News & Analysis as of

Contract Negotiations

The Importance of Consistency between Master Services Agreements and Statements of Work

by Davis Brown Law Firm on

All types of business from startups to multinational conglomerates regularly enter into service agreements for the procurement and delivery of products or services. Depending upon the size and complexity of the agreement, the...more

Tips for a Startup Manufacturer in Negotiating Vendor Contracts

by JD Supra Perspectives on

As a startup manufacturer, vendor contracts are one of the most common types of agreements you are likely to encounter. ...more

The Practical NLRB Advisor - Issue 5, Spring 2017

Mom’s Home Cookin’ prides itself on the strong relationship it has built with its employees over more than 25 years in business. The bustling restaurant has grown from a humble beginning, with just two employees, to a...more

How to Negotiate a Lease to Protect Your Business: Top 10 Tips for Retail Tenants

by Williams Mullen on

Below is a key list of 10 tips that retail tenants should consider when negotiating their commercial lease agreements. Hire a Broker - Other than consulting an attorney, hiring a knowledgeable commercial real estate...more

The trend is your friend: why enterprise bargaining is down

by Seyfarth Shaw LLP on

Enterprise bargaining is down. That’s the big call out from the Department of Employment Report on Enterprise Bargaining February 2017. Comparing private sector agreement numbers from 2014 there is a reduction by a third...more

Negotiating Construction Agreements with Japanese Contractors for Domestic Projects

A foreign owner contracting with a Japanese construction company to build facilities in Japan, whether a hotel, a manufacturing facility, a process plant or otherwise, faces a number of challenges....more

M&A Global Intelligence Series: Pricing Mechanisms

by DLA Piper on

In any M&A transaction, one of the fundamental matters to be agreed by the parties (usually at an early stage) is what approach will be used to calculate the purchase price, including whether or not there will be any...more

Navigating the Lifecycle of an Eponymous Brand (Part 3)

In this three-part series, we identified three distinct seasons in the lifecycle of an eponymous brand: (1) Choosing the Brand, (2) Commercializing the Brand, and (3) Legacy of the Brand. In Part 1, we discussed what is at...more

Drafting In The Details

by Dickinson Wright on

The Fifth Circuit Court of Appeals recently affirmed that the devil really is in the details in a case that illustrates the importance of ensuring that deal documents accurately reflect the parties’ agreed upon terms with...more

Is your letter of intent a patchwork of provisions?

by Dentons on

Lawyers will generally recommend that you agree and sign a formal contract before starting work on site. That said, despite good intentions, commercial necessity often requires parties to start the works before finalising the...more

Actually, Hotel Franchise Agreements Are Negotiable

There is a widespread assumption that brand franchise agreements are not negotiable. This assumption is so prevalent that many real estate investors will devote substantial effort to negotiating the terms of a hotel purchase...more

The Risky Business of Warranties

by Farrell Fritz, P.C. on

Owners and contractors beware! The warranty you get may not be what you bargained for. Many construction contracts, including widely used industry form contracts, contain two distinct warranties, a general warranty and a...more

Delaware Chancery Court Focuses On Negotiation History In Denying Former Securityholders A Milestone Payment Based On The...

by Shearman & Sterling LLP on

On March 15, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery decided, post-trial, that a biopharmaceutical company was not required to pay a $50 million “milestone payment” under the terms of a merger...more

The Impact of Cybersecurity Concerns on M&A Activities is Growing: eDiscovery Trends

by CloudNine on

This is the second story that I’ve covered in the past several months where cybersecurity concerns impacted merger and acquisitions. See below for more on the first one… After Verizon Communications took a $350...more

Collective Bargaining Stalemate? - Tribunal finds employer's direct approach to employees unlawful

by DLA Piper on

Employers who recognise a trade union for the purposes of collective bargaining should be aware of a recent tribunal decision which may significantly impact on their ability to implement contract variations where union...more

Court of Appeal confirms relevance of communications subsequent to an alleged contract

by White & Case LLP on

Contract negotiations necessarily involve much toing and froing between the parties, but at what point does the contract become final? When can you stop taking further exchanges into account and what is the effect of "subject...more

Indemnification Obligations and the Purchase or Sale of Your Business: Why Should You Care?

by Ward and Smith, P.A. on

What Is An Indemnification Obligation? - In the simplest sense, indemnification obligations protect one party to a contract against claims that arise after a transaction that should be the other party's responsibility. ...more

The ReSET – The Afterlife

When selling their company, entrepreneurs put all their energy on getting the deal done on the most favorable terms possible. As mentioned in last week’s ReSET, the odds are that the buyer will impose an earn-out or similar...more

The ReSET- The Exit: Game On

Entrepreneurs dream of the big exit – to cash out and check out. Buyers implicitly understand this and try to mitigate the risk of the entrepreneur’s disengaging so that what they’ve bought doesn’t evaporate. The game is...more

D. Mass. Holds That Parties to an Arm’s-Length Negotiation Have Enough Common Interest to Maintain Privilege

During IP license negotiations, prudent negotiators will often avoid sharing privileged information about the IP to avoid waiving the attorney-client privilege. But in a recent District of Massachusetts case, the court upheld...more

Change for employers tendering and performing building work

by DLA Piper on

At a Glance - The Turnbull government is likely to secure an earlier commencement date for provisions within an important component of the new Australian Building and Construction Commission laws ('ABCC laws') — the...more

Capouillez Case is a Warning to Non-Attorneys Representing Landowners in Gas Lease Negotiations

by Tucker Arensberg, P.C. on

Since the first Marcellus Shale well was drilled in 2004, tens of thousands of oil and gas leases have been negotiated across Pennsylvania. Non-lawyers sometimes play a prominent role in the leasing process. Originally...more

Construction One-Minute Read: The Unbearable Lightness of Being an Additional Insured

The “additional insured” provision is one of the most critical provisions in a contract, yet is usually an afterthought. Contract negotiations over scope, schedule, and budget can and should demand your full attention, but...more

First Department Affirms the Validity of an LLC Operating Agreement Adopted by Majority Members without Minority Consent: ...

In Shapiro v. Ettenson, No. 2849, 2017 BL 19404 (App. Div. 1st Dep’t Jan. 24, 2017), the Appellate Division, First Department recently affirmed a decision by Supreme Court Justice Kelly O’Neill Levy upholding an LLC operating...more

The Importance of Construction Contracts and Items to Consider When Preparing Construction Contracts

by Ward and Smith, P.A. on

It's important for parties entering into any significant economic transaction to have written contracts.  This is especially true for construction projects which are, by their nature, complicated.  A contract on a...more

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