Contract Law
A contract – an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law – can touch upon almost any subject matter. In business, there are contracts that are common to most companies and sometimes use relatively standard contract language, and then there are contracts that are unique to a particular industry or situation. No two contracts are exactly alike.
Contract Negotiations
In our practice of contract law, the first step is to carefully and fully document the parties’ objectives, the “basis of the bargain,” and also provide for those issues to which little, if any, thought has been given by the parties. These issues include defining what constitutes an event of default, cure periods (if any), termination rights, resort to alternative dispute resolution (mediation and arbitration) or to courts, venue for resolving any dispute, availability of recovering a party’s attorneys’ fees and a plethora of other issues, both of general nature and content-specific terms. We provide employment, distributorship, franchise, sales, non-compete and non-solicitation agreements to protect our clients. Having drafted contracts covering numerous situations in a wide variety of industries allows us to help you achieve and secure your objectives for any contract negotiation.
A sampling of the contract law services provided to small- and medium-sized businesses and individuals include:
- Asset Purchase Agreements
- Buy-Sell Agreements
- Confidentiality Agreements
- Covenants Not-to-Compete (Non-Competition Agreements)
- Distributorship
- Employment
- Franchise Agreements
- Licensing Agreements
- Memorandum of Understanding (MOU)
- Non-Solicitation Agreements
- Physician Employment Agreements
- Sales
- Stock Purchase Agreements
Contract Law Articles
Shhh…Can You Keep a Secret?
Recently enacted federal “Defend Trade Secrets Act “ includes whistleblower protection not previously afforded by state law. On May 11, 2016 the Defend Trade Secrets Act (DTSA) was signed into law and became immediately effective to protect misappropriation of trade...
Heads Up, I Win; Tails Up, You Lose. Did Both Parties Really Agree to Arbitration?
It's a simple concept on its face: To be binding, an arbitration agreement must contain mutual promises by both parties to arbitrate their claims. But if one party to an employment contract excepts one or more types of claims from arbitration, is there mutuality,...
What Is the Intent Behind Your Letter of Intent? Should You Even Bother?
This may come as a shock, but contract negotiations are rarely smooth and risk-free endeavors. There are a multitude of issues to consider, from terms of payment, to performance and damages provisions, to choice of law provisions and arbitration clauses, and many more...
Do Not Not Notice Notice Provisions in Commercial Leases, According to Recent Decision Finding Such to Be a No-No
In the case of Commercial Resource Group, LLC v. The J.M. Smucker Company, the U.S. Court of Appeals for the Eighth Circuit was faced with the sticky situation of determining whether The J.M. Smucker Company ("Smucker") should be required to pay rent for an additional...