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Contracts

A Brief Legal Introduction to Home Construction

Brad Reid | Posted 06.20.2016 | Business
Brad Reid

There are many standard construction contract forms, most of which are strongly pro-builder. This comment educationally considers some of the many leg...

Avoiding a Costly Cohabitation 'Divorce'

Joslin Davis | Posted 06.02.2016 | Divorce
Joslin Davis

If you are considering living together with someone, you and your partner may want to look into obtaining a cohabitation agreement to protect your financial interests, provide for financial support, and effectuate property division.

A Legal Introduction to Memorandums of Understanding, Letters of Intent, and Term Sheets

Brad Reid | Posted 06.01.2016 | Business
Brad Reid

Preliminary negotiations result in a variety of tentative pre-contract documents being produced. This comment briefly introduces three common variatio...

Dealing with Impossible Clients: What to Do When a Client Tries to Nibble to Get More for Less

Gini Graham Scott | Posted 05.26.2016 | Business
Gini Graham Scott

What should you do if you think you have wrapped up a deal with a client for a certain amount, but then the client asks for a series of extras - usually over a period of time rather than all at once?

Acknowledging Receipt of a Document is Not the Same as Agreeing to its Terms

Brad Reid | Posted 05.05.2016 | Business
Brad Reid

The federal District Court for New Jersey in an April 4, 2016, decision declined to automatically enforce an arbitration provision in an employment ag...

An Introduction to Contract Boilerplate

Brad Reid | Posted 03.22.2016 | Business
Brad Reid

"Boilerplate" is standardized language used in common documents to reduce the time spent in negotiation and document preparation. However, it is a mis...

Killer Contract Clauses

Jack Garson | Posted 03.03.2016 | Business
Jack Garson

Are you a winner or loser when it comes to business disputes?

Broad Legal Lessons From the Superman Litigation

Brad Reid | Posted 02.23.2016 | Business
Brad Reid

On February 10, 2016, the federal Court of Appeals for the Ninth Circuit affirmed a lower court's decision in lengthy litigation related to a 1938 tra...

Punctuation: Colons Vs Dashes Vs Parentheses

Dianna Booher | Posted 12.08.2015 | Business
Dianna Booher

Punctuation can determine the interpretation of a contract, fix the price of your product, or alter the tone of your email. Never underestimate its im...

An "Anti-Reliance" Contract Clause May Prevent a Fraud Claim

Brad Reid | Posted 12.07.2015 | Business
Brad Reid

Many, if not most, contractual transactions are legally characterized as "arms' length," meaning there is no special relationship between the parties....

Legal Questions When Creating a Musical Group or Band

Brad Reid | Posted 11.12.2015 | Business
Brad Reid

Like it or not, law permeates our society including the arts. Musical groups find themselves surrounded by legal questions. Frequently, default legal ...

You're Getting Ripped Off By Forced Mandatory Arbitration -- Here's How to Stop It

Rep. Hank Johnson | Posted 11.10.2015 | Business
Rep. Hank Johnson

From Congressman Hank Johnson of Georgia and Senator Al Franken of Minnesota Forced arbitration rigs the game in favor of big corporations and ag...

Construction Success

Jack Garson | Posted 09.01.2015 | Business
Jack Garson

When it comes to construction projects, all too often people start out with pretty drawings and end up with shouting matches or - worse - expensive lawsuits. Your project may be steel and concrete. But even a "minor" mistake can turn it into a leaky, moldy mess.

The Best Question You're Not Asking

Eliot M. Wagonheim | Posted 08.20.2015 | Business
Eliot M. Wagonheim

What frequently gets lost in the exchange of competing drafts is honest-to-God, real life communication -- not between the lawyers, but between the people who really matter.

The 4 Make-or-Break Partnership Questions

Eliot M. Wagonheim | Posted 08.04.2015 | Business
Eliot M. Wagonheim

How do you define success? Why are you bringing them into the business? Is it to dramatically increase revenue, for their back office expertise or perhaps to enable your company to expand into other areas?

The Single Most Important Question You Must Ask Before Signing a Contract

Eliot M. Wagonheim | Posted 07.21.2015 | Business
Eliot M. Wagonheim

If you want a better contract, figure out why you'd want out, and then build each of those issues into the agreement. Sure, it will take a little more time to negotiate on the front end, but you won't have to call your lawyer six months after you sign.

Analyzing the Ryan Tannehill Contract

Chris Koras | Posted 05.26.2016 | Sports
Chris Koras

It is clear that the Dolphins believe in the ability of Tannehill to potentially emerge as an elite QB. If they would have waited another year for that to happen the deal would have played out much differently, with a much higher guarantee and far more risk.

Crafting An Effective Pitch

Lauren Goldstein | Posted 06.08.2015 | Business
Lauren Goldstein

While working with my clients on how to craft effective, call-to-action pitches, the common theme that always rings true for great pitches is, clarity; Clarity of why, clarity of who, clarity of benefits. With clarity as a base, we can break down a pitch into an easy formula: W+TM+B = P

Inside Traditional Publishing: An Agent's Take on Contracts

Karen Dionne | Posted 06.06.2015 | Books
Karen Dionne

Of all the skills a literary agent is required to have, the most important is the ability to negotiate well on behalf of the author client. Authors hire agents to protect their business interests in publishing. How do you know if your agent is a good negotiator?

Inside Traditional Publishing: Good Agents Geek Out About Contracts

Karen Dionne | Posted 06.01.2015 | Books
Karen Dionne

Publishers often change their contracts to give themselves more favorable terms. Agents who are paying attention pick up on the differences and understand the ramifications. Agents who aren't, don't.

Waiving Contingencies to Compete in a Seller's Market

Melissa Terzis | Posted 04.28.2015 | HuffPost Home
Melissa Terzis

As spring progresses, the real estate market continues to be competitive. Buyers are doing all sorts of things to get houses beyond writing a "pick me" letter. In some cases, the risks they are taking are tough to justify.

Morality and Relationships

Sriya Chakravarti | Posted 02.14.2015 | Healthy Living
Sriya Chakravarti

Aristotle said, "Without friends no one would choose to live, though he had all other goods." Good relationships are key to living through an excell...

Put That Handshake Deal in Writing

Nina B. Ries | Posted 02.07.2015 | Small Business
Nina B. Ries

Business attorneys negotiate and analyze contracts on a daily basis. Though we know from years of experience dealing with parties who are both agreeable and adverse, it can often be difficult for entrepreneurs and small business owners to know what to focus on.

The New Norm: Crazy Contracts and How to Fight Back

Jack Garson | Posted 02.05.2015 | Business
Jack Garson

Businesses -- large and small -- are producing insanely one-sided contracts. In the past, you could find fair contracts. Most were short and simple, too. You do this and I do that. But now we've arrived at crazy. And these agreements are putting your business in jeopardy.

Divorce Confidential: Crafting a Creative Pet Parenting Plan

Caroline Choi | Posted 01.19.2015 | Divorce
Caroline Choi

It's no surprise pet parents are becoming a lot more serious about pet custody. The need to divide this member of your home can be painful and hold so much more value than the division of material possessions.