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
“Accord and Satisfaction” or “How a Notation on a Check Can (Sometimes Unwittingly) Resolve a Payment Dispute”
Imagine you are a supplier of goods or services and have a customer who remits a check for an invoice, which is less than the amount of the invoice, and included on the check is wording to the effect “this check is payment in full and in full and final satisfaction of...
Employee’s Duty of Loyalty
A few months ago, the Missouri Supreme Court issued its latest opinion concerning the duty of loyalty that an employee owes an employer. The case is Scanwell Freight Express STL, Inc. vs. Chan. Scanwell continues the long progeny of cases which commenced with National...
New 2005 Missouri Legislation
The following article deals with selected pieces of legislation passed by the Missouri Legislature at its session just ended in May, 2005 and signed into law as of July 14, 2005 by Governor Blunt. More information on these selected and other legislative topics may be...
“Disposal of ‘Consumer Information’ Regulations or ‘Getting a Leg Up on Identity Theft’”
In December 2003 the Fair and Accurate Credit Transactions Act was passed (“FACTA”). FACTA is a federal law designed to minimize the risk of identity theft and consumer fraud created by improper disposal of consumer information. Under FACTA, the Federal Trade...