Document Comparison Is an Essential Part of the Contracting Process
Bloomberg reported yesterday that Groupon has been accused in a lawsuit of altering emails containing agreements with merchants after both sides had accepted the terms. The plaintiff has accused...
View ArticleBe Sure to Read the Boring Stuff at the Back of Your Contracts
Sometimes the boring standard provisions in the back of a contract can really be brutal. Take this scenario, for example: Your company books a trip on a cruise ship and signs a contract to charter the...
View ArticleThe Reading List: China Law Blog
The China Law Blog is a must read for anyone doing business in China and it’s a good read for anyone doing business anywhere. It’s going into its seventh year of publication—that’s a long time in dog...
View ArticleElectronic Confidential Information: It’s Indestructible
Whack-A-Mole. Cockroaches. Electronic confidential information. What’s the common thread? They’re all difficult to destroy. The moles of the carnival game relentlessly pop up in new places. Cockroaches...
View ArticleHabit #2: Give Important Contracts Special Attention
I sometimes give a presentation on simple contracting practices that businesses can adopt to reduce their risk. I’ve posted a cliff notes version in Contract Hygiene: Five Healthy Contracting Habits...
View ArticleContracting Triage
Legal triage is an everyday part of business. It’s rarely anything so dramatic as the action you see on TV hospital dramas, but businesses constantly have to decide which legal issues are critical,...
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How to Sign a Contract
Signing contracts correctly is important, not just as a matter of dotting i‘s and crossing t‘s. How a contract is signed can affect whether it’s enforceable and who’s on the hook. Here’s a basic...
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Five Tips for Keeping Track of Contract Versions
It’s important not to lose control when you’re negotiating a contract. I’m not talking about losing your cool, but staying on top of contract versions. Here’s an example from my professional youth: I...
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Revisiting “No Reliance” Language in Contracts
A (fairly) recent 8th Circuit case reminded me of the importance of including “no reliance” language in even simple contracts. Exploring the idea of drafting simplified contracts for simple...
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Signing Quotations
I’ve advised people for years not to sign the other side’s purchase orders, acceptances, quotations, and other ordering documents unless the documents have been fully negotiated. That’s because it...
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