseball Team (being the Baylor University Freshman Baseball team's starting pitcher in 1964 as a "walk-on" player against University of Texas, Texas A&M, SMU, and others). (Ask Johnny for some details about his 9 inning 2 to 1 baseball loss in the bottom of the 9th to Texas A & M in College Station at the old Olsen Field in 1964). Baylor played its home games in those days at the Dutton Field on South 15th Street in Waco.
Johnny then started playing for the well-regarded and very-solid Waco Braves semi-pro baseball team managed by Coach Henry during 1964, 1965, 1966, and 1967 seasons. While playing for the Waco Braves in 1967 Johnny set a team record that year as the only starting pitcher to hit an over-the-fence home run and be the winning pitcher in the same game. The Waco Braves played in the 1905 - built Minor League Katy Ball Park. Both Babe Ruth and Lou Gehrig had played there. In 1930 the Left Fielder - Gene Rye - performed an amazing feat in the Katy by hitting three homers in the same inning. It has never been and never will be duplicated in professional baseball. Johnny always felt honored to have pitched in that history-rich Katy Ball Park. "Baseball is 90% physical and the other half is mental." (Yogi).
During the summer of 1967 he heard of an open try-out for the Class "A" Burlington Bees (1967 W56/L59) minor league baseball team in the Class "A" Midwest League in Burlington, Iowa. The Bees at that time were affiliated with the old Kansas City Athletics. He decided to give it a shot. So, he drove his Buick Special from Kansas City (where he was working for the summer at the Lake City Army Arsenal packing machine gun shells on machine gun belts before the start of law school) to Burlington, Iowa to participate in the try-out session. He heard that their 1967 roster contained 19 pitchers out of a total 40 man roster. In 1967 Al Ronning was their manager. They were continually looking for pitchers to help them break out of the middle of their 10 team league. After participating in throwing, catching, running, and hitting drills, he was chosen by the Bees Manager to be one of the two starting pitchers in their 9 inning practice game. He pitched 5 innings of solid baseball, however, he was not selected to join the team primarily due to his high military 1-A draft status. He later realized that he lacked the consistent velocity that is required to be successful as a Class "A" baseball pitcher. He chalked it up to at least a good experience.
In 1961 Roger Maris (with 61 homers) beat Babe Ruth's single season 60 home run record. During this time period the hitters dominated the pitchers. To reduce the power of hitters like Maris and to strengthen the pitchers, the Commissioner of Baseball in 1963 enlarged the strike zone to cover the distance from the knee to the shoulder. That's a big strike zone. Johnny was quite aware of this dominance that was given to pitchers starting about the exact time he started at Baylor. Johnny appreciated the enlarged strike zone. Today, however, the strike zone is reduced to cover the area from the bottom of the knee to the belly button (midpoint) area (subject to the discretion of the behind-the-plate umpire). This was also about the time (mid 60's} that the baseball Commissioner raised the pitchers' mound from 10 inches to 15 inches to help the pitchers Today, however, the mound is back to 10 inches.
Johnny is currently a baseball member of the Baylor "B" Association for former Baylor
Letter Men / Letter Winners. (See: https://blogs.baylor.edu/buletterwinners/?s=b+association )
During Johnny's senior year at Baylor he was asked by Dr. Glen Capp (head of Baylor's Communication Department) to fill-in as a last-minute substitute debater in the annual Baylor Southwest Conference Debate Tournament along with Art D, (then Baylor's Baseball Radio Announcer) as Johnny's debate partner. Art and Johnny were friends through Baylor Baseball. The debate topic that year was the pro's/con's of the Lyndon Johnson's Great Society. Art and Johnny did not win very many debate rounds ... however ... they had a great time proposing unorthodox arguments against very good college official debate teams from around the Southwest Conference. Art and Johnny did not win any debate trophies but they had a lot of fun.
