Terms such as "shall," "must," "will," "may," and "should” each convey different levels of obligation and discretion. Yet, legal documents or contracting parties often confuse or exchange these terms.
Read MoreNon-competition, Non-solicitation, and Non-circumvention provisions frequently appear in employment agreements, but they also can be useful in joint venture agreements or in a contract for the sale of real estate or a business. Understanding the difference between these provisions and how each should be used is essential to protecting the parties' needs.
Read MoreSigning a legal document “under seal” can have significant legal consequences. Parties should be sure they understand and intend what it means to sign "under seal" before agreeing to contracts with that language.
Read MoreThe pandemic changed how parties conduct business. Yet, many contracts include execution provisions developed in the 1990s. Read this article to learn how parties should modernized their contract execution provisions.
Read MoreMost businesses no longer regularly use fax or US mail. Yet, new contracts often allow notices to be delivered by those methods. Read our article to learn about notice provisions and for recommendations on how those important contract provisions can be modernized.
Read MoreBy viewing a contract from the other party's perspective, a party not only can ensure that the contract doesn't incentivize undesirable behavior but also can foster a stronger relationship through understanding the other party's needs.
Read MoreWhen entering into a contract, parties often focus on when the contract will start and how it will be performed. However, when and how the contract ends and what comes after termination also are important.
Read MoreClients frequently ask their attorney to tell them what the law says about a situation. They view the attorney as little more than a translator from legalese into English. However, rarely is it adequate merely to change a law’s language to "plain English.” The attorney also needs to interpret the law’s intent and how it applies to the client’s circumstances.
Read MoreContracting parties should know the difference between exhibits, schedules, addenda, and amendments and how to use them properly.
Read MoreUsually, when a contract ends, the parties’ obligations to each other end too. But sometimes parties to a contract want to end a contractual relationship but have some of their contractual obligations continue after the relationship is over.
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