Here is another geeky contract term that a lot of people don’t understand, yet it has important implications if there is ever a dispute between the parties to a contract. The geeky contract term for this week is the Integration Clause. The Integration Clause (or...
Contracts
#mattthelawyer, Contracts, Intellectual Property, Small Business Advice / 20.06.2018
Interview of MatttheLawyer
One of my clients Colleen Gratzer hosts a podcast called Design Domination. Colleen asked me to help explain some legal matters related to design and the creative business. You can listen to our conversation or read the transcript (if that is your thing). Also, if you are in the...
#mattthelawyer, Contracts, Learn to Love Your Legal, State Regulation / 13.06.2018
Governing Law, Jurisdiction, and Venue
Today, I want to talk about geeky contract terms that people often ignore: Governing Law, Jurisdiction, and Venue. These terms usually appear in the boilerplate of a contract, and I group these three subjects together because they revolve around one similar concept: What are going...
#mattthelawyer, Alternative Dispute Resolution, Contracts, State Regulation / 11.06.2018
The Problem with Arbitration and a Solution
Having spent several years in litigation practice, day in and day out all I dealt with were partners who were suing or being sued. I concluded that while litigation is an important part of the American legal system, it is also very wasteful. It is...
#mattthelawyer, Contracts, Writing / 08.06.2018
Why Is Contract Language Complicated Part II: Legal Education, Cut & Paste, and Culture
Once law students graduate and enter law practice, there are often multiple tracks to take in terms of career paths. In very general terms, there are three broad areas of legal practices: Litigation Practice, Transactional Practice, and Government/Policy Practice. Today we won’t look at policy...
#mattthelawyer, Contracts, Writing / 06.06.2018
Why Contract Language is So Complicated Part I: Legal Education.
Why are contracts so complicated? You know you hate the complicated contract. This is the first in a two-post exploration of some of the reasons why contracts have gotten so complicated. First, a quick caveat: contract language can be complicated if the deal itself is complicated....
#mattthelawyer, Contracts / 21.05.2018
Contracts and Parity
For a while, I have been talking here and in other places, about the need for honesty in contract language, about using contract language that generates trust, and about respecting the other party to the contract. Along these lines is the issue of parity in...
#mattthelawyer, Contracts / 14.05.2018
Contracts That Won’t Be Followed
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...
#mattthelawyer, Contracts, Small Business Advice / 11.05.2018
Considerations for Non-Compete Agreements
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...