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Category Archives: Contracts
Trust, Integrity and Drafting Contracts
Here’s a scenario you may be familiar with: You’re involved (with or without your lawyer) in trying to get a contract with a customer or someone else finalized and signed. There are various drafts and redrafts. While you check to … Read More
Posted in Contracts, General, Negotiation
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Want to Negotiate Better Agreements? Focus on Content + Timing
I truly have the best job in the world. Why? Because in serving my clients, I learn everyday about what works and what doesn’t work in the REAL WORLD of starting, growing and selling businesses. My incremental knowledge base and experience grows … Read More
Posted in Contracts, General, Negotiation
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Want to Motivate Your Staff Without Equity? … Try this!
In my last post (Thinking of Giving Shares to Your Employees? Think Again!), we discussed the importance of taking the time to really understand what your employees need and want to feel motivated, perform highly and stay with your company … Read More
Posted in Contracts, Employment, General, Startups
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Thinking of Giving Shares to Your Employees? Think Again!
“I want to give my employees some equity. What do you think?” I get asked this question a few times each month from clients or prospective clients who want to explore the idea of giving some (or many) of their … Read More
Posted in Contracts, Employment, General, Shareholder Agreements
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Shareholder Agreements Made Simple
Let me start by saying there is NO “one size fits all” shareholder agreement. Not surprisingly, they come in all shapes and sizes and, to be meaningful, they should be tailored to your company and the particulars of its current … Read More
Posted in Contracts, General, Shareholder Agreements
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Of David & Goliath – Winning with The Big Boys – What’s in Your Slingshot?
Everybody loves “the underdog”. We see this play out in professional sports every week. Horse tracks and Vegas casinos were built by exploiting the hard-earn dollars of dreamers everywhere who placed crazy 25:1 long-shot bets which, as we all know, … Read More
Posted in Contracts, General, NDAs, Negotiation
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Creating the Perfect Employment Agreement: How Do You Measure Up?
This blog post is dedicated to all of the employers out there who struggle to create appropriate and enforceable employment agreements that their employees will sign. OK … so what I’ve detailed below, in my view, are integral components to … Read More
Posted in Contracts, Employment, General
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TOP 3 WAYS TO REDUCE LEGAL RISKS IN YOUR BUSINESS (PART 2)
In my last blog post, I highlighted 3 key ways to reduce legal risks in your business. To recap, they were: 1. Buy insurance policies (for insurable risks); 2. Create an effective “corporate structure”; and 3. Watch … Read More
Posted in Contracts, General, Negotiation, Startups
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Top 3 Ways to Reduce Legal Risks in Your Business (Part 1)
Whether you recently started your new business or are a successful serial entrepreneur, managing risk is part of the wonderful game we all call “business”. Do it well … and your chances of unlocking value and creating wealth for you, … Read More
Using “Carrots & Sticks” to Become A Better Negotiator
Negotiation is something “we” lawyers and “our” clients must continually engage in on a daily basis as part of the Game of Business (and more particularly the Game of Starting, Growing or Selling Businesses). . Few if any of us … Read More
Posted in Contracts, Corporate Divorces, Mergers & Acquisitions, Negotiation, Startups
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Great … you signed an NDA … but do you have a “Disclosure Strategy”?
Non-Disclosure Agreements (or NDAs) are a very common contract signed by many of our clients these days. Regardless of industry classification and whether you’re a start-up, growing or mature business, sooner or later you will be asked to sign an … Read More
Posted in Contracts, NDAs, Negotiation
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Close Your Deal Faster by Playing to the Middle
I’m no biologist but I’m convinced humans must have a “self-interest” gene. Maybe Darwin would agree? This “self-interest” gene expresses itself in many different ways in our business and personal worlds on a daily basis. In my “legal world” (as … Read More
Posted in Contracts, Mergers & Acquisitions, Negotiation
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Grey is Good … Why Mick Jagger is an awesome negotiator!
I was chatting with a client the other day about proposed language we were trying to get inserted into the final copy of an important contract. The other side was quite entrenched and it was clear we didn’t have the … Read More
Posted in Contracts, Negotiation
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Is it a “Contract” or a “Relationship Management Tool”?
Relationships are everywhere in business. You have them with your partners, employees, consultants, customers, suppliers, lenders, landlords and investors. Every relationship has a beginning, a middle and an end. If you are successful at managing relationships, you build value and … Read More
Posted in Contracts
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Save Time & Money Negotiating Any Contract
Consider the following 2 scenarios and ask yourself “Could this be me”? Scenario A – “Term Sheet Approach” A deal is struck over a lunch meeting. The parties shake hands. Nothing is confirmed in writing. One of the parties calls … Read More
Posted in Contracts, Negotiation
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