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Negotiations Contract Negotiations

Mandelbaum Barrett PC

Strategic Business Negotiations: A Legal Perspective

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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

Holland & Hart - The Benefits Dial

Take the Power Back . . . Negotiating Provider Contracts for Benefit Plans

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

Sands Anderson PC

What is Boilerplate Anyway?

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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

Allen Matkins

Contractual Latin

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Many terms associated with contracts and contract formation are of latin origin...more

Kilpatrick

7 Key Takeaways - Tough Negotiations – Social Science and Practical Strategies for Being More Effective

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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

Nutter McClennen & Fish LLP

Finding Opportunity in Distressed Circumstances

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

Pullman & Comley - School Law

The Woodbridge Teachers’ Arbitration Award – First Interest Arbitration Award of the 2019-20 Teachers’ Negotiation Season

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

WilmerHale

Considerations for Founders When Negotiating a Term Sheet

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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

Genova Burns LLC

New Jersey Supreme Court Says Salary Step Increments are Negotiable, but Avoids Dynamic Status Quo Issue

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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&O Shearman

Renegotiation clause in long-term contract – what if parties cannot agree?

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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

Brooks Pierce

NC Business Court Says That Bank Didn't Owe A Fiduciary Duty To Its Customer, But Recognizes New Cause Of Action: Breach Of A Duty...

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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

Parker Poe Adams & Bernstein LLP

Employees' Different Approaches Toward Salary Negotiations Does Not Justify Disparate Pay

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

Pillsbury Winthrop Shaw Pittman LLP

English Law: Do You Take Yours With or Without? – Prejudice, that is...

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

Baker Donelson

WEBINAR: Preparing for the HITECH September Deadline - Tips for Negotiating Effective Business Associate Agreements under HIPAA

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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

BakerHostetler

Don’t Pop the Cork Just Yet—Growing Criticism of Massachusetts AG’s Settlement with Partners Healthcare Just Might Send the...

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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

Pillsbury Winthrop Shaw Pittman LLP

English Contract Law: Has the Camel’s Nose of “Good Faith” Crept Under the Tent Flap?

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

K&L Gates LLP

Purchase Price Adjustments in an M&A Transaction

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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

Faegre Drinker Biddle & Reath LLP

Top Ten Issues when Drafting International Agreements – Part II

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

Foley & Lardner LLP

When Do Your Investors Have Interests That May Conflict With Yours?

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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

JAMS

Mediating Alternative Energy Disputes

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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

PilieroMazza PLLC

Strategic Tips for Approaching Lenders and How to Choose the Right One

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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

Jaburg Wilk

Are Franchise Agreements Negotiable?

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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

Pillsbury - Internet & Social Media Law Blog

Enterprise Infrastructure Management Is Not a Part-Time Job

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

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