That’s a (click)Wrap

Who has time to read those pesky terms and conditions anyway? As it turns out…they are worth paying attention to, particularly if you are in a position to be writing them or using them on a website. If you are a new business owner starting up a website, terms and conditions should matter to you. … Read more

On the Back of a Napkin

I’ve written about this topic before, but it keeps reasserting itself in client questions, comments, and requests on a regular basis – so, I suppose it’s time to write about it again. “We want a quick one page agreement.” “Collin, I need a simple commercial lease, no more than three pages.” “They don’t like written … Read more

We ARE Trying.

It has been a busy first quarter for our clients, which means a busy time for us. One thing that has kept us hopping is the purchase or sale of businesses. Often, but not always, that takes the form of an asset sale. That means assets of the business are sold – not ownership of … Read more

Paper Beats Paper?

Somewhere at the bottom of most agreements is a clause that looks something like this: Entire Agreement:  This Agreement and the Exhibits and Attachments referred to in this Agreement contain the entire understanding of the Parties with regard to the subject matter contained in this Agreement and supersede all prior written or oral agreements, understandings … Read more

Whereas, Now, Therefore

At the beginning of many contracts is a series of clauses beginning with “Whereas.”  Besides giving us lawyers a chance to use a fancy word, these phrases actually have a purpose.  They are called the “Recitals,” and they are used to provide context to the agreement. The first paragraph tells the name of the agreement, … Read more

Location, Location, Location

One provision often found at the end of a contract discusses jurisdiction, venue, and choice of law. It is one of those paragraphs that you probably skipped over and maybe  even called boilerplate. But, guess what, it could matter a whole lot if the parties get involved in a lawsuit. First, let’s talk about jurisdiction. … Read more