Articles
How to Expedite the Legal Review
When you are negotiating a contract with another party, it can be a complex and lengthy process. Below are a few tips to help expedite the legal review process before you even involve your attorney: Before you give the other side a copy of the contract, talk over the major issues. Create...
Read MoreUnderstanding Licensing Agreements: From the IP Owner’s Perspective
Understanding what constitutes “intellectual property” (IP) and the importance of protecting it is important to any business owner. IP is anything that is created in an individual’s mind, including art, music, computer software, inventions, designs and trademarks. You can protect IP with a license, which is a type of contract...
Read MoreIndependent Contractor/Freelancer Contracts
If you are an independent contractor or freelancer, you may be working for others without having a contract in place. Unfortunately, working without a written agreement makes you vulnerable to being taken advantage of. A contract is beneficial in many ways because it not only protects you legally, it also...
Read MoreWhat to Include in a Licensing Agreement: The Licensor’s Perspective
If you are the owner of intellectual property (IP), it is imperative that you protect your rights by properly registering it and using a licensing agreement that safeguards your rights. For more general information, please read our blog titled “Understanding Licensing Agreements.” When creating a licensing agreement, you first need...
Read MoreResolving the issue of Limitation of Liabilities between Buyer and Seller
When a buyer and seller are negotiating the issue of limitation of liabilities, it can get messy. The goal of your attorney is to eliminate or at least reduce the amount of risk, while a business person’s goal is to get the deal done ( and, of course, all deals...
Read MoreGetting Sales Commission Agreements in Writing Avoids Disputes (and in some states, it’s the law!)
Whether you are an employer or an employee, it is important to have your sales commission agreements in writing. In fact, several states (including California) require any employer that pays commissions to employees providing services in the state to have a written agreement with the employee. The contract must outline...
Read MoreWhat does “Hold Harmless” Mean?
Hopefully you have read our blog titled “Indemnification Clauses,” because indemnification is commonly confused with “hold harmless” provisions, and rightfully so. In fact, many argue that the two are one in the same. A hold harmless provision provides that a party is not liable for certain damages under a contract...
Read MoreShipping Terms in Your Commerce Contracts
Shipping terms used in domestic commerce in the United States are defined by the Uniform Commercial Code (UCC), as adopted by each individual state. However, the UCC terms (as they currently stand) are inadequate for international transactions because they do not deal with responsibility for exporting and importing as well...
Read MoreKey Terms to Include in a Partnership, Shareholder, or LLC Operating Agreement
If you are entering a partnership, shareholder or Limited Liability Company (LLC) Operating Agreement with another party, it is important to draft a solid contract. Although you may not think it is necessary because the other party is somebody you trust, having an agreement in writing can help avoid legal disputes in...
Read More11 SHIPMENT TERMS DEFINED UNDER THE INCOTERMS
Hopefully you have read our blog titled “Shipping Terms in Your Commerce Contracts.” This blog will provide a brief summary of some of the terms defined in Incoterms 2010. Remember, these are summaries of the terms and you should confer with legal counsel before using an Incoterm in your transaction. Below are...
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