One of the most common pieces of advice I give to clients regarding contracts is that it is better to have no contract at all than to have a contract that no one follows. If there is a dispute in a courtroom, it might be...
One aspect of dealing with creative and service-based industries, as I often do, is that many employers have a non-compete agreement for their employees. I understand the desire and sometimes the need for the agreement. But as a class of agreements, non-compete agreements are among...
One of the first classes that law students take when they begin law school is Contracts. It is a standard first-year course that provides the background and basics for the study of private law. The course is important to learn about how contracts are interpreted...
I just finished reviewing a contract, a combination non-compete, non-solicitation confidentiality, non-disclosure agreement for a client. This kind of agreement is typical in the software or technology industries. Like most of these contracts, this contract was vastly overwritten, almost obscenely so. While my advice to...
Whether you think so or not, your contract is as much a part of your customer's experience as your first sales call or your last wrap-up meeting. Too often, companies that restructure and reorganize to focus on customer experience fail to think about the written...
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...
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...
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...
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...