Johnny made some life-long friends at Baylor including: Mitch W; David S; Chuck D; Phil P; and Gary J. Baylor is a great university that delivers a tremendous amount of tangible and intangible benefits.
Next he moved on to law school and after finishing the first year of law school and going deep into the first semester of the second year of law school, Johnny was drafted by the Pettis County Draft Board into the US Army. Military Draft Deferments (for educational purposes) were not available for law students in those days.
Upon completion of US Army Basic Combat Training and Leadership Training at Ft Leonard Wood, Missouri, Johnny was selected as "Top Man" on January 31, 1969 of his Basic Combat Training Company by the base commander Colonel Irving C. Hughes, Infantry Commanding. Johnny learned in Army Basic Combat Training that the more you sweat in peace, the less you bleed in war.
Johnny worked in S-2 Security & Intelligence (442nd Signal Battalion - 29th Signal Group - Southeast Asia / Northern Thailand) during the Vietnam era. This was not long after the Tet Offensive in Vietnam and things were pretty active in Vietnam, Laos, and Cambodia. He did two tours of duty in northeast Thailand (November 1969 to November 1970 ... and ... November 1970 to August 1971). During those two deployments Johnny was engaged in supporting Signal Corp matters in Thailand, Laos, and Monkey Mountain, Vietnam. During a part of this time he was also concurrently in-charge of the Camp Friendship Signal Corp Photo Shop. He was also the winning fast pitch pitcher of the final championship fast pitch game for the US Army team in the 1970 Korat Camp Friendship Thailand US Army Base Tournament and was awarded the game ball inscribed with the 6 to 5 final score. Upon the approval of LTC Ed Jones (Johnny's Battalion Commanding Officer), Johnny was awarded the US Army Commendation Medal in August 1971 for his performance during those Southeast Asia deployments. He also received the Republic of Vietnam Medal, and the Vietnam Service Medal due to his support and involvement in Laos, and Vietnam.
Johnny made some great friends while in the Army including: John H; Danny T; Gary J; and Ed J. The Army is a great teacher.
After his military service, Johnny re-started the second year of law school and two years later he became a University of Memphis - Cecil C. Humphreys' School of Law - JD graduate. He was best known in law school (not for scholarship) but rather for catching the game winning touchdown 30 yard pass thrown by the PAD quarterback (Mike C.) as time expired in the 1968 Memphis Law School Football Championship.
After graduation from law school, he taught Business Law as a full time Assistant Professor at Central Missouri State University. (Later in his career, he also taught Business Law courses at State Fair Community College and Austin Community College as an adjunct instructor in addition to his then-current jobs). Johnny's advice to college students: "Whatever you are ... be a good one !
Following that, Johnny practiced law in Sedalia, Missouri for 5 years in general law practice. During this period he served as President of the Pettis County Bar Association in 1975, He also served on the Board of Directors of the Boys' Club of Sedalia in 1976-1978. Practicing lawyers say they consider their profession to be a noble and respected one, lawyer jokes aside. And they've heard all the lawyer jokes. Most lawyers say that they decided on a law career to make a difference, and they feel fulfilled in their career choice because they are serving justice and giving a voice to the people who need a voice.
Next, he became a University of Missouri-KC Law School LLM graduate. The LLM Degree is the terminal degree in law.
Later, for more than 40 years, he worked in the following value-added team member roles (listed below): consultant, legal advisor, freelancer, assistant professor, category manager, contractor, service provider, subject-matter expert or as an employee performing legal services and contracts management services. He performed the above-roles for the following entities as a value-added team member assisting these entities provide successful solutions for customers / clients.: US Army, Central Missouri State University, Whiteman Air Force Base, State Fair Community College, Midwest Research Institute (MRI), Tracor Inc., Tracor Aerospace Inc., Austin Community College, Texas Instruments, Radian Corporation, Radian International LLC, Radian Engineering Inc., Radian SEA Limited, Pervasive Software Inc., Microelectronics Computer Technology Corporation (MCC), Total Chemical Management (TMC), URS, CH2M Hill, University of Texas at Austin, YRCI, Lumen Legal, Accenture, Accenture Procurement Solutions, BCForward, PCALLC, WellAware Holdings, Inc., Tango Flight Inc., Mason Black, and others.
