Author Archives: Matt Johnston

Geeky Contract Terms: Force Majeure

No, force majeure is not a French boy band (although someone should tell Simon Cowell) or a special operations branch of the French Foreign Legion. Rather it is a special kind of caveat in a contract that may excuse performance of one or all of the parties. Most of the time, though, a force majeure… Continue Reading

Office Romance in the #MeToo Era

Since the explosion of accusations against people like Harvey Weinstein, Matt Lauer, and so many others, famous and not famous. Workplace sexual harassment and certainly sexual abuse are illegal and should be addressed with all of the legal and human resources tools available. But let’s not kid ourselves, we spend a lot of our waking… Continue Reading

Slide Deck for Building Better Contracts

Here is the slide deck from my latest presentation for the Maryland Small Business Development Center on the subject of Building Better Contracts. I tend to look first to the relationship between the contract parties before I start looking at the transaction details. If you would like to schedule me to come speak to your… Continue Reading

Audience Analysis for Contract Drafting

Never let anyone tell you that a contract is so different from other written communications that you should not do an audience¬†analysis before drafting the contract. The contract communicates ideas and before communicating ideas you should have a solid understanding of who receives the ideas contained in the document. Be sure to drop by my… Continue Reading

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… Continue Reading