Archive for the ‘Transactions’ Category

Contracts: When the Other Party Provides the First Draft

The suggestions in my last post assumed that you were providing the first draft of a contract.  What if the other party provides the first draft?  And what if, as may often be the case, the other party has more bargaining power than you do? Here’s a suggested approach: 1.  Read the contract.  Or, if […]

The Elements of a Contract

In my last post, I described a scenario where an entrepreneur drafted his own contract, because he was just concerned with establishing a meeting of the minds between the parties, and not with creating legal rights.  So what are the sections of a contract that an attorney would have added, and what are their functions? […]

Drafting Your Own Contract

“John, I need a contract for a deal that I’m doing.  It’s for such a small dollar amount, and it’s so low risk, that I can’t really justify having you draft it.  Do you have a template I can use?  What advice can you give me?” Many of you may be in the same situation […]

The “Loser Pays” Clause is the Entrepreneur’s Friend

“John, we’ve got a potential strategic partner coming in tomorrow and I need to get them a draft NDA tonight!”  My client had a standard form of NDA, 99% of which is identical to the NDAs that you’ve signed at one time or another.  But, in my opinion, in this situation the NDA needed more […]

Negotiating a Transaction

Transactions have a conceptual similarity with compliance, in that they both involve your company’s relationship with another party.  In a transaction, the party is a private entity; in compliance, the other party is the government.  A transaction is ultimately memorialized in a contract, which establishes “private ordering” or the rules governing the parties’ relationship.  Compliance, […]