Contract litigation can make or break your business, regardless of your size. But there are ways to mitigate the risks even before they arise with experienced legal guidance and effective contract practices. In the event that you face a contract lawsuit, there are steps you can take that will improve your chances of a positive outcome and protect your business from unnecessary costs. Establishing a Read More
Investigating The Investor
Newspapers are filled with stories about unwary investors misled by duplicitous CEOs and corporate founders. But what is far less covered is the unreasonable or bad faith investor who peppers all levels of the organization with demands for information, who panics over every change in the marketplace or the business plan, who doesn’t trust management, who poisons fellow investors against the company, who tries to Read More
Seeing the Forest and the Trees: Six Tips for Effective Due Diligence
In Alice’s Adventures in Wonderland, Lewis Carroll created a topsy-turvy world peppered with riddles and puns. That world may feel familiar to anyone who has gone through the due diligence process, where opportunities for misunderstandings are rife. The goal, however, of due diligence is to demystify and clarify, which can best happen when the parties rely on process, structure and well-articulated expectations Read More
Using Mediation to Resolve Your Business Disputes
There are times when disputes between business partners arise, and it can be difficult to settle them without outside help. Mediation is a process that can help to resolve these disputes, and it can benefit both parties. To start, mediation is often cheaper than going to court. It can also be faster and more informal than traditional methods of dispute resolution. This means that it can be a good option for small Read More
Due Diligence Can Make or Break Your M&A Deal
When you’re selling a business, high-quality due diligence is essential to keeping both sides happy. Buyers want to ensure that your business really is what was agreed upon, and if provided poorly conducted due diligence, could back out of the deal. Sellers should ensure that they’re following these guidelines to prevent a deal from falling through. Conduct an Audit Buyers are primarily interested in confirming the Read More
The 5 Habits of Highly Effective Contracts
While no business can remove itself entirely from the risk of litigation, a well-written contract can certainly help. Your contracts should always serve your business, your relationships, and the deal at hand by providing both protection and a set of terms that clearly define the agreement. With these aspects of a quality contract in mind, you’ll be able to handle business disputes in the best way possible - Read More
Part II: Avoiding the “Contract Killers”
Beyond the more technical advice we provide our clients on their various business and intellectual property needs, we also counsel them to beware of “contract killers” that often lurk beneath the surface of a deal. These “contract killers” can range from entire provisions to one-word expressions. Examples include: Bad choice of law and forum. What law applies? And, if you sue or get sued, where does a lawsuit Read More
Part I: Making your Contracts Pull Their Weight
Contracts are, in a word, expensive. You have to pay a lawyer to help you draft them, especially for more complex deals. Also, you have to dedicate the time and attention of your employees, customers, vendors, and other parties in negotiating, marking priorities, and dedicating internal resources to their performance. Because of this investment, each contract you enter into should be practical and Read More
Force Majeure in a Time of COVID
The COVID-19 pandemic and its shadow continue to loom over businesses, supply chains, and more. The true scope of the challenges and changes imposed by COVID-19 continues to be learned as the economy and society adjust. But one immediate consequence is known: for the first time in a long time, businesses are having to seriously read and implement force majeure clauses to determine their respective rights and defenses Read More
5 Best Practices for Deal Formation
There are infinite pathways to “yes”, but not all of them are worth pursuing in your deal. Due diligence is the key to executing effective negotiations; the communication between your team and the other side in, say, a merger, acquisition, R&D contract, consulting contract, or other type of contract can be thought of as the portion of the iceberg visible to those above the surface. As we all know, the “invisible” Read More
