Category Archives: Contracts

The Proliferation of Non-Disclosure Agreements

The proliferation of crappy non-disclosure agreements is driving me nuts. Aside from the clear lack of trust between humans that has driven the growth of this usually meaningless document, most are a waste of time, energy, and legal fees. The overuse of NDAs has gotten so bad, I channeled my inner Dennis Miller and had a little rant about NDAs, consideration for the NDAs, and a few things to think about to determine if you actually need an NDA.


Writing Contracts Requires Imagination

When your lawyers lack imagination, it could cost you $5.5 million. Cognitive psychologist and author Steven Pinker wrote that writing requires imagination. Writers, according to Pinker, have to imagine interacting with their audience without the benefit of direct feedback, such as verbal response, facial expression, or body language. Even text messages have a level of… Continue Reading

Clear English Contract Revision

Earlier this week, I posted a discussion on the waste of resources that comes with poorly written contracts. I had an exercise in that post that discussed how long it took to review a short 170 word passage of a contract. I promised to detailed break down of that contract provision.¬†Fair warning, this is going… Continue Reading

Non-Competes are Not Always Conducive to At-Will Employment

One of the most difficult things for companies looking to have key employees, or any employees, sign a non-compete agreement is that most states have at-will employment. While at-will employment is highly beneficial in terms of labor market movement and the ability for employers to grow and shrink their workforce as necessary, at-will employment is… Continue Reading