Many people think that a binding contract guarantees results, that both parties are obligated to perform the contract as written. But a contract isn't a guarantee, and contract damages are designed to compensate the non-breaching party, rather than to punish a breaching part for bad behavior. When negotiating a contract, rather than expecting that the other party will perform as agreed, each party should focus on the parties' goals and incentives to perform.
Read More17th century volins made by Antonio Stradivari continue to be the gold standard for violin making. Yet no one has determined whether it was Stradivari's artistic or scientific skill - or both -- that enabled him to create his masterpieces. In comparison to making a violin, preparing a legal document may seem like a rote, scientific task, devoid of artistic merit. However, like Stradivari, attorneys should spend a lifetime developing both the art and science of legal drafting so they can create documents that are so masterful that they seem benign. Although AI might be able to replicate the science of a basic contract, so far, only an attorney who approaches contract drafting as an art can prepare a customized, easy-to-read legal document that meets a client's and transaction's needs.
Read MoreIn the musical Sweeney Todd Mrs. Lovetts' pie shop pie shop is struggling until she starts baking Sweeney Todd’s murder victims into her meat pies. Customers proclaim her pies the best pies they have ever eaten, but food-safety rules don’t depend on customer enthusiasm. While Mrs. Lovett's pies are an extreme example, the absence of a customer complaint doesn’t mean that something is considerate or legal. Read our article to learn why in Maryland and DC, food service establishments are prohibited from allowing dogs that aren't service animals indoors and what business owners can do to prevent health code violations and remain dog-friendly.
Read MoreA 16-member team at Deutsche Oper Berlin isn't onstage, but they’re not entirely behind the scenes either. Concertgoers see them briefly, depend on them completely, and then usually stop thinking about them, as if they are invisible. Read our article to learn about the opera house's team and how it's similar to boilerplate provisions in contracts. People pay little attention to them -- until there's a problem.
Read MoreBringing an attorney onto a team during project development when more options exist not only minimizes risk but can result in a better final product.
Read MoreCabaret cards, music royalty structures, sales quotas, and an American Federation of Musicians strike all started with good intentions but brought with them unintended consequences that transformed their industries that weren’t always positive. However, with proper planning and foresight, policy makers can foresee and prevent unintended consequences.
Read MoreTreating every challenge as a crisis can drain a team's energy and resources and make it harder to respond to a true crisis.
Read MoreNearly five years after it was first proposed, the SEC appears to be returning its attention to the finder rule proposed during the the first Trump Administration.
Read MoreSync licensing can be a major income source for composers and songwriters. Businesses should be aware that any time they use non public domain music in their video content, they may need a sync license.
Read MoreThe US system’s use of performance rights organizations to license music is efficient and enables widespread access to music at the expense of artist control over the use of their recordings.
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