As a result of the specific work that he was doing, he was granted a Top Secret Security Clearance during his military service as well as later during a portion of his civilian employment.
While working with these entities on a value-added team member basis, he has worked in-person ("boots on the ground") at their client / customer locations in Washington DC,, Dallas, Houston, Los Angles, Sacramento, El Paso, Chicago, Milwaukee, Kansas City, Minneapolis, San Francisco, Detroit, Philadelphia, Memphis, San Diego, Atlanta, Boston, San Antonio, Australia, Hong Kong, Thailand, Mexico, and other locations.
Currently, in addition to his law practice in Bryan, Texas ("The John E. Miller Law Office") where he focuses on the legal aspects of "Contracts Management" (JohnnyAttorney.com) he owns and operates "Johnny Pickleball Sports", a distributor / dealer of sports equipment in Bryan / College Station, Texas: (See -www.johnnyPickleball.com ).
Additionally Johnny owns and operates "Con-tracts.com Consulting" providing contracts management / contracts manager-like services.
(See: www.con-tracts.com )
Johnny is married to a great wife and has two super children as well as four wonderful grandchildren.
Johnny's Career and Personal Goal;
*BLOOM WHERE PLANTED -
*DO THE RIGHT THING -
*NEVER GIVE UP -
JOHNNY'S WEB SITES
The John (Johnny) E. Miller Law Office
A Con-tracts.com Consulting web site
A Pickleball sales web site
A web sie about Artificial Intelligence
A landing page index web site to Johnny's web sites
"JOHNNY PICKLEBALL" IS A REGISTERED TRADE MARK OF JOHN E. MILLER
"PCAP" AND "CON-TRACTS.COM" ARE TRADEMARKS OF JOHN E. MILLER
(C) COPYRIGHT 2014 - 2018
JOHN E. MILLER
ALL RIGHTS RESERVED
"Trust in the Lord with all your heart and lean not on your own understanding , ..." Proverbs 3:5
John ("Johnny") E. Miller is the founder, owner, and operator of "The John E. Miller Law Office".
His Contracts Management focus areas are:
*Commercial Agreements for Products
*Commercial Agreements for Services
*Master Services Agreements
*Independent Contractor Agreements
*Joint Cooperation Agreements
*Strategic Alliance Agreements
*Sales Representative Agreements
*Beta Test Agreements
*Service Level Agreements
*Statements of Work
*Non Disclosure Agreements
*Support, Maintenance, and Training
"BPO Agreements" and
*Other Similar Agreements
In his multitude of legal services assignments and contracts management experiences as an advisor, an employee, a consultant, a category manager, and as a contractor,
Johnny has provided accurate, creative, innovative, prompt, and cost-effective legal services / contracts management solutions for many large, medium, and small businesses in many technology and industry domains. He works with buyers, sellers, resellers, suppliers, contractors, manufacturers, owners, OEMs, VARs, sales representatives, R & D entities, professional entities, service providers, SAS companies, software & technology licensors, and other parties.
He is well regarded as a team player. He builds win-win lasting relationships with suppliers, service providers, customers, partners, collaborative entities, and other parties. Johnny is known for helping management, as needed, in expanding viable markets and sales channels, and collaboratively developing legal services and contracts management options. Likewise, he assists buyers with contractual issues in various category management areas. With his legal services and contracts management savvy Johnny has developed a reputation of engaging problems with a disciplined, process approach, and in an effective manner properly communicating with all stakeholders.
