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
Negotiating, and Defenses to, Personal Guaranties
One of the dreaded documents any business owner faces in a deal is the "personal guaranty." After all, the business owner went through the steps to incorporate or organize their business just to avoid this personal liability, and now a lender, landlord, supplier or...
The “Ordinary” Commercial Lease: A Fallacy. It Doesn’t Exist.
"It's just ordinary lease stuff," Frank said. After a short pause, he continued, "At least, I think it is." Frank had just been given a document entitled "Standard Commercial Lease – Net." He wasn't an unsophisticated businessman—his business had grown from him and...
Restrictive Covenants in Employment Agreements
Employment agreements have become a popular tool in the business world, in both big and small business. Employment agreements establish vital terms and avoid misunderstandings such as “at-will” or other termination provisions. Most employment agreements will contain...
Am I Buying More Than a Business? Successor Liability Issues that May Remain After the Closing
You’re an entrepreneur, and you’ve just found a company you want to buy in order to expand your own business. In setting up the purchase, you’ve decided you want to do an asset purchase. After all, you’ve heard that one of the benefits of an asset purchase is that,...
