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 you’re pressed [...]
Posted on April 13, 2010, 11:43 am, by John Horn, under
Transactions.
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?
You [...]
Posted on April 6, 2010, 9:09 am, by John Horn, under
Transactions.
“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 as [...]
“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 [...]
Posted on February 21, 2010, 8:20 pm, by John Horn, under
Transactions.
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, [...]