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The M&A Word of the Day® from the Book of Jargon® – Global Mergers & Acquisitions Is Go Shop
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Successful negotiations require understanding your goals and considering the goals of the other party. Thorough preparation involves reviewing the legal frameworks, identifying potential obstacles and opportunities,...more
Disputes between plan sponsors and plan service providers are not new. As with any contractual relationship, things don’t always go according to “plan” or at least, as the sponsor expects. When that happens, one of the first...more
It was important, and still is. If you’ve heard it once, you’ve heard it a thousand times – the general terms at the end of an agreement being referred to as “boilerplate” provisions, a phrase that misleadingly suggests...more
Many terms associated with contracts and contract formation are of latin origin...more
An effective negotiation strategy is a must for every situation, but even more so as businesses experience the financial impacts and consequences of COVID-19. Difficult opponents, hard bargaining tactics, and communication...more
Q: Do opportunities exist for asset buyers in times of distress? A: Yes, valuable assets may be for sale at affordable prices in times of distress for two reasons. First, a primary means of raising liquidity for cash-starved...more
The 2019-20 certified teachers’ and administrators’ negotiation season is just about at the halfway mark. While, as to be expected, the overwhelming majority of contracts up for negotiation so far have settled at either the...more
A term sheet first summarizes the material terms of a financing transaction. Term sheets are normally not legally binding (with certain exceptions, such as confidentiality and exclusivity) but they are generally thought of as...more
In a highly anticipated decision, the New Jersey Supreme Court held that the issue of salary step increments is a mandatorily negotiable term and condition of employment. However, the Court did not decide whether New Jersey’s...more
A long-term licence agreement provided that if the parties could not agree on changes to the contract to reflect a major change in circumstances the matter would be referred to an arbitrator who would decide the new terms....more
Were you thinking that the Business Court might, one day, find that a bank owed a fiduciary duty to its customer? That seemed like it might happen eventually, as the NC Supreme Court seemed to hold out that possibility last...more
Federal agencies and the media have paid a great deal of recent attention to the continuing disparities in salaries between male and female employees. Some experts have argued that part of this disparity is based on different...more
The practice of placing the magic words “without prejudice and subject to contract” on every exchange during commercial negotiations can be thought a “belt and braces” or “no harm, no foul” approach, but experience and a...more
Business Associate Agreements (BAAs), in the current regulatory and technological environment, require careful review and negotiation of the implementation of the regulatory requirements. In meeting the September 23, 2014...more
After touting a proposed settlement with Partners HealthCare (Partners) that supposedly would “fundamentally alter [Partners’] negotiating power for 10 years and control health costs across [Partners’] entire network,”...more
Under the English Arbitration Act 1996 the grounds on which an English arbitration award can be challenged in court are very limited. Section 67 of the Act provides that a challenge may be brought on the basis that the...more
Whether you are involved as the purchaser or seller in an M&A transaction, you should be aware of events that may trigger adjustments to the purchase price. WORKING CAPITAL ADJUSTMENTS - In a stock transaction,...more
Method of Payment. If you’re the party providing the goods or services under the agreement, you want to be sure you get the consideration you bargained for. Any fool knows that, but international contracts can make...more
Good investors give you money. Great investors provide you with money, resources, networking, and experience. You need to work hard to attract great investors, with a focus on building a long-term relationship. If you are...more
Energy disputes are usually complex and very expensive to litigate, so those in the traditional oil and gas industries have used arbitration and mediation successfully for years. Most contracts in the energy sector have ADR...more
For those small businesses that are looking to obtain debt financing or to refinance existing debt, there are some strategic planning tips to consider in approaching and selecting a potential lender. ...more
In theory, yes, franchise agreements are negotiable. In practice, they may not be negotiable – particularly in ways that are meaningful. Every franchisor has a form of franchise agreement that defines the rights and...more
We recently completed a major renegotiation of a very large, longstanding infrastructure outsourcing contract. As is typical with renegotiations, there were areas of the contract that required changes and areas the client...more