Contracts / 14.02.2017
Are Those Online Agreements Enforceable?
To answer the question in a very lawyerly way...
Contracts
Contracts / 19.07.2016
Three Things for Doing E-Commerce Right
I tell you, I love Amazon.com and other e-commerce sites. I love paying my bills online. I love my music streaming online and I know I am not the only one. So many businesses conduct business online, but you have to be smart about your...
Contracts, Employment Law, Small Business Advice / 28.06.2016
Four Things to Consider When Preparing a Non-Compete Agreement
Non-Compete Agreements are everywhere. Most non-competes I see are not only poorly written (a style problem) and probably unenforceable against the employee (a drafting problem). Most employers take a one-size-fits-all approach and have all employees sign the exact same non-compete. Employers wanting employees to sign...
Contracts, Small Business Advice / 19.02.2016
“Plain English” Contracts
As a small business lawyer, I am often asked, "Do you write plain English contracts?" If I am feeling particularly snarky and I know the person well enough to be snarky, I might shoot back with "well, I don't write contracts in Spanish, Latin, or...
Contracts, Small Business Advice / 19.11.2015
3 Contract Provisions to Home Court Advantage in Contract Disputes
No one likes to think about any deal or business relationship going bad and ending in a dispute. Fortunately, small business owners should have someone else worry about deals going bad--that is what lawyers are for, right? The boilerplate language in contracts, all those provisions...
Nearly every small business client or prospective client I have counseled has experienced the pain and annoyance of not getting paid on time (yes, even me). I am sure every small business owner hates looking at the aged invoices report and seeing lots of money...
Contracts, Small Business Advice / 04.11.2015
Contracts Cannot Be an Afterthought for Small Businesses
Contracts form the backbone of all commercial activity. Every business has a contract with its clients. Some contracts are very basic, such as retail establishments: The business will give you X when you pay $Y. That is a form of contract-just a largely unwritten contract. Other...
Master Service Agreement, Basic Ordering Agreements, or other contracts which call for multiple task orders, project orders or similar structures may not actually be an agreement without those task orders. Many creative professionals and even other companies often use Master Service Agreements or other similar...
Alternative Dispute Resolution, Contracts / 18.03.2015
Is That Arbitration Clause Really Good For Contract Parties?
Contract are often complex beasts, particularly the "boilerplate" provisions. So-called boilerplate has grown more complex over time and often the terms are not negotiated. In the past, dispute resolution provisions typically involved only choice of law and venue provisions, where the parties agree the law...