He has been assigned the following job titles in his various key engagements: Attorney-at-Law; Legal Counsel; Director on Board of Directors; Company Secretary; Legal Services Category Manager; Director of Contracts; General Counsel; Company Counsel; Legal Services Subject Matter Expert; Consultant; Outside Counsel; Environmental Services Subject Matter Expert; Export Compliance Point of Contact; Vice President; Instructor of Business Law; Assistant Professor of Business Law; and Owner - Law Office.
* Fifty Tips for Your Statement of Work (SOW) - NCMA Contracts Management (CM) Magazine in August 2007. This article was awarded the 2007 Charles j. Delaney Memorial Award (presented by NCMA) as the most outstanding article in the CM Magazine in 2007
* Corporate Achievement Award - Radian Corporation, Austin, Texas
*Johnny was selected as "Top Man" on January 31, 1969 of his Basic Combat Training Company by the base commander Colonal Irving C. Hughes, Infantry Commanding.
*United States Army Commendation Medal
*Missouri Bar Association"
(Currently in-good-standing but Inactive)
*State Bar of Texas" (Currently Active and in-good-standing)
"CPCM" (Certified Professional Contracts Manager) awarded by NCMA after passing qualification exam) (Active and in-good-standing )
PRO BONO ACTIITIES
* Austin Lawyers Care
* Tango Flight
* Selected Individuals in Brazos
WellAware review of John Miller
Posted by Matt May 28, 2015
Johnny Miller is one of the most professional, efficient, and prepared attorneys I've dealt with in my career. His vast knowledge and access to existing contracts helps to streamline business processes which accelerates commercial opportunities and minimizes typical delays.
Excellent Business and IP Attorney
Posted by Russ October 14, 2014
I have been a client and partner with John Miller for more than 20 years. During our time at Radian International, he handled numerous technical contracts for my division as well as IP issues and international business strategy. He is an ethical and professional attorney whom I recommend without hesitation
JOHN ("JOHNNY") E. MILLER
AVVO RATING: 8.7 out of 10
An organization established by Accenture of former Accenture professional employees
"For we live by faith, not by sight."
2 Corinthians 5:7
Johnny's recently published National Contract Management Association (NCMA) "Contract Management Magazine" Articles and Johnny's Recent Articles in Other Publications:
* Fifty Tips for Your Statement of Work (SOW) - NCMA Contracts Management (CM) Magazine in August 2007. This article was awarded the 2007 Charles j. Delaney Memorial Award (presented by NCMA) as the most outstanding article in the CM Magazine in 2007.
* A Simple Template for Service Level Agreements (SLAs) - NCMA CM Magazine in April 2008
* The Preferred Provider Partnering Program (P-4) - NCMA CM Magazine in March 2009
* Your Four Step Negotiations Checklist - NCMA CM Magazine in Feb 2008
* Forty Indemnification Clause Review Tips - NCMA CM Magazine in March 2007
* Forty Five Non Disclosure Agreement Review Tips - NCMA CM Magazine in Nov 2006
* US Patents: Thirty Factors for Contracts Professionals to Consider - NCMA CM Magazine in Jan 2008
* Twelve Practical Reasons to Use Written Contracts with Suppliers and Service Providers - NCMA CM Magazine in Oct 2008
* Sixty Practical Contract Drafting Tips - NCMA CM Magazine in April 2006 . In May 2018 Hull Youngblood (Ford Murray pllc) used this article as part of his contract drafting presentation at Baylor Law School).
