HOW TO IMPROVE LAW FIRM TRAINING SIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! One of the issues about practicing law that always amazes me is how we bring along young lawyers so incredibly slowly. This unhurried approach starts in law school, where every 1st year student takes a semester-long course on contracts. By the [...]
Read MoreHOW TO ACE LAW SCHOOL/BAR EXAMS SIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! When I was in law school no one explained how to ace a law school exam to me. Now, I teach a course at the esteemed Seton Hall University School of Law on the federal health privacy law, HIPAA (we have [...]
Read MoreShould Confidentiality Contracts Survive Forever? With all the outsized press lately about zombies (even The Washington Post covered the “zombie apocalypse”), you’d think people are obsessed with survival. Similarly, in the contracts world attorneys also stridently debate survival, often with such single-minded focus that you might think of them as “zombie lawyers.” Catch this great [...]
Read More11 Ways to Nail Sales Contracts SIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! Recently, I traveled to this almost abandoned, stunning market town in Tai-Shan, an area in southern China. A former agricultural center, each trader built a different building matching his home country’s particular style of architecture. After awhile, the cacophony of different [...]
Read MoreConstantinople, Not Istanbul? How to Take on a Tough Limitation of Liability Negotiator SIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! You might be a huge fan of the famous song, “Istanbul Not Constantinople”. Believe it or not, the song inspired me to take “History of the Ottoman Empire” in college. During the course, my [...]
Read MoreSIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! PART 2: HARD CAP – HOW TO NEGOTIATE CAPPED LIABILITY LIMITS (Read “Part 1: Consequential Damages Limitation of Liability Clause“) Imagine yourself facing a significant lawsuit from a disgruntled former customer asking you to pay out damages well in excess of the compensation you rightfully received. Wouldn’t [...]
Read MoreWhat freelancers (and their clients) need to know SIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! You’re a freelancer and you’ve won a new client for a consulting project. Or you’re a business owner who is ready to engage a consultant to help with an important new business initiative you’ve been working on. You’re smarter [...]
Read MoreSIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! PART 1: CONSEQUENTIAL DAMAGES – HOW TO NEGOTIATE LIABILITY LIMITS (Read “Part 2: Hard Cap Limitation of Liability Clauses“) A limitation of liability clause is one of the most commonly negotiated clauses in the world of contracts. Basically, people fear the possibility of a future dispute, so [...]
Read MoreSIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! I recently traveled to Bankgok, Thailand, and saw this funny sign at one of the main tourist sites (Wat Po, in front of the famous giant reclining Buddha). I think it’s safe to assume that the Thai authorities do not want anyone to suffer at the hands [...]
Read MoreSIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! Recently a contract negotiation expert asked me, how do you convince the person you are negotiating with why you should be able to limit the scope of the indemnify definition? We previously explained indemnification (where the parties are worried about who will be responsible for third party [...]
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