Contract Section Analysis
Executive Termination – Planning for the End
There are some phrases that show up in contracts and simultaneously amuse me and remind me of the importance of careful legal drafting. One such phrase refers to the right of a company to “terminate the Executive” on certain grounds. After conjuring up images of Arnold Schwarzenegger in one of his most famous roles, I correct [...]
Read Full Post | Make a Comment ( 2 so far )The Often-Signed, Rarely Read ‘Confidentiality Agreement’
A confidentiality agreement is seldom a strategically important agreement. But you can make a strategically important mistake in signing one. The risk of this is exacerbated if you are among the droves of managers who sign confidentiality agreements (sometimes called non-disclosure agreements, or NDAs) without really reading them.
Here’s the key risk: some confidentiality agreements, especially those [...]
The ‘Non-Competition’ Covenant
Non-competition provisions appear in several different types of agreements, including employment agreements, consulting agreements and acquisition agreements, among others. Most attorneys and clients recognize that the basic issues to negotiate are the scope, territory and duration of the non-compete.
What I think is often overlooked is the practical reality that the very existence of the non-compete can greatly [...]
The ‘Notices’ Provision
This section is often given short shrift by lawyers and clients alike. However, it can be quite meaningful. Three key issues to consider are (1) the method or methods by which notices must be sent, (2) the time at which notices are deemed to be effectively given, and (3) who should be copied on the notices [...]
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