* A Checklist for Joint Collaborative Agreements - NCMA CM Magazine in Oct 2009
* International Sales Agreements Checklist- NCMA CM Magazine in Jan 2010
* The Off Shore Outsourcing of Commercial Contracts Management (Original) - NCMA CM Magazine in April 2009
* The Off Shore Outsourcing of Commercial Contracts Management - (Re-published) - Texas Transnational Law Quarterly (State Bar of TX) in June 2009
* Business Insurance Broker Agreements - NCMA CM Magazine in May 2009
* Your Checklist for Outside Counsel Agreements (Original) -NCMA CM Magazine in July 2008
* Your Checklist for Outside Counsel Agreements (Re-published first time by Board of Contract Appeals Bar Association's "The Clause") in September 2008
* Your Checklist for Outside Counsel Agreements - (Re-published second time by Association of Corporate Counsel's "Docket" Magazine - in March 2010)
* Inventorship - NCMA CM Magazine - October 2010
* 115 Issues in Commercial Services Agreements for the Service Provider - NCMA CM Magazine - June 2011
* Contract Legalese Reduction Tips – NCMA CM Magazine - December 2012
* Start-Up Entity Intellectual Property Due Diligence Checklist - NCMA CM Magazine - September 2013
* Recommended Reading Reference to 14 Important, Practical, and Useful Inventorship Issues (October 2010 NCMA CM Magazine) on page 36 of Certified Professional Contracts Manager Study Guide – 2nd Edition (NCMA) 2011
* Recommended Reading Reference to 115 Issues in Commercial Services Agreements for the Service Provider (June 2011 NCMA CM Magazine) on page 154 of Certified Professional Contracts Manager Study Guide – 2nd Edition (NCMA) 2011
+ Managing Contractual Risk Issues in Commercial Contracts Management, NCMA CM Magazine, January 2014. This article was re-published in january 2018 by NCMA CM.
* Breaking Down Anti Reverse Engineering Clauses To BuIld Up Practical Agreements (Januay 2017 CM Magazine)
Copies of any of these articles and others are available upon request.
WHAT IS CONTRACTS MANAGEMENT?
Contracts are the one of the most important aspects of a business or other entity. The contract establishes the applicable warranty, indemnifications, limitation of liability, scope of work, schedule, period of performance, terms and conditions, prices, requirements, references, specifications, assumptions, service levels, tasks, deliverables, reporting, and other provisions governing a contractual relationship. Today, many companies and other entities are requiring proactive contracts management for improved contractual visibility, efficiency, economics, risk minimization, control, and operational performance.
Contracts management (according to CMBOK 3rd Edition) is the process of managing contracts, deliverables, deadlines, and contracts terms and conditions while ensuring customer satisfaction. It does not end when the contract is awarded. Contracts management is a mature profession, but still growing. It covers pre-award, award, and post-award. CMBOK 3rd Edition indicates (to some extent) that contracts management also includes certain specialized knowledge areas (R&D, A&E/Construction, IT, Major Systems, Services, International, State/Local, Supply Chain, PBA, Government Property, Security, Environmental, FMS) and certain business areas (Management, Marketing, Financial Analysis, Accounting, Budgeting, Economics, Leadership).
NCMA describes “Contracts Management” as follows: Contracts management is a profession that includes many positions along the buying and selling chain, including jobs within the federal government, industry, commercial businesses, academia, and more. Contracts management professionals strive to: (1) Manage customer and supplier expectations and relationships, (2) Control risk and cost, and (3) Contribute to organizational success. Contracts management integrates a broad set of business disciplines and involves working closely with all areas and departments within an organization.
Contracts management involves the proactive management of a wide variety of commercial, international, government, collaborative, consortial, relationship, and other agreements in accordance with best practices, applicable entity policies and procedures, compliance programs, applicable laws, and the other requirements of the parties. It generally encompasses contract planning, contract designing, contract drafting, contract negotiation, contract modification, contract administration, use of best practices, contract close-out, contract assessment, lessons learned activities, and other similar items.
Contracts management can help to improve contractual performance, reduce contractual risk, improve customer/provider satisfaction, and enhance the contractual economics for the following types of entities: (1) sellers of products; (2) purchasers of products; (3) services providers; (4) purchasers of services; (5) licensors or licensees of software, technology, and processes; and (6) the parties to other types of agreements.
The information on this web site is provided for general informational purposes only and is not intended to be legal advice to you or others. The general information on this web site is not a substitute for the advice of a competent attorney in your state or jurisdiction. The attorney client relationship is not established by viewing or using this web site information.
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