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Contract Drafting Negotiations

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

Spirit Legal

Weshalb Kreative in Kunst und rechtliche Absicherung investieren sollten

Spirit Legal on

Rechtsanwalt Henning Fangmann hat dem Filmverband Sachsen ein Interview zu den Fallstricken von Verträgen für Kreative in der Filmbranche gegeben, darin thematisiert er Risiken für RegisseurInnen, Kamerafrauen und AutorInnen,...more

Latham & Watkins LLP

English Court of Appeal Rules on Privilege and Settlement Agreements

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The Court examined “without prejudice” privilege and litigation privilege as they apply to settlement agreements and their inspection by co-defendants. In BGC Brokers LP & Ors v. Tradition UK & Ors, the English Court of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Dos and Don’ts for Drafting Severance Agreements

There are a number of important considerations for employers to keep in mind when drafting a severance agreement. Join Milwaukee shareholders Bud Bobber and Brian Radloff for a discussion of practical tips for drafting...more

Brooks Pierce

If You Reach A Settlement At Mediation, And Say The Settlement Will Be The Subject Of A Forthcoming Formal Agreement, Do You Have...

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You have most likely walked out of a mediated settlement conference at which the shorthand version of the settlement put to paper by the lawyers and the mediator stated that there would be a later, more detailed agreement. ...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

Shumaker, Loop & Kendrick, LLP

Letter of Intent: Gateway to a Deal

Your time is valuable. So is the business that you are thinking about selling or the business you intend to acquire. You may also be thinking that before running up professional advisor costs, your business folks should...more

Davis Wright Tremaine LLP

Cloud Computing: Evolving Contracting Practices

The explosion of cloud computing is creating new common standards and changing industry contracting practices for access to these services. Cloud services providers tend to provide standard contractual terms that are largely...more

Akin Gump Strauss Hauer & Feld LLP

ABA’s 2013 Private Target Mergers & Acquisitions Deal Points Study: Financial Deal Points

Recently, the 2013 Private Target Mergers & Acquisitions Deal Points Study was finalized by the M&A Market Trends Subcommittee of the Mergers & Acquisitions Committee of the American Bar Association. This bi-annual study,...more

McCarter & English, LLP

But My Chinese Business Partner and I Have Done Business on a Handshake for Years...

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Wouldn’t It Be a Terrible Insult for Me to Insist on a Long and Expensive Contract at This Point? How Can I Insist on a Contract Now and Not Lose Face or Cause My Partner in China to Lose Face and Not Damage This Important...more

Bennett Jones LLP

Contracting around the Hague Convention on Service of Process

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When negotiating contracts with international parties, counsel should consider how their clients would, if necessary, serve judicial documents on counterparties based outside of Canada. The Hague Convention on the Service...more

McCarter & English, LLP

Lessons Learned from Litigators: How to Avoid Litigation When Doing a Deal

In this Publication: - 2.1 Introduction 2–1 - 2.2 General Considerations About Contract Drafting 2–2 - § 2.2.1 Does the Contract Reflect a “Meeting of the Minds”? 2–2 - § 2.2.2 The Words of the...more

Hinshaw & Culbertson LLP

5 Tips For Crafting An Airtight Settlement

David McMahon was quoted in an Aug. 8, 2013, in a Law360 article, 5 Tips For Crafting An Airtight Settlement, (subscription required) about the petroleum company BP's court fight over settlement payments connected to the...more

Burns & Levinson LLP

Seemingly Informal E-mails Can Constitute Binding Contracts

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In a prior post, I discussed how a letter of intent could constitute a binding agreement even if the parties contemplated that they later would execute a full-blown contract. Last month, the Federal District Court in Boston...more

Troutman Pepper

Getting The Most Bang For Your Buck – Considering Usable vs. Rentable Square Footage

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In commercial leases the leased premises is usually defined in terms of rentable square feet. Tenants often focus their negotiations on the rental rate for those square feet